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6.2. SR 01-18-2011~'"~ ~i Elk REQUEST FOR ACTION .~.~.. River TO ITEM NUMBER Ma or and Ci Council 6.2. AGENDA SECTION MEETING DATE PREPARED BY Communi Develo ment anua 18, 2011 erem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED B~/ Resolution Regarding the Interim Use Permit for the Store Peter Beck, Ci Attorne Building at Wapiti Park, Case No. 10-16 REVIEWED BY Lori ohnson, Ci Administrator ACTION REQUESTED Staff recommends the City Council adopt the attached resolution regarding the Interim Use Permit for the store building at Wapiti Park, based on the Findings of Fact set forth in the attached resolution. BACKGROUND/DISCUSSION At its meeting on August 2, 2010, 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. After receiving a counter proposal from the applicant's attorney on December 20, 2010, the City Council extended the Interim Use Permit to January 18, 2011, and directed staff to develop a resolution for Council consideration to deny the Interim Use Permit, and Findings of Fact to support the same. The following background information was included on the staff action requested memo to Council dated August 2, 2010: 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. 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 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; N:\Public Bodies\Ciry Council\Coundl RCA\Agenda Packet\O1-18-2011\Wapit{.docx 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 fox 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 Park 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 [2010]. In June of this year [2010], Wapiti Park applied for a new Interim Use Permit for the store building 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 state law and with the original Conditional Use permit conditions. A review of the staff reports and minutes from the 1984 proceedings show that the primary 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 or 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 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. The purpose of this memo is to update the Council on the status of these items. Staffls 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: N:\Public Bodies\Ciry Council\Council RCA\Agenda Packet\O1-18-ZOll\Wapiti.docx 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 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, TN COMPLIANCE WITH SECTION 10-9 OF CITY CODE; No plan has been received. 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 axe re-inspected the following year. If the units still do not have appropriate license, they are recognized as mobile homes for taxing purposes. G. THE APPLICANT IS IN FULL COMPLIANCE WITH THE NINE CONDITIONS OF THE 1984 CONDITIONAL USE PERMIT, AS FOLLOWS: N:\Public Bodies\City Council\Council RCA\Agenda Packet\O1-18-2011\Wapiti.docx 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. These items were the original conditions of the 1984 CUP. Conditions 8 and 9 have been not been complied with. City Staff has also received complaints from residents with a concern for the welfare of people living in the campground year round. FINANCIAL IMPACT None N:\Pablic Bodies\City Council\Council RCA\Agenda Packet\01-18-2011\Wapiti.docx ATTACHMENTS ^ Resolution _ regarding the Interim Use permit for the store building at Wapiti Paxk ^ July 13 Planning Commission minutes ^ July 27, 2010 Planning Commission minutes ^ August 2, 2010 City Council packet including staff report and following attachments: ^ Planning Commission packet fox 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 ^ August 2, 2010 City Council minutes ^ December 20, 2010 City Council staff report and supporting documentation ^ December 20, 2010 City Council minutes ^ October 25, 20101etter from Wapiti Attorney James Robin ^ December 20, 20101etter from Wapiti Attorney Adam Kaatz Action Motion by Second by Vote Follow Up N:\Public Bodies\City Council\Coundl RCA\Agenda Packet\O1-18-ZOll\Wapiti.docx Resolution No. City Council City of Elk River A Resolution of the City of Elk River Regarding the Interim Use Permit for the Store Building at Wapiti Park Campground Findings of Fact 1. Wapiti Park Campground has been located within the City of Elk River since the merger of the old City of Elk River and Elk River Township in 1978. 2. In 1983, Wapiti Park Campground was rezoned from A-1/Agricultural to R- lb/Single Family Residential, and the Elk River Zoning Ordinance was amended to allow campgrounds in the R-1 b in the zoning district as a conditional use. 3. In 1984, a Conditional Use Permit was issued for Wapiti Park Campground, subject to nine conditions. 4. Between 1984 and 1988 the Elk River Zoning Ordinance was amended to remove campgrounds as a Conditional Use in the R-lb zoning district and Wapiti Park Campground became a legal non-conforming use. 5. In 1999, the Wapiti Park store building burned completely down. At that time, the Elk River Zoning Ordinance did not allow the reconstruction of anon-conforming use destroyed beyond 50%. 6. In 2000, Wapiti Park Campground requested a Conditional Use Permit to rebuild the store 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. 7. The 10 year Interim Use Permit approved in April, 2000 for the Wapiti Park Campground store building expired in April, 2010. 8. Wapiti Park Campground applied for a new Interim Use Permit for the store building, for an additional 10 years, in June, 2010. 9. On August 2, 2010 the Elk River City Council granted a 10 year Interim Use Permit (IUP) for the Wapiti Park Campground store building, subject to a number of conditions. One of the conditions was that the IUP would terminate on January 1, 2011, unless certain conditions set forth on the resolution of approval were addressed. 10. On December 20, 2010, the Elk River City Council extended the IUP for the Wapiti Park Campground store building to January 18, 2011, and directed City staff to prepare a resolution for City Council consideration regarding the IUP. 11. Wapiti Park Campground is licensed as a "recreational camping area" pursuant to Minnesota Statutes, Chapter 327. "Recreational camping area" is defined by that statute as including: any area, whether privately or publicly owned, used on a daily, nightly, weekly or longer basis for the accommodation of five or more tents or recreational camping vehicles free of charge or for compensation... 12. "Recreational camping vehicle", is defined by Chapter 327 to include 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. 13. Chapter 327 provides that recreational camping areas and recreational camping vehicles are for "temporary", "travel, recreation and vacation" uses. 14. Chapter 327 of Minnesota Statutes also regulates manufactured home parks, which are intended for permanent occupancy by the residents of the manufactured home parks. Wapiti Park is not licensed as a manufactured home park. 15. In 1984, in connection with the application of Wapiti Park Campground for a Conditional Use Permit, staff research indicated that there were permanent residents living in Wapiti Park Campground and a number of vehicles and structures which did not conform to the definitions of recreational camping areas and recreational camping vehicles in Chapter 327. Conditions were included in the 1984 Conditional Use Permit incorporating the requirements of Chapter 327 into the Conditional Use Permit, requiring wheels to remain on vehicles parked in Wapiti Park Campground, and requiring that there be no permanent units for rental purposes. 16. In 2010, in connection with the application for a second ten year Interim Use Permit for the Wapiti Fark Campground store building, City staff investigation and analysis, as well as testimony taken and information obtained during the public hearing process on the Interim Use Permit, has revealed that: a. Conditions number 8 and 9 of the 1984 Conditional Use Permit addressing compliance with Minnesota Statutes Chapter 327 have not been complied with; b. A number of campers/residents at Wapiti Park Campground have been residents there for a year or longer and consider it their permanent residence; c. A number of the campers/residents are not at Wapiti Park solely for travel, recreational and vacation purposes; d. A number of the vehicles located at Wapiti Park Campground are unlicensed and taxed by Sherburne County as mobile homes; e. There are a number of environmental and health concerns regarding the operation of Wapiti Park Campground, including compliance of the septic system with state standards and the provision of adequate facilities for the disposal of manure and solid waste. These issues are of particular concern because of the immediate proximity of the Elk River and the possibility of sewage, manure and solid waste flowing to or being deposited in the river. f. There are a number of public safety concerns regarding the operation of Wapiti Park Campground, including a large number of police calls to the campground, many related to the issue that Wapiti Park Campground and the vehicles and structures located there are not intended for permanent residency. 17. Despite efforts by City staff to work with representatives of Wapiti Park Campground, the City Council finds that none of the seven conditions adopted by the City Council on August 2, 2010, have been met, as follows: 1. No verifiable plan has been submitted by Wapiti Park Campground, nor approved by the City Council, to ensure that permanent residents will not live at the recreational camping facility; 2. No report has been submitted verifying that the on-site septic system is designed to be functional year round and remains fully functional; 3. No manure management plan has been submitted or approved; 4. No debris management plan has been submitted or approved; 5. No evidence has been submitted that Wapiti Park Campground is in compliance with all outstanding violations as identified by the state Department of Health inspector; 6. Structures and vehicles located in Wapiti Park Campground which do not fall within the definition of recreational camping vehicle in Minnesota Statutes, Chapter 327 have not been removed. In fact, at least four vehicles have been confirmed by Sherburne County to be unlicensed and currently taxed as mobile homes; 7. Wapiti Park Campground has not come in to full compliance with conditions 8 and 9 of its 1984 Conditional Use Permit, in that the requirements of Minnesota Statutes for recreational camping areas have not been complied with and a number of vehicles in Wapiti Park Campground have the wheels removed and are being used as permanent residency units. Therefore, Wapiti Park Campground is not in compliance with the requirements of its 1984 Conditional Use Permit. R ecnrd The record in this matter shall include all of the materials submitted to the Planning Commission and the City Council in connection with the June, 2010 application of Wapiti Park Campground fora 10 year Interim Use Permit, including the staff reports and all attachments thereto, all other written materials submitted to the Planning Commission and City Council, and all staff presentations and other testimony taken at the public meetings considering the IUP, all of which is incorporated and made a part of the findings of fact and this resolution. Decision Based on the Findings of Fact set forth herein, and the record in this matter, the City Council of the City of Elk River determines that Wapiti Park Campground has not complied with the conditions set forth by the City Council on August 2, 2010, and that the Interim Use Permit for the Wapiti Park Campground store building will therefore expire on January 18, 2011. THIS RESOLUTION PASSED AND ADOPTED this 18th day of January, 2010. John J. Dietz, Mayor Tina Allard, City Clerk GP:2914385 vl Planning Commission Muiutes Page 3 July 13, 2010 --------------------------- 12. OUTDOOR KENNEL SPACE IS TO BE LOCATED AT LEAST 250 FEET • FROM ANY PRINCIPAL STRUCTURE ON NEIGHBORING PROPERTIES. 13. NO FENCED PASTURE LAND SHALL BE USED FOR KENNEL SPACE UNDER THIS CONDITIONAL USE PERMIT. MOTION CARRIED 5-0. 5.2. Request by Elk River Sales & Leasing for Conditional Use Permit to Allow Truck Sales, Public Hearing -Case No. C[J 10-15 The staff report was presented byJeremyBarnhart. Mr. Barnhart stated that there will be no interior or exterior changes to the site, and that the request was more of an organizational change. He also noted that there will be no open sales to the public. Staff recommended approval of the request with the two conditions in the report to the Commission dazed July 13, 2010. Chair Westberg opened the public hearing. Terry Morrell, Elk River Sales & Leasing,107521718t Avenue NW (applicant) -stated that approval is needed from the govenunernal regulating agencyto allowvehicle sales. He explained that the sales license is for their internal use, and is consistent with similar businesses. There being no further public comment, Chair Westberg closed the public hearing. • MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST FOR A CONDITIONAL USE PERMIT BY ELK RIVER SALES & LEASING WITH THE FOLLOWING CONDITIONS: 1. VEHICLES AND EQUIPMENT ACQUIRED AS PART OF THE AUTO DEALERS LICENSE ARE INTENDED FOR MORRELL TRUCKING AND ITS SUBSIDIARIES USE ONLY. 2. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. MOTION CARRIED 5-0. 5.3. west b~Wa~iti Park (Lon~.ine White) for Interim Use Pernzit. Public Hearing -Case NO. CU 10-16 The staff report was presented byJeremyBainhart. He stated that the city is looking for minimal improvements to be made to maintain consistencywith city codes and state statutes as a recreational campground. He reviewed each of the eight conditions listed in the supplemental staff report, and the basis for each condition. Staff recommended approval of the IUP with conditions as stated Commissioner Ives asked if Condition # 2 regarding the septic system also covers runoff or drawage. Mr. Barnhart stated that the condition only addresses adequacy of the septic . system and does not cover storm water. Commissioner Ives asked if there were anyissues Planning Commission Muzutes July 13, 2010 Page 4 with raw sewage. Mr. Barnhart stated there have been some reports of this over the past fifteen years, but he has no documentation to showthat. Commissioner BeIl asked howfunctioning of the septic system would be enforced. Mr. Barnhart stated proof of inspection of the system must be provided He explained that if a report was received that it was not functioning, the city could ask for verification under that condition. Mr. Beck stated that if there are issues, inspection of the septic system could be tied to the annual renewal of the liquor license. He noted that the city could ask the MN Department of Health for a copy of their inspection to see what corrections were requested. Chair Westberg opened the public hearing. Adam Baatz,1907 East Wayzata Blvd, Suite 107, Wayzata, MN - stated he is representing Anita Glen, manager of Wapiti Park, and Lorraine White, owner of the property.. Mr. Kaaxz submitted a letter from Gary Schluender which states the septic system is functioning properly. He stated that he toured the propertywith the city's environmental technician NckiBlake-Bradley. He stated he felt that Ms. Bradleywas impressed with how. the park was kept up, and that she had two minor concerns regarding burning. He stated Ms. Bradleyfound that the animals are properlyconfined; the runoff goes into ditches and not into the lakes and streams; and the number of trash containers was adequate. He stated he will work with Ms. Bradley on both the debris management and manure man dement plans. Mr. Kaatz stated the applicants are opposed to Condition # 5 regarding closure of the campground in January and February, and felt this condition was harsh. He stated he hoped . to discuss this with Mr. Barnhart and workwith the City Council on something Iess than closure for two months. Mr. Kaatz stated he was not aware of any violations with the Department of Health (Condition # 6) and that Ms. Glen and Ms. White would work with any issues there maybe. He had concerns with h'na ng approval of the IUP on this condition. He stated he would like clarification on Condition # 8, since this was newto him Regarding Condition # 5, the owners have been in business for 35 years and the residents are their concern. He stated that this maybe the onlyplace some individuals have; theymaynot be able afford to get an apartment or live somewhere else at this time. Jerry Keillor, 18746 Troy Street, Wapiti Park - stated that he is a current camper at Wapiti Park He stated there was some concern that his kids were not warm enough. He stated that Child Protection Services did come to his residence once, but they have never returned. He stated that both of his children are very healthy. He stated he has no problem keeping his baby and three-year old warm He stated he was opposed to closing the campground for two months, as he had no other options. Mr. Beck asked how long Mr. Keillor has lived at Wapiti Park Mr. Keillor stated that he has been there over one year and made it through last winter just fine. Mr. Beck asked i€ he was a permanent resident. Mr. Keillor stated he would not consider himself permanent resident, more of an extended camper. Mary Johann, Wapiti Park - stated that she is from Myrtle Beach, South Carolina and has been spending the summers at Wapiti Park since 1997. She stated that it is a wonderful spot. Ms. Brandt stated that manypeople come from the metro area to camp there. She noted Planning Commission Muzutes Page 5 July 13, Zoio that some campers are not the best; some are older. She stated that she would like to keep . her spot. She stated that the city should not take the owner's livelihood away. Michael Clopping, 18540 Troy Street -stated his is the closest residence to Wapiti Park. He likes the people and enjoys the horses and guinea hens and has no problem wrth them He stated that he heard a comment from the city that they warn Wapiti Park to go away. He asked whythey would want to do that, after they have been there for 35 years. He stated he feh the city should work with them to fix the problems, not push them out, because that is not right. There being no other public comments, C11air Westberg closed the public hearing Mr. Beck explained that the property is not zoned for a campground, but it is "grandfathered in" as a nonconforming use, which means it cannot be expanded When their building burned, the city approved an interim use permit for ten years, in order for Wapiti Park to stay in business. Mr. Beck explained that the city found a way to allow Wapiti to stay by issuing the ItJP for ten years, as it seemed development was heading out that way. He stated that the market is very different now: Mr. Beck stated that he did not know of anyone who was pushing for Wapiti Parkto "go away", and he has been with the city for thirtyyears. He stated that there has always been a concern for residents living at Wapiti Park Mr. Beck explained that there are verydifferent requirements set bythe state for manufactured home parks and campgrounds. He staxed the conditions the city is proposing are not anything beyond what the state requires for recreational campgrounds, and anything that is not a recreational camping vehicle needs to be removed The conditions are meant to protect the safety and health of the people camping out and to be sure that it is functioning as a • campground and not a mobile home park Commissioner Ives asked if the state's regulations address length of stay. Mr. Beck stated the regulations include daily, nightly, weekly or longer periods of stay. He indicated that Condition # 5 needs to be discussed bythe Planning Commission. He stated that the goal of the condition is to protect the residents. He noted that state campgrounds function year- round and there is nothing expressly in state law to prohibit year-round use at Wapiti, as long as it functions as a campground. Commissioner Ives asked if staff was aware of the number of request for checks on the welfare of residents that have been made at Wapiti. Mr. Barnhart stated staff does not have information. Mr. Beck stated those calls would go to county or state agencies. Commissioner Bell stated that other types of buildings such as apartments have checks on welfare, and he did not feel that should be a reason to close someone down. Commissioner Ives stated that those are buildings and not a campground Chair Westberg stated that closing the park would be going too far. He felt there should be more discussion on Condition # 5. Commissioner Anderson stated that Commissioner Scott forwarded his comments to him Ids concern and Commissioner Scott's concerns are the ouxstanding violations of the health inspector and wintering in the park He stated that he worked and lived at the KOA Campground for three years and the owners Lived there year-round. He stated that he has lived here for thirtyyears and is aware the Wapiti area is a beautiful, pristine area, He felt the health, safety and environmental conditions need to be addressed. He stated he would like a more thorough statement from septic inspector that the system is able to handle the Planning Commission Minutes Page 6 July 13, 2010 operations at Wapiti. He stated he would not vote in favor of the IUP tonight because he has too many questions. • Commissioner Lemke asked who issues permits and inspects septic systems. Mr. Barnhart stated that generally, residential systems are inspected bythe city, but that in some cases such as a community system, the permits and inspections are done bythe state. Commissioner Lemke stated he would like to see certification that. the septic system is fully functional and will continue to do so under the current conditions. He stated that closure of the park needs to be clearly defined, such as by stating that "all recreational vehicles should be removed". Commissioner Lemke asked if Mr. Keillor received mail at the park Mr. Keiller stated no, that he has a post office box. Commissioner Bell stated that he did not think it was the city's problem to close down a business because It was cold. He stated that he goes ice fishing and no one tells him it's too cold. He stated that violations could be upgrading shelving or walk in coolers. He thinks theyneed to look at the actual violations to see if they are tralyhealth-safetyissues. There could be something like a cracked rile in the shower and that would not be life threatening and they would be given sixty or ninety days to have it fixed. Something serious may require it be completed in three days. Commissioner Bell stated that welfare of the residents was the Heakh or Social Services Departments' concern, not the Commission's. He stated that a violation is not necessarilyaheath safetyissue, and could be some type of sanitaryissue. He stated the Commission does not know if the concerns are serious or not serious. Mr. Barnhart stated that there really are onlytwo or three issues that need to be resolved. He suggested that the Planning Commission could table the request until the next meeting. 1. MOTION BY COMMISSIONER LEMKE .AND SECONDED BY COMMISSIONER IVES TO TABLE THE REQUEST BY WAPITI PARK TO A SPECIAL MEETING OF THE PLANNING COMMISSION ON JULY 27, 2010. MOTION CARRIED 5-0. 5.4. No. OA 10-07 The staff report was presented byJeremyBarnhart. He noted that the proposed ordinance amendment meets the city's goals and the property owner;' goals. Staff recommended approval of the ordinance as presented Chair Westberg asked if the ordinance is citywide. Mr. Barnhart stated yes, that the ordinance is for property over 20 acres in the Commercial Reserve Transition district. Chair Westberg asked if a signs would be allowed for other events such as a large familygathering or carnival. Mr. Barnhart stated, yes a sign would be allowed for a specific use of that type. Commissioner Lemke asked what impact the ordinance would have on the existing motor cross facility signage. Mr. Barnhart stated that the signs could stay, except the ones in the right of way. Chair Westberg opened the public hearing. There being no further public commern, Chair • Westberg closed the public hearing. Planning Commission Minutes Page 7 July 13, Zoio MOTION BY COMMISSIONER LEMKE AND SECONDED BY . COMMISSIONER IVES TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENT REQUEST BY THE CITY OF ELg RIVER REGARDING SIGNAGE IN THE CRT {COMMERCIAL. RESERVE TRANSITION) ZONING DISTRICT, AS DETAILED IN THE STAFF REPORT TO THE PLANNING COMMISSION DATED JULY 13, 2010. MOTION CARRIED 5-0. 6. Other Business -None 7. Adjournmern There being no further business, MOVED BY COMMISSIONER LEMKE TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:43 p.m Minutes prepared b bbie Huebner. ,~ :~~ ~-. Tina Allard City Clerk Westberg Chair • SPECIAL MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JULY 27, 20 [ 0 Members Present: Chair ZY'estberg, Commissioners Anderson, Bell and Lemke Commissioner Scott arrived at 6:33 p.m. Members Absent: Commissioner Ives Staff Present: Jeremy Barnhart, Planning Manger; Debbie Huebner, Recording Secretary Also Present: Peter Beck, City Attorney Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:30 p.m. by Chair Westberg. 2. Consider 7/27/10 Special Planning Commission Agenda MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMBE TO APPROVE THE JULY 27, 2010 SPECIAL PLANNING COMMISSION AGENDA. MOTION CARRIED 5-0. . Commissioner Scott arrived at this time. 5.1. Request by Wapiti Park , rraine White,~for Interim Use Permit Case No. CU 10-16 The staff report was presented by Jeremy Barnhart. He reviewed each of the eight conditions recommended by staff. He stated that six of the issues are being worked out with the applicant, but that staff and the applicant are in disagreement with Condition #5 and #7. Mr. Barnhart explained that Condition #5 is partly to address the year-rounding living in the campground. He stated that several of residents use Wapiti Park as the address for their vehicles and/or driver's licenses. Staff has concerns that a number of the structures are not made protect campers from the severity of the winters here. Condition #8 is a result of an inspection of the campground in which staff and the building official found a number of changes and improvements that do not seem to meet the definition of a recreational vehicle as identified by the state. Staff recornmerids approval subject to the eight conditions. Commissioner Lemke asked if a truck would be allowed to remain if the recreational camper was removed. Mr. Beck stated that yes, a car or truck could remain. Chair Westberg opened the discussion for public comment Adam Saatz,1907 East Wayazta Blvd, Wayzata, MN 55391- stated that he was in agreement with staff on six of the conditions, but that was before he had a chance to look at the 2000 file. Mr. Kaatz addressed the conditions as follows: Planning Commission Minutes Est 27, 2010 .J ~~y Page 2 Condition #1 -limits Wapiti Park to 10 years. He stated that that in 1984, Wapiti Park was • issued a Conditional Use Permit for a building, but he was not sure why they needed one, since they were grandfathered in. In 1999, when their bar burned down, they were asked to apply for another Conditional Use Permit, but the Council instead issued Interim Use Permit. He stated that Wapiti did not apply for an Interim Use, and the hearing notice stated they were requesting a Conditional Use Permit. It was his understanding that there is no time limit on a Conditional Use Permit. He felt an argument could be made that the origina11984 CU-I' should still be valid. He questioned why ~Tapiti Park needs to apply for permit now, and why the 10-year limit Condition #2 - I~4r. Kaatz reviewed a letter from Mr. Schuelender regarding the septic system. Condition #3 and #4 - He and the applicant are working with staff and he is confident they will be able to come up with both a debris and manure management plan. Condition #5 - Mr. Kaatz stated this is a big problem, because not only would the owner lose income for those months, but also would take away the campers right to chose to stay there. Mr. Kaatz stated he did not see anything in the .ordinance prohibiting pear-round camping. Condition #6 - Mr. Kaatz stated that the only real outstanding issue regarding the Health Department is some file in the bathroom. Condition #7 =Wapiti has current license. Condition #8 -The home on the property is for personal use and was Left there by a • previous tenant as payment for rent owed. Mr. Ka.atz questioned who is objecting to Wapiti Park being there and why. There being no further public comment, Chair Westberg closed the public comment portion of the discussion. Mr. Beck stated that a CUP was issued in 1984 and the zoning ordinance was subsequently amended to remove campgrounds as a conditional use. Therefore, when the building was completely destroyed by fire in 1999, Wapiti was not eligible for a CUP. He noted that there were some changes made in state law in 2006 regarding non-conforming uses. Mr. Beck explained that the City granted an Interim Use Permit in order to allow the building to be constructed. He stated that the campground use is still a nonconforming use, and Wapiti would need an Interim Use Permit to continue operation of the building. Mr. Beck stated that permanent residency at ~X%apiti violates dty code and state law. He stated that manufactured home parks are different than recreational camping areas. He discussed the definition of a campground and that it does not include permanent camping. Mr. Beck stated the staff is anempting to address the concern of wintering, and closing the park for the two coldest months would address that issue. He stated that weather- appropriate vehicles could be considered separately, but permanent residenry would only be allowed in a mobile home park and would be subject to different laws. Mr. Beck stated that the city's building official could inspect the site to dete+~++ne what is and is not a recreational camping vehicle by state law. P3anning Commission Minutes Est 2', ?010 J~-~y Page 3 • Commissioner Bell read a portion of state law regarding recreational camping vehicles, which referenced separation between carports, awnings, etc. He stated that by mentioning this items, it implies that they are allowed. He stated that air conditioning can be very important when camping and having an air. conditioner does not necessary mean the camping vehicle is permanent. He also stated that he felt having a vehicle registered to the campground address does not mean someone lives there year round. He stated he was opposed to closing the park down to eliminate people living there year round, if there is no proof. He stated the property owner has a responsibility to comply with dty ordinance, and felt there was some merit in differentiating manufactured homes and recreational vehicle campgrounds. He was not sure if permanent decking improvements should determuze pear round living. Chair Westberg stated that relatives checked out Wapiti Park as a possible camping site and conveyed to him that it seemed more like a permanent living faality, rather than a campground. He felt that Condition #8 would ensure enforcement of the issue. Commissioner Scott asked if Wapiti was currently licensed by the state. Mr. Beck stated yes. Cotmissioner Scott stated that he did not wish to interfere with people's lives, but if it is becoming a manufactured home park, rather than a campground, the owner needs to proceed that way. Commissioner Johnson asked if staff surveyed any other cities regarding manage recreational campgrounds. Mr. Barnhart stated that he has not researched the issue. • Commissioner Anderson stated that if Condition #8 could be worked out, Condition #~ could possibly go away. He stated that he understood why the city issued an interim use permit. He felt enforcement of Condition #8 would clearly define what is and is not a recreational camping vehicle. Commissioner Anderson stated that this is not an issue of affordable housing, since it is a campground. He felt the issue should be moved on to the city council with the conditions recommended by staff. Commissioner Lemke expressed concern that on every case the Commission has heard in the past, a condition is included that all building, safety and fire codes must be met. He stated that it seems every one is ok with dismissing or disregarding this condition for this case. He stated that he is concerned about the misafigning of temporary and permanent uses. Commissioner Lemke stated that there is a level of public safety that needs to be met. He stated he was concerned that eleven people are using Wapiti Park as their address on their licenses, noting that Mr. Keillox stated he has lived there a year and a half. Commissioner Bell stated that Condition #8 needs a clearer definition of what is a recreational camping vehicle. He stated that having an air conditioner or an address on a driver's license does not mean permanent. Chair Westberg stated that Condition #8 references state statute. Commissioner Bell stated that he feels there still is some gray area. Mr. Beck stated that storage sheds, air conditioning, decks and expansions could help identify which vehicles are in violation. He stated that using the campground's address on a driver's license seems to imply some permanency. He stated that recreational camping vehicles are not designed for year-round use. He stated there are pages of regulations for manufactured homes to address year-round living. Mr. Beck stated that it may be possible to address these concerns other than by Condition #5, such as Wapiti having its own covenants. Planning Commission Minutes ?~st 2?, ?010 .J+~~~ Page 4 MOTION BY COMMISSIONER BELL TO RECOMMEND APPROVAL OF . THE REQUEST BY WAPITI PARK FOR AN INTERIM USE PERMIT WITH 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. b. INTERIM USE PERMIT SHALL NOT BE ISSUED PRIOR TO COMPLIANCE WITH ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR. 6. MAINTAIN APPROPRIATE STATE LICENSES. 7. 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. The motion died for lack of a second. Commissioner Anderson suggesting having staff, the applicant, and attorneys address the year-round issue. Commissioner Bell stated that the applicant paps ayear-round license fee and would not be able to have year-round camping. Commissioner Anderson stated that it would be up to the applicant how to attract winter users. Commissioner Scott asked if the applicant could request to have a mobile home park. Mr. Beck stated that a number of approvals would be needed for a mobile home park, first of which would be a zone change. MOTION BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY WAPITI PARK FOR AN INTERIM USE PERMIT, WITH THE FOLLOWING CONDITIONS: 8. THE APPROVAL IS VALID FOR TEN YEARS OR UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. 9. INSPECT AND VERIFY THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED TO BE FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL. 10. STAFF APPROVAL OF A MANURE MANAGEMENT PLAN, IN • COMPLIANCE WITH SECTION 10-9 OF CITY CODE. Planning Commission Minutes Est 27, 2010 _1~~'l~ Page 5 . 21. APPROVAL OF A DEBRIS MANAGEMENT PLAN BY ELK RIVER ENVIRONMENTAL DIVISION. 12. DUE TO THE CONCERN FOR RESIDENTS LIVING IN CAMPERS DURINGTHE WINTER MONTHS, CAMPGROUND MUST BE CLOSED JANUARY 1 THROUGH MARCH L 13. INTERIM USE PERMIT SHALL NOT BE ISSUED PRIOR TO COMPLIANCE WITH ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR. 14. MAINTAIN APPROPRIATE STATE LICENSES. L5. 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. MOTION CARRIED 4-2. Chair Westberg and Commissioner Bell opposed. 6. Qther Business -None 7. .Adjournment There being no further business, MOVED BY COMMISSIONER ANDERSON TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:28 p.m. • Minutes prepared by Debbie Huebner. ..1 ,`~ >' Tina Allard City Clerk l/ `l Chad Westberg Chair • Cit of L. VGJ~ a ~~ 11~~~0~ ~1k _ River '~'O ITEM NUMBER Ci Council 5.2. AGENDA SECTION MEETING DATE PREPARED BY Administration Au st 2, 2010 erem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED By Request by Wapiti Park (Lorraine White) for an Interim Use Permit for the Building at Wapiti Park Campground, Public REVIEWED BY Hearing -Case NO. CU 10-16 -Public Hearing Continued ACTION REQUE5TED The Planning Commission recommends approval of an interim use permit to allow the continued use of the 30 x 55 structure at Wapiti Paa:k Campground 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. 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. BACKGROUND/DISCUSSION 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 Files\OLK138DB\CU 10-1G Wapiti Park 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 rests.7cted 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 19$4 and 1988, the zoning ordinance was amended to remove campgrounds as a conditional use in the R-1b zoning district, and Wapiti Park 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 bw:ned 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 additiona11O 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 primary 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 or 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 latex, 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:\Usexs\jmiller\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLKESDB\CU 10-1G 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 for 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 February, 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 vchicle. 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; staffls 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\`Pemporary Internet Files\OLI{IJ8DB\CU 10-16 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 paxk have been received. STAFF RECOMMENDATION 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 BECOME 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. STAFP HAS APPROVED A DEBRIS MANAGEMENT PLAN; D. THE APPLICANT HAS 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 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 8AMT011PM; 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; G. THAT THE PERMIT BE REVIEWED EVERY TWO YEARS; C:\Users\jmiller\AppData\Local\Microsoft\Windows\Tempoxary Internet Files\OLKE8DB\CU 10-16 Wapiti Park SR to CC 8-2-10.doc 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. 2. THE APPLICANT SHALL 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 for denial. FINANCIAL IMPACT None ATTACHMENTS ^ 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 Mx. and Mrs. Klopping ACtl011 Motion by Second by Vote Follow Up C:\Users\jmiller\AppData\Local\Microsoft\Windows\Temporary Internet Piles\OLK~8DB\CU 10-IG Wapiti Park SR to CC 8-2-10.doe C~OC~~ TO ITEM I~IUMBER Planning Commission 5.3 AGENDA SECTION MEETING DATE PREPARED BY Planning Items Jul 13, 2010 JeremyBamhart, Planning Manager ITEM DESCRIPTION EZEVIEWED By Request by Wapiti Park (Lon-aine White) for Interim Use Permit, Public Hearing -Case NO. CU 10-16 I~EViEWED 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. PROVIDE VERIFICATION THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED TO BE FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL. 3. ACQUIRE AN APPROVED MANURE MANAGEMENT PLAN, CONSISTENT WITH SECTION 10-9 OF CITY CODE. 4. PREPARE A DEBRIS A~IANAGEMENT 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. G. ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR MUST BE COMPLETED. BACKGROUNDIDISCUSSION 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. ('Ihe bar and office building accessory to the principle use, which is the campground.) Because the structure is accessoryto (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:\Departmenu\Coznmunity Development\Planning\Case Files\CUP\CU 10.16 Wapiti Park IUPICU 10.16 l~~apiti Park SR to PC 7-13- l0.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 knov,~n if the existing on-site septic system is adequately designed, maintained, and continues to be functional for ~~ear 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 was noted. It is suggested that a waste management plan be prepared to addressing this issue, as well as a concern arith the amount of garbage being burned. Lastly, the park hosts alulnals 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. F{NANCIAL -IMPACT None C3eneral lnfortnation App{icant Lorraine White Requested Action Interim Use Permit 6 0 Day Rule The City must take action by August 30, 2010 Location 18746 Troy Street ATTACHMENTS ® 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 April 12, 2000, authored byMichele McPherson Action Motion by Second by Vote Fo{{o~v Up N;\Departments\CommunityDeveIopmerix\Planning\Case Files\CUP\CU 1416 Wapiti ParkIUP\CU 1416 ~Y/apiti Park SR to PC 7-13-10.doc 18746 Troy Street NW EL~RIVER, MTNNEASOTA 55330 763-441-1396 June 29, 2010 Wapiti Park Campground, owned and operated for 35 years, located at 18746 't'roy Street NW. Elk River Minnesota 55330 is requesting the following, to be allowed another interim use permit, to remain in business as a carnpground until the property is sold for development for housing. Wapiti Park's hours are approximately from 9:00 am to 12 ir~idnight, 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 enjoying Heggies pizza which is for sale in the off ce. Wapiti Park offers two bath houses for our campers use and as shelters from severe storms, although some feel more comfortable corning to the office during severe storms. T you, aniti Park Camn~round City of ~~ ~~~, 13065 Orono Parl~~~~ay Elk River. ~14N SS330 July 8, 2010 Lorraine White 18746 Troy Street NW Elk River, MN X5330 Re: Interim Use Permit, Staff Comments Dear Ms. White, Thank you for allowing me the opportunity to review your application. I note that you axe requesting an Interim Use to allow the ex7sting 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 ox questions were raised, and follo~v. Your application is scheduled fox formal review by the Planning Commission on July 13, 2010. If the Planning Commission makes a recommendation, the Council will review the application on July 19~'. Because of the tight timetable as requested, the following comments will be recommended as conditions. There is a possibility that the Council or Planning Commission will table your request until further uiforrnation 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 fLeezing. 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 several guinea fowls run at large, which may be inconsistent with the State rules. Phone: 763.635.1000 Far.: 763.63S.1Og0 ~~v<eci.elk-ri~~er.mn.us 3. During recent river clean ups completed by Elk River «'~atershed Association, it has been noted that open pipes discharge into the river, and there was a large amount of debr7s found in the river, apparentl;~ from the inditzdual campsites. A plan must be prepared to address this from continuing. It has been noted that there is evidence of burning trash at the campground. Please note that it is illegal to bum trash in the CitST of Elk River. Please prepare a plan to address this concern, including adding more garage collection throughout the site. Based on my re~7ew, my recommendation to the Planning Commission and City Council u~ll be to incorporate. the preceding comments, and also to restrict the campground from operating year round, closing December 315C through March. If the septic system is not designed fox year round collection, I will recommend that the campground be closed October 31 through March 31. My recommended conditions are as follows. 1. Provide verification that the onsite septic system is designed to be functional 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 ilk 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, Je~my Baz~ t Plamvng Manager, AICP -. ~~ ~E~~~~~ Td: Jeremy ~crnhart, Planning Manager FR4~i: Pebecca Haug, Environmental Administrator BATE: July 7, 20~ 0 SUBJECT: CU 1Q-15 - fUP for t~apiti Park During the July 7, 2010 Site Plan review meeting, the IUP for Wapiti 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 Watershed 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 i-naterials. 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. ~ii Cnr a: E1 ---~. River Police Department MEMORANDUM TO. Jeremy Barnhart, City Planner FROM: Jeffirey A. Beahen, Chief of Police DATE: 7-7-10 SUBJECT: Wapiti Park I have rep-iewed our calls for sei-~~ice at ~~'apiti Park as recorded in our records system since 1999. ~~'e hate had x-=11 calls for seL-~-ice to that location. Tlus is a ver1- lugh number of calls for one location. I pace attached a copy of a memo written to the Council on April 16, 2002 by the Chief at that time, Thomas Zenvas. His memo reflects his concerns in 2002 of the large number of police calls at «'apiti Park. Please see his memo for more complete details. i1TS=personal experience with the park is that over the years we have responded to significant events there that hate proven to have endangered the safet5r of those who stay or frequent there. These calls included: e ~ camper trailer that exploded when the resident tried to kill himself by allowing propane to leak into lus trailer. An ignition source ignited the gas, injuring the resident and destroying the trailer. e ~ meth lab discovered inside one of the trailers, resident who fell into a campfire, laid in the fire due to lv.s level of intoxication and burned off lus legs, buttocks and genitalia. e Numerous sexual assaults. o ~~'eapons related incidents and assaults. ® ~ significant number of other assaults and violence. o Reports of ra~v sewage leaks. ® Requests to check the welfare of residents who spend the winter in die park, some sleeping in tents-not trailers. Concerns that die 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 d7ere in the middle of urinter, to check a newborn child who was sta5-ing with her parents in a tent. The history at the park is not illustrative of a recreation facilitST, in fact it is considered a constant source of concern For our officers in terms of the resident's general safety and well being. I have attached a print out of all of the police calls we have recorded. Our system does not allow us to pull statistics prior to 1999. If you need more details on the types of calls, I would be happy to provide that information to you. ~:~=~ ~.~ item # 6.9. MEMQRANDUM FROM: DATE: Mayor and City Council Michele ~[cPherson`; Director of Planning /~pril 12, 2aaa SUBJECT: Case Number: CU 00-6 Request by I~itapi~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. Location 18746 Troy Street Zonin.g/Land Use R1b (Single Family Dwelling)/MR (Medium Density Residential) Atfachments , ® Location Map Site Plan ® Building Elevations ® Building Floor Plan ® August 17, 1998 Memo from Steve Rohlf Overvie w 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 R1b District. Sometime after 1984 and prior to 1998, campgrounds were removed from the district and Wapiti Park became a legal, nonconforming use. 17I1LC /l«..., .. 77....1.....,.. ~ 17 n n.. _. Ann rnt n:_._.. ~.rwT «-inn _ mr~r~ n ra Merno 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 down. 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 for 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 safe) 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. Planning 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 with the Planning Commission recommendation and approve the request with the recommended conditions. t ry i ~~' ~~ l ~~ ~~ REQUEST ~~R CTI~N TO ITEM NUMBER Plannin Con~ntssion 3.1 AGENDA SECTION MEETING ®ATE PREPARED BY Plannin Items ul ~ 27, 2010 Jerem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED B~ Request by Wapiti Park (Lorraine White) for Intei-~m Use Permit, 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 ~ 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. BACKGROUND/DISCUSSION At the Planning Commission meeting on July 13, 2010, the Planning Commission 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 Files\CUP\CU 1U-1G Wapid Park IUP\CU 10-1G Wapiti Park SR to PC 7-27-1U,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 Parlc is licensed by the State of Minnesota as a Recreational Camping Area. Although not permitted under the City's Zoning Ordinance, Wapiti Park apparently predates the Zoning Ordinance 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. I3owever, Wapiti Park must conform to its state license as a Recreational Camping Area used exclusively for tents and Recreational Camping Vehicles. Year 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. Of these 3G vehicles,ll 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 the 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\Communiry Development\Plannin~\Case Files\CUP\CU 10-16 Wapiti Park IUP\CU 10-1G Wapiti Pack SR to PC 7-27-IO.doc 6. II~TTERIM 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 15th, 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 THAN 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 8, a Recreational Camping Area is an area used on a daily, nightly, weeldy, 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 16t". 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\Communit}~ Development\Planning\Case Files\CUP\CU 10-16 Wapiti Park IUP\CU 10-16 Wapiti Park SR to PC 7-27-10.doc General Information Applicant Lorraine White Requested Action Interim Use Permit 60 Day Rule The City must take action by October 30, 2010 Location 18746 Troy Street ATTACtfMENTS ^ Planning Commission packet dated July 13, 2010 ^ Minnesota Department of Health Inspection report dated August 14, 2009. ^ List of permanent improvements ACtIOn il2otion by Second by Vote FOllow Up N:\Depaztments\Community Development\Plazuung\Case Files\CUP\CU 10-16 Wapiti Park IUP\CU 10-IG Wapiti Pack SR to PC 7-27-10.doc Minnesota Department of Neaith 3333 Vl/est Division St. St. Cloud 320-223-7300 Type: Full ~ ~ ~~~ ~ Page 1 Date: 08/14/09 Time; 15:55:43 ~ Report:7977091005 Loeation: Wapiti Parl: Camp Groiuid Inc. 18746 Troy Street N.W. Elk River, MN 55330 Sherburne County, 71 License Categ®ries: HOSP, FBPS, FBLB, FBTW, FBLF, FBPW, MDEP- 93, Ezpires on; I2/3I/09 Establishment Info: ID #: 0004467 Risk: High Amiotuiced Inspection: No Operator: Wapiti Park Caanpgrotuid, 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 NOT been corrected. 1.0 C-AIA~~ AI~tD RE~'I7SE ZO~~ 4630.1100. Cover outside garbage containers with tight fitting, insect proof lids. ALL DUMPSTERS WERE UNCOVERED. LIDS MUST REMAIN CLOSED. Issued on: 07/18/07 6 PLUMI~II~TO 0601 Co~~zply By: 07/18/07 4630,0700. Provide appropriate back-flow preventers on all threaded hose bibbs. ALL HOSE BIBS AT INDIVII~UAL CAMPSITES MUST, AT A MQ~:IMUM, BE PROTECTED BY A HOSE CONNECTION BACKFLOW PREVENTER OR VACUUM BREAKER. THE MINIMUM ACCEPTABLE RATING IS ASSE 1011, OR EQUIVALENT, AN ASSE 1052 IS PREFERRED, BUT NOT REQUIRED. . Issued on: 07/18/07 6 PLTJ1!'IBING 06C1 Comply By: 04/18/08 4630.0700, Provide appropriate back-flow preventers on all threaded hose bibbs. PROVIDE AT DUMP STATION. IF A SPRAYER OR ANOTHER ATTACHMENT IS USED ON THE HOSE, A1~T ASSE 1052 IS REQUIRED. Issued on: 07/18/07 Comply By: 04/18/08 Type: Full I~ ~ ~~~'~~ ~~1 Page 2 Date: 08/14/09 ~~~~~~o~~ ~ Time: 15:55 :43 Report:797709I005 Wapiti Park Camp Ground Inc. _ The following orders were issued during this inspection. ~ CA '~'A:ER 02./IS 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 SHO'V~TER. 2) REPLACE MISSING FLOOR TILE IN BOTH THE WOMAN' S SHOWERS, CorTiply By: 08/21/09 14 ~OTTLI!'~ SAS 14.4 4630.1500. Firmly mount all bottled gas contailiers in an upright position. RESTRAIN BOTTLED GAS CONTAINERS WITH CHAINS, ROPE, CORDS, OR IN RACKS. Co»zply B~~: OS/~4/09 NOTE: Ptans and specificatians must be submitted for review and approval prior to new constivetion, remodeling oY• alterations to the premises oa- its facilities. I acknowledge receipt of the Minnesota Department of Health inspection report number 7977091005 of 08/I4/09. Signed: ~~'~~ JULIA HIGGINS OWNERS HELPER Signed: Kent B Johnson Public Health Sanitarian St. Cloud 320-223-7321 Kent.Johnson cr health.state.mn.us Wapiti Park alterations Lot number Description 7 Rigid sanitary waste pipe 16-J u1-10 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 ~~~ , ) ITEM 4.2. ~ ~. i City of MEMORANDUM -`~ ® TO: CITY COUNCIL . , ~~ .FROM: STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR DATE: AUGUST 17,1998 ~ K SUBJECT: WAPITI PARK CAMPGROUND .. .- BACKGROUND _ ._ ...__..... _ - -.. . 1983 .. The Wapiti Pazk properly was rezoned from A-I/Agriculatural to R-lb/Single Family residential in 198.3. 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 r_ot 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 additiona120 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 followina• 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: (6l2) 441-7420 • Fax: (6I2) 441-7425 ® 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. ;: ~ ~_, . . Current (May I998Z 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. ,- ~ ~ ..: } s 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 © 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 100 lb.) • not have any permanent additions. RECOMM~NDATIOI~T 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 sip 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 owners 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. _I (~ ."_ ~~ ^ ~ \ To: Mayor and City Council Memarandum { ~ From: City Administrator Cicyof Date: March 15 , 19.84 tamer Sub'ect: Wapiti Park Campground , Inc . ~ Request for Conditional Use Permit 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, for 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- ai:`o~.i~~: the activities conducted and the layout of the campground car~"r.~ng 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 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. ~..... 505 U.PA. Drive, Elk River, Minnesota 55330 (612)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 a.nd 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 pxovide ~~ 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 pertains 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 `a 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~~c City Administrator r RCM:dk ~. ~" 1 c a ' `~3 MHD 187 j street or highway and at least 10 feet from other park property boundary ~ lines. l (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 i home park or recreational camping area. Any kennels, pens or other facili- ties provided for such pets shall be maintained in a sanitar}• condition ,,t all l times. (e) Water Supply. An adequate supply of water of sate, sanitary, potable quality shalt be provided in each mobile home park and recreational catnp- ing area. When a satisfactor}• public water supply is not available. :tn 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 supply shall be capable of suppl~•ing a minimum of 150 gallons per da}' per mobile home, and in recreational camping areas, the ~•ater 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 drinkin; eater supply shall be available within at least 400 feet of every campsite. Ever}• well or suction line of the water supply system shall he located and con- structed in such a manner that neither underground nor surface contamina- tion shall reach the water suppl}• from any source. The following minimum distances between wells and various sources of contamination shall be required: . Distance in Feet Separating Well or Suction Line from Contamination Sonrce Contamination Source Building Sewer 50 Septic 'l'ank 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 sha{I 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 sha[I 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. In 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 ~_ ~~ \ R1b\/r C3 C3 ~~ ~ pUD C2 R1b i ,.~ ~ ~. r ~~ ~-S .= .rte J r -i=r~- / ~ Jb 4 i'p~ i r~a* r0~7' t _act ~ rk .. •r ~ rlsf r ~rf oe: 11 ~ a ~~~~ r,~b ':v•tc r ~ w ~ serif j # R ''+„ r*i~ .. - . G _ _~°~ .~ ,m. . - ~ F`. :~~ d ~ 0 Wq~ " Jr~ .~lp ., MAP 16 I: `'~:. MHD 187 4b4 ground elevation and the minimum pipe size shall be ?+ inch. Adequate provisions shall be made to pre+•ent freezing of service lines, val+•es and riser pipes. if underkround stop and waste valves are installed, the}' shall be at least lU feet Tram the nearest buried portion of the sew'ace s}stem. 1Vater risers on unoccupied sites shall be valve) off. There shall be a hori- zontal distance of at least ten feet between water and sewer riser pipes: provided, that where 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 may waive any of the reyuirentents subject to such conditions as may be Deemed desirable in the individual case. tf) Pumbing. All systems of plumt~ing in muhile home parks and r«re- ational campink areas shall be installed in accordance with the regulations of the State Board of Health and the provisions of the hfinnesata Plumbing Code. (g) Ser+age Disposal. .Alt sewage and other water carried wastes shall be dischar;ed into a municipal sewa_c sysrem which is being operate) under a permit issued by the Minnesota Pollution Control Agency ++~hene+'er such a s}~stem is available. When such a system is not available a sewage disposal s}'stem acceptable to the State Board of Health and the Piinnesuta }'ullut~on Control Agency' shalt be provided. All sewer lines shalt be located in trenches of sufficient depth to be free of breakage from tratlic, or other movements and shall be separated from the park water supply s}'stem by at least `lU feet, unless special acceptable construction of se++•er lines is pro+'tded, All sewer lines shall be constructed of materials approved by the State Board of Health and shall be adequately vented and shaD have water tight joints. ]ndividual site sewer connections shall be at least a 4 inch diameter sc+ver riser pipe. The sewer cannections shall consist of one pipe line only without any branch fittings. All joints shall be water tight. Alt materials used far sewer connec- tions shall be corrosive resistant, nun-absorbent and durable. The inner surface shall be smooth. Provisions ,hall be made for capping the se++•er riser pipe v+'hen a mobile home or recreational camping vehicle does not occupy' the site. Surface drainage shalt be directed away front the riser, the rim of the riser pipe shall extend at least 4 inches above ground elevation. Systems of sewage disposal utilizing the discharge of effluents to bodies of surface water must receive the approval and comply' with the water quality and effluent standards and system design criteria established 6y the Minne- sots Pollution Control Agency, All systems utilizing sail absorption for final disposal of effluent shall comply with and receive the approval of the State Boazd 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 the ordinary h gh water levellofan body of surface w tort horizontally front (h) Toilet, $athing 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 .~ . •s; ~; •>~::^ .: 'eS7 ~ sue low i De fay us H~ wl ~ 4b5 MHD 187 such facilities. The number of fixtures shat! be in accordance with the fol- lowing schedule: lumber of Toilets Urinals La~•atories Showers Dependent Sites --- Dlen Women hten -- R'ien Women Men Women I-1S ( 1 _1 -- - i - -1--- -1--- - 1 -- 16-30 1 "' ~ 1 2 ' 1 1 31-45 2 2~ 1 ~ 3 _ 3 ~ I ! 46-60 ! 2 3 2 I 3 3 2 2 61-30 ~ 3 4 3 I 4 4 ~ 2 3 81-100 ~ 3 4~ 2 4 4 ' 2 0 101-130 4 S 3 I S S 3 3 131-160 S 6+ 3 ! 6 6 4 4 16I-190 t 6 7 ~ 3 i 7 7 ~ 4 4 191-320 ~ 7 8 4 ~ 8 8 ~ S S ~21-250 R 9 4 y 9 ~ 5 S 351-28U 9 ]0 ~ 4 10 10 6 6 281-310 10 11 5 ~ 11 11 6 6 311-340 ~ 11 l2 S ~ 12 12 7 7 341-370 ~ 12 13 S l3 13 i 7 7 _371-400. '_ 13 14 6 14 14 ~ 8 8 Provided, that in primitive recreational camping areas only the toilet facilities shall be required in the above ratio. Privies and other 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 ++•ith 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 plainlp marked according to sex, In conjunction with bathing facilities, there shall be provided a dressing urea or dressing com- partment, the floor of which shall be impervious and well drained. Mats, grids aad walkways made of cloth or other ahsorhent material shall not be 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 Vatfic 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 contained 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 apron 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 ~. MHD 187 466 ~~ ~. natural growth, and shall be separated from any recreational camping vehicle site by a distance of at least 50 feet. Final disposa( of sewage from such dumping stations shall he by a method acceptable to the State Board of Health and 1\finnesota Pollution Control Agenc}•. (i) Barbecue Alts, Fireplaces, Stoves and Incinerators. In mobile home parks and recreational camping areas, cookinc 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 neishhoring property. Incinera- tors shall be of a type acceptable to the Minnesota Pollution Control Agency. No open fire shall be. permitted except in facilities provided. No open fire shall be left unattended. No fuel shalt be used or no material burned which emits dense smoke or objectionable odors. (j) Garbage and Refuse -Handling and Disposal. The storage, collec- tion and disposal of refuse and garbage in the mobile home parks and recre- ational cam pins areas shall be so conducted as to create no health hazards. rodent harborage, insect breeding areas, accident er fire hazards or air pollu- tion. 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 twice each week and more often where necessary to prevent nuisance conditions. Final disposal of refuse and garbage by landfill methods shall be accomp{ished in accord- once with the criteria and standards established h}• the hiinnesota Pollution Control Agency. (k) Insect and Rodent Harborage and Infestation Control, Mobile home parks and recreational camping areas shat! be maintained free of accumu- lations of debris which may providt rodent harborage or breedinG places for flies, mosquitoes and other pests. Storase 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..Arcas shall be so main- tained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious w•ceds considered detrimental to health. (1) Night Lighting, The walkways, drives and other used portions of mobile home parks shall be lighted during the hours of darkness. (m) Community Kitchen and Dinin{; Rooms. When community kitchens and dining rooms are provided, such facilities and equipment shall be main- tained in a clean and sanitary condition at all times, and shalt 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 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 campins vehicle door. The con- tainer shat} 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 Oil Supply Systems. All piping from outside fuel storage tanks or cylinders to mobile homes or recreational camping vehicles shall be per- 468 469 MHD 188 AiHD 188 Initial and Renewal License Fees, License Expiration Dates. (a) Dei-initions. The following definitions shall apply to MHD 188: (1) "Prim3itnersh>Fecotporationnorho!herthusinesssassocia~tion the first person, firm, p erate a mobile home park or to establish and maareatat anynone lo~ation. recreattonal camping ~ ~) "Renewal License" shall meat, a license issued to the person, firm, partnership, corporation or other husiness association operating a previous{}' li:ensed mobile home park or recreational camping area. (b) Fee Schedule, The application for a primary license, or a renews 3re3, 3~ thereof, to operate a mobile home park or recreational camping fees: defined in Minn. Stat. Szc. 3'_'7.14 shall be accompanied by the following tl) Primary (Initial{ License Fre: S~0.00 for each 50 sites or has beentssuedfshal heeS50 OOao1r'each SO~sites~orofract~otn~thcreof~ry license (~) Renewal Fee for Year•Rotind Establishmerts: 510.00 for each ten sites or fraction thereof with a maximum tee of 5300.00 except as provided for in'~iHD 188 (a)(4). (3) Renewal Fee Cor Seasonal Establishments: 1'he renewal fee for any mobileiiod of sixr(o)rmonths ! l~ri~l day F,or less during a~alendar year continuous P ursuant to tiiHD shall Pay seventy-five (75) percent of~ he fee as comput rov ded for in MHD lgg (a)(~) with a maximum fee of 5__5.00 exc~Ft a. p Iss (a)(4). (4) Increased Fee: For ylicatiunnandpee a ennot submitted by increased h}' 510.00 if the renewal app .January 1 S of the }'ear for which application for license is madecat onsand fee operations the fee will he increased 510.00 if the renewal app ens. are not submitted within 15 calendar days 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 (Z) Renewal License for Year-Round Estabatreas which operate Licenses for mobile home parks and recreational campin8 ear shall be on a year-round basis (in excess of six m cathon is made and shall)expire on issued for the calendar year for which app December 31 of such ye~• ;~%'+-'' licenses for a cc effectiti•~ for why 183rd year in (C annua' submit[ Decant {f apply t. 4b6 4 4b7 MHD 187 •eational camping tl of sewage from o the State Board In mobile home arbecue pits, fire- cated, conswcted d smoke nuisance property. Incinera- ~ Control Agency. led. No open fire rial burned which 1e storage, collec- = parks and recre- to health hazards, zards or air pollu- s~ater-tight, rodent my mobile home ontainers shall be each week and Final disposal <-pushed in accord- innesota Pollution al. illobile home . free of accumu- r breedinG places • so maintained as, wilding materials shall he 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 door. The con- nside any mobile r be permitted to ;ition. fuel storage tanks icles shall be per- ~~ manently installed and securely fastened in place. All fuel oil storage tanks or cylinders shall be securely lastened in place and shall not be located inside or beneath any mobile home or recreational camping vehicle or Tess 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) Fire Protection. Fire protection shall be provided in accordance with the requirements of the State Fire Marshal. (v Varlttnce. In any case where, upon applicatio^ of responsible per- sons, the State Board of Nealth 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. ?6•II1D 188-194 Reserf•ed for future use, Filed tune, 1970. X69 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 was 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 pro~~ded 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 MHD 188 shall apply to atl lice-uses which become effective on or after January 1, 1975. (Filed December 4, 1974) i • r e t e d r ~I e ,e n ~_ (! § 326.41 EMPLOYAIENTS LICENSED Bl' 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 b}• Laws 1983, c. 260, § 59, eff. July 1, 1983, 1983 Amendment. Added "of the council" following members. WATCHMAKERS 326.54 to 326.547. Repealed by Laws 1983, c. 293, ~ 115. HOTEL; of the sL• orderly r inspectio. Amended 1981 Ar generall} 327.11. ~ Everv 1 al campin and apply 32..10, sh the regist requireme until such Amended b 1981 Am generall}' a CHAPTER 327. HOTELS, PUBLIC RESORTS, MA'`t'FACTURF.D HOMES TOURIST CAMPS Sec. 327.131. )baud. HOTELS 327.70. Definitions. Sec. 3'27.71. Innkeeper liability for the personal propert}' of guests. 327.72. Overstaying guests. 327.73. Undesirable guests; ejection of, and re- fusal to admit. 3?7.74. Setting fire to hotel belongings. 327.75. Laud; 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 was amended by Laws 1982, c. 516, § 1. This amendment was repealed by Laws 1982, c. 642, § 6. See, now 4 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 327.10. Lodging 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 1 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 I motor vehicle, the make of such vehicle, registration number, and other identifying letters I or characters appearing on the official number plate carried thereon, including the name ~ 6 327,131. A perso camping a the recrea through ai baggage o. be guilt}• c Added by L 327.14. DE Subdivisi the terms c Subd. 2. section 327. Subd. 3. field or trac either free vehicle or e tured home Subd. 4. state, howe~ Subd, 5. first person, tured home Subd. 6. person, firm recreational § 327.14 HOTELS, PUBLIC RESORTS, MANUFACTURED HOMES Subd. 7. Recreational camping vehicle. "Recreational camping vehicle" when used in sections 327.14 to 3'11.28 includes 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 duelling 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) an}• folding structure, mounted on wheels and designed for travel, recreation, and vacation use. Subd. 8. Recreational camping area. "Recreational camping area" means any area, µ'hether privately or publicly owned, used on a daily, nightly, weekly, or longer basis for the accommodation of five or more tents or recreational camping vehicles free of charge or for compensation. "Recreational camping area" excludes children's camps, industrial 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 management areas or state owned public access areas which are restricted in use to picnicking and boat landing. Amended b}• Laws 1982, c. 51ti, § 2; Laws 1982, c. 526, art. 3, § 3, eff. Aug. 1, 1982; Laws 1982, c. 642, § B. 1982 Amendments. Laws 19t~2, c. 526, revised The amendment of suhd. 8 h}• Laws 1982, c. 642, lhis section. For former test see the main vol. § 8 was repealed by Labs 1983, c. 21fi, § 89. ume. The amendment of Subd. 8 b~ Laws 1982, c. . 516, was repealed by Laws 1982, c. 642, 4 6. 327.15, License for manufactured home park and recreational camping area No person, firm or corporation shall establish, maintain, conduct or operate a manufac- 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 desiring to operate either a manufactured home park or a recreational camping area on the same site in connection with the other, need only obtain one license. A license shall expire and be renewed as prescribed by the commissioner pursuant to section ld-S.122. The license shall state the number of manufactured home sites and recreational camping sites allowed according to state commissioner of health approval. No renewal license shall be issued if the number of sites specified in the application exceeds those of the original application unless the plans for expansion or the construction for expansion are ~ first approved by the department of health. Any manufactured home park or recreation- . a) camping area located in more than one municipality shall be dealt with as two separate manufactured home parks or camping areas. The license shall be conspicuously displayed • in the office of the manufactured home park or camping area. The license is not • transferable as to place. Amended by Lawa 1981, c. 365, § 9. 327.16. Application t Subdivision 1. Made to state department of health. The application for license to operate and maintain a manufactured home park or recreational camping area shall be made to the state department of health, at such office and in such manner as may be ~ prescribed by that department. Subd. 2. Contents. The applicant for a primary license or annual license shall make application in writing upon a form provided by the state department of health setting forth: J g ~:: I ,:,,, .. ~:;:: / HOTELS. (1) The the partnc the applies (2) A lel proposes t area. (3) The 1 for the pr building fi facilities, s toilet facil manufactu disposal sy (4) The F upon whicF {5) The c home park {6) Plans plumbing a Subd. 3. R-ith all pla amount pre shall be ac wherein the does not rec amount pre. license fees The fee sub proposed pr When con bons the stir or recreatio inspection a requirement and safet}• applicant, th name of the Subd. 4. license any c park or recr departments objection is i safety facilit have the apF Subd, 5. department c or make alts park or recrE and specifics Such apprc palities havin ordinances, a { ,.. BY STATE HOTELS. PLiBLIC RESORTS. MA1rUFACTUREI) HOhlF.S § 327.14 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. Lau•s 1981, c. 365, 4 9, factored home" for "mobile home" Lhroul;hout er. The council generally authorized the substitution of "manu• the statute. council shall be 327.11. Guest, registration Ever}• person, upon arriving at an}• lodging house, manufactured home park, recreation• al camping area, cabin camp, motel or other resort described in sections :3'?7.10 to 3'?7,13 and applying for guest accommodations therein of the character described in section 3'27.10, shall furnish to the operator or other attendant in charl;e of such camp or resort the registration information necessary 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 by Laws 1981, c. 365, 4 9. 1981 Amendment. Laws 1981, c. 365, 4 9, factored home" for "mobile home" throughout generally authorized the substitution of "manu• the statute. ;)7 HO\tES 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}' baggage or effects in his possession and control, but not actually belonging to him, shall lion of, and m be guilty of a misdemeanor. belongings. Added by Laws 1982, c. 642, § 7. rd. MANUFACTURED HOME PARKS AND CAMPING AREAS contain appropria- 329.14. Definitions 'fective date, See Wining the effective Subdivision 1. Terms. For the purposes of sections 327.10, 3'17.11, 327.14, to 3L7.2E 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, resort furnishing tuned home park. shall provide and Subd. 4. Municipality. "Municipality" means any city, town or Lownship in this sts provided with state, however oeganized. hereat; and every th Subd. 5. Primary license. "Primary license" means the initial license issued to the e such guest, r enter for i first person, firm or corporation to establish and maintain, conduct or operate a manufac- ster, o d home address of tared home park or recreational camping area at any one location. >,nd if traveling by Subd. 6. Annual license. "Annual license" means a renewal license issued to the identifying letters person, firm or corporation operating a previously licensed manufactured home park or ncluding the name recreational camping area. 7 ANliFACI'I;RED HU1+lES ~ •uct or make alterations ,,... and the appurtenances sme is denied by the state the reason or reasons for ~e applicant may amend his ~licant may appeal from the ection 321.18. eff. Aug. 1, 1982. . An}• license granted here- state department of health; .Il first serve or cause to be way or v.•a}•s in which such special rules or regulations 'e shall direct the licensee to condition. specified in such time as may be reasonably o comply with the terms and extended period of time, the or a hearing before the state of the department of health. i make such determination as comply with such determina- lth t.o suspend or revoke the ar provision of this section, ". and present danger to the more manufactured homes or of the central building for the arged to tealssuch o deryto the e ma}• app ro on the validity of said order. re of a manufactured home or h order, shall be a misdemean- procedure for hearings or for ~mmissioner where provided i5 :sofa Statutes 1961, Chap ~r house pets of occupants of shall be allowed to run at large, .ured borne pack or recreational •eational camprng area licensed ;27.28 shall, among other things, cified: rge of every ma ask oruarea, and 1 maintain the p' HOTELS, PUBLIC RESORTS. MANUFACTl1RF.D HOMES § 327.24 its facilities: and equipment in a clean, orderl}• and sanitary condition. In an}• manufac- tured home park containinl* more than fift}• lots, the attendant, caretaker, or other responsible park employee, shall be readily available at all times in case of emergency. ('2) All manufactured home parks shall be well drained and be located so that the drainage of the park area µ•i11 not endanger any water suppl}'. No waste water from manufactured homes or recreational camping vehicles shall be deposited on the surface of the ground. All sewage and other water carried wastes shall be discharged into a municipal sek•age s}•stem whene4•er available. When a municipal sewage system is not available, a se~~•agr disposal s}•stem 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 property, or closer than ten feet to a public street or alle}•, Each individual site shall abut or face on a driveway or clear unoccupied space of not less than 16 feet in width, which space shall have unobstructed access to a public highwa}• or alle}•. There shall tie an open space of at (east ten feet between the sides of adjacent manufactured homes including their attachments and at least three feet between manufactured homes when parked end to end. The space between manufactured homes may be used for the parking of motor vehicles and other propert}~, if the Vehicle or other propert}• is parked at least ten feet from the nearest adjacent manufactured home positron. The requirements of this paragraph shall not apply to recreational eampinl; areas and variances may be granted by the state commis- sioner of health in manufactured home parks when the variance is applied for in writing and in the opinion of the commissioner the variance will not endanger the health, safet}• and ~•elfare of manufactured home park occupants. (~) An adequate supply of water of safe, sanitary yualit}• shall be furnished at each manufactured home park or recreational camping area. The source of the water supply shall first be approved b}• the state department of health. At least one water supply outlet shall be provided at convenient locations throughout the manufactured home park or recreational camping area. (5) All plumbing shall be installed in accordance with the rules of the state commission- er of health and the provisions of the Minnesota plumbing code. (6) In the case of a manufactured home park, a plan for the sheltering or the safe evacuation to a safe place of shelter of the residents of the park in times of severe weather conditions, such as tornadoes, high winds and floods. The shelter or evacuation plan shall be developed with the assistance and approval of the municipalit}• where the park is located and shall be posted at conspicuous locations throughout the park. 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 plan submitted b}• a park shall not be grounds for action against the park by the department of health if the park has made a good faith effort to develop the plan and obtain municipal approval [See main tblurne jor fex! ojsubds. ~ and 3J Amended by Laws 1981, c. 365, 5 9; Laws 1982, c. 526, art. 3, 4 5, eff. Jan. 1, 1983. 1982 Amendment. Revised subd. •1. For for- mer text see main volume. 32?.24. Enforcement Subdivision 1. Violations. It is the duty of the state department of health to enforce the provisions of sections 327.10, 327.11, 327.14 to 327.'18 and the rules and regulations of the department applicable t,o manufactured homo parks. The department may request 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 11 ~~ fJ l § $27,16 HOTELS. PUBLIC RESORTS, MANUFAC"I'UKEI) HU;•lES Subd. 6. Denial of construction. If the application to construct or make alterations upon a manufactured home park or recreational camping area and the appurtenances thereto or a primary license to operate and maintain the same is denied by the state commissioner of health, he shall so state in writing giving the reason or reasons for denying the application. If the objections can be corrected the applicant may amend his application and resubmit it for approval, and if denied the applicant may appeal from the decision of the state commissioner of health as provided in section 3'17.18. Amended by Laws 1982, c. 365• § 9; Laws 1982, c. 526, art. 3, 4 4, eff. Aug. 1. 19R'L. 1982 Amendment. Revised subd. '?. For !or• mer text see main volume. 327.18. Licenses; revocation, suspension Subdivision 1. Procedure for revocation or suspension, Any license granted here- under shall be subject to revocation or suspension b}• the state department of health; provided, however, that the state department of health shall first serve or cause to be served upon the licensee a written notice specifying the way or ways in which such licensee has failed to comply with this statute, or any special rules or regulations promulgated by the state department of health. Said notice shall direct the licensee to remove or abate such nuisance, insanitan• or objectionable condition, specified in such notice, within five days, or within such extended period of time as may be reasonably allowed by the complaining official. If the licensee fails to comply ~~•ith the terms and conditions of said notice, within the time specified or such extended period of time, the department of health shall require the licensee to appear for a hearin~* before the state 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 he deems necessary in the matter. if the licensee fails to comply with such determina- tion, the commissioner shall direct the department of health to suspend or revoke the license. Subd. 2. Summar}• proceeding. Notwithstanding any other provision of this section, the department of health upon finding that there is a clear and present danger t,o the public health may order the immediate removal of one or more manufactured homes or recreational camping vehicles, and may also order closing of the central building for the purpose of reducing the amount of liquid waste being discharged to the sewerage system. The order shall be complied with immediately. The licensee ma}• appeal such order to the district court and shall be entitled to immediate trial de noun on the validity of said order. Failure of the licensee to comply with such order, or failure of a manufactured home or recreational camping vehicle occupant Lo vacate under such order, shall be a misdemean- or. Subd. 3. Procedure for hearing and appeal. The procedure for hearings or for appeals from the orders of the department or of the commissioner where provided in sections 327.14 to 327.29 shall be in accordance with Minnesota Statutes 1961, Chapter I5 as amended. Amended by Laws 1981, c. 365, § 9. 327.20. •Rutes • Subdivision 1. Regulations. No domestic animals or house pets of occupants of 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 camping area. Each manufactured home park or recreational camping area licensed under the provisions of sections 3.17.10, 327.11, 327.1a to 327.28 shall, among other things, provide for the following, in the manner hereinafter specified: (1) A responsible attendant or caretaker shall be in charge of every manufactured home park or recreational camping area at aU times, who shall maintain the park or area, and 10 HOTELS. PUBLIC its facilities and eq~ tured home park c responsible park en (2) All manufactr drainage of the par manufactured home the ground. Al) s municipal sewage s available, a sewage be provided. {3) \o manufactu a manufactured hon ten feet to a public or clear unoccupied unobstructed access ten feet between th and at least three fe between manufactui property, if the veh adjacent manufactu apply to recreations sinner of health in n and in the opinion o and ~i~elfare of man (9) An adequate manufactured home shall first be appm~ outlet shall be provi or recreational cam{ (5) All plumbing s er of health and the (6) In the case of evacuation to a safe weather conditions, plan shalt be develo; park is located anc Nothing in this pars shelter or evacuatioi plan submitted by ; department of healtl obtain municipal app Amended by Lsa•s 198 198'L Amendment. f mer text see main volu 327.24. Enforcemet Subdivision 1. V the provisions of sect the department apple the county attorney c tenlawful operation o', .:: l RED HOMES HOTELS, PUBLiC RESORTS, MANUFACTURED HOMES § 327.16 ~je" when used (1) The full name and address of the applicant or applicants, or names and addresses of or the names and addresses of the officers if ershi rt i l p, n s a pa icant the partners if the app be used as a the applicant is a corporation. (2) A legal description of the site, lot, field, or tract of land upon ~•hich the applicant Proposes to operate and maintain a manufactured home park or recreational camping rare as a tempo 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 sanitar~• community building for toilets, urinals, sinks, wash basins, slop•sinks, sho«•ers, drains, laundry recreation, and facilities, source of water suppl~•, se~+•age, garbage and waste disposal; except that no uired in any manufactured home park which permits only shall be re iliti il f q es ac et to manufactured homes equipped with toilet facilities discharging to water carried sewage means any area, longer basis for disposal s}•stems; 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 located b t i •amps, industrial . o e s upon which the manufactured home park or recreational camping area commissioner of (5) The calendar months of the year which the applicant will operate the manufactured ps, state wildlife ted in use to i home park or recreational camping area. c :r (6) Plans and drawings for new construction or alteration, including buildings, wells, 982; La~~s 1982, c. plumbing and se~•age disposal systems. Fees; approval. The application for the priman• license shall be submitted Subd 3 c• 6~t2, ws 198'? l . . with all plans and specifications enumerated in subdivision 1, and pa~•ment of a fee in an the state commissioner of health pursuant to section 144.122 and escribed b t , a 1983, c. 'L16, § 8a. y pr amoun shall be accompanied by an approved zoning permit from the municipality or county t from the municipality or county that it t t d emen a , or a s wherein the park is to be locate does not require an approved coning 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 ing area license fees paid t.o the commissioner of health shall be turned over t,o the state treasury. license shall be retained by the state even though the imar th d f p perate a manufac- y e pr or The fee submitte proposed project is not approved and a license is denied. t first obtaining a or corporation rm QVhen construction has been completed in accordance with approved plans and specifica- romptly cause the manufactured home par alth shall f h i i , 1 campinK area on A license shall e p e oner o ss lions the state comm or recreational camping area and appurtenances thereto to be inspected. When the d the state commissioner of health finds that all d , , to section 144.122. e an inspection and report has been ma requirements of sections 327.10, 3x.11, 327.14 to 327.28, and such conditions of health creational camping ~o renewal license and safety as the state commissioner •of hea]th may require, have been met by the f health shall forthwith issue the primary license in the i i ceeds 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 pendency 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 o If d p The license. ~s not n e. department of health through the office through which the application was ma alth to such change in such sanitary or t f h e o objection is made by the state departmen safety facilities within 60 days of the date such change is reported, it shall b~e deemed to have the approval of the state department of health, Subd. 6. Permlt. When the plans and specifications have been approved, the state the applicant to construct ittin t l ration for license to g perm repor department of health shall issue an approva ake alterations pertaining to water and sewage disposal upon a manufactured p mping area shall be or m lans k or recreations! camping area and the appurtenances thereto according to the p manner as maybe par and specifications presented. al license shall make code ~ or fromclomplying with any otherdmunicepaljordinance1or buildin a having liti :nt of health setting g a e ordinances, applicable thereto, not in conflict wtth this statute. 9 (` r ' § 327.24 HOTELS, PUBLIC RESORTS, MANUFACTURED HOMES HOTELS, upon the premises of such manufactured home parks at any time for the purposes herein is not hig set forth, or for the purpose of enforcing this statute. throughou Subd. 2. Penalty. Any person, firm or corporation who shall fail to comply, or who operates without first complying a~th 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 creati 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. Aug. 1, 1982. Amended b; 1982 Amendment Added Subd. 3. 1982 Amei 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. Ur manufactured home park only during the months from May 1 to October 1, he shall pay Where a the above mentioned annual license fee. If in the opinion of the state department of shall be un health the sanitary and facility requirements herein contained are too rigid for the than in a lit seasonal manufactured home parks, the department may in writing or b}• regulation are provide modify such requirements as circumstances may permit and require. manufactur Amended by Laws 1981, c. 365, § 9. Amended by 327.26. Local authority over parks and eamping areas Subdivision i. 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 327.28, or (2) upon any occupant of 327.33. Ads 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 comp 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 1982 Amendments Revised this section. For administratic sections 327 former text see main volume. . inspection fe program. Tl 327.27. Regulatory provisions ~ for each man Subdivision 1. Fire extin fishers. Each manufactured home owner shall rovide ~ Bu 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 i 1981, Chapter those adoptec s camping area, and may be enforced by the municipality in which the park or area sections 14.01 located. Subd. 2a. Local s limit. A munici alit ma , b ordinance, set and enforce in a P~ P Y Y Y Subd. 4. I lation of man ' is higher than ten mites per hour but which manufactured home park a speed limit whic1 rules may incl 2 f •ACTURED HOMES HOTELS, Pt'13LIC RESORTS, hiANLiFACTL'RED 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. 11 fail to comply, or who [See main volume jor repeal ojsubd..yJ 27.10 to 327.28, is guilty Subd. a. Certain practices prohibited. No animal washing, car washing, or other slop creating practices shall be carried on in any building, structure or other place not tened wdth injuryl'bavble designated for such purposes. ho 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 by Laws 1982, c. 366, § 9; Laws 1982, c. 526, art. 3, §§ 8, 9, elf. Aug. 1, 19$2. Aug. 1, 1982. 1982 Amendment. Reeised subd. 2 and added subd. 2a. See main ~•olume for former text of subd. 2. 27.28. Cnlaµ•ful 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 317cl3 asubdiTsions2ction shall not apply to >quire. Amended by Laws 1981, c. 366. § 9. MAlv'L'FACTURED HOME BUILDING CODE license .y may impose any •' camptng area complying ;2) upon any occupant of 327.33. Administration t i ~- ors or nspec Subdivision 1. Inspections. The commissioner shall, through his own through a designated recognized inspection sen•ice acting as his authorized representative enacts or has enacted laws perform sufficient inspections of manufacturing premises and manufactured homes to r is empowered and prope ty insure compliance with sections 327.31 to 327.34 and Laws 1981, Chapter 365, Section 5. home park or recreational The commissioner shall have the exclusive right to conduct inspections, except for the fact that the park or area 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 conditionally approved based on the number of states a on f t ctinguisher, kept in cons three days without a h • pp g urers am ac manu new manufactured homes whose first location after leaving the manufacturer is on the h an e t e premises of a distributor, dealer or purchaser in that state. All fees received by t missioner shall be deposited in the state treasury and credited to the general fund. o ision 2a, it shall be unlawful c m Administration and enforcement rules. The commissioner 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 ' -rea. The ten miles per hour k or recreational 1981, Chapter 365, Section 5. The rules shall, to the extent practicable, be uniform with s shall be adopted in the manner prescribed by l t All home par e ru es. those adopted by other sta t which the park or area -s BeCtiOhS 14.01 to 14,70. [nstallation rules. The commissioner shall adopt rules governing the instal- ~ Subd dinance, set and enforce in a miles per hour but which t . . lotion 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 HOTELS, PUBLIC RESORTS, MANUFACTURED HOMES HOTELS, PL'BL1C Subd. 5. Accessory structures rules. The commissioner shall adopt rules governing the construction and installation of manufactured home accessory structures including, rules relating to the certification of prefabricated manufactured home but not limited to SECTiC , accessory structures. L'pon showing that another state provides for certification of d home accesson• structures manufactured in compliance with t f I. In general Legislat;on governing ure ac prefabricated manu standards at least equal to those established by the commissioner, the commissioner ma}• sess;on of land upon a~h ;s situated changed con by rule provide that any structure bearing certification affixed under the authority of that involved in month•to-r state shall not be required to bear the certification of this state. Flamingo Terrace ~1oh Subd. 6. Authorization as agency. The commissioner shall apply to the secretor}- for as the administrative agency for the regulation of manufac- i i Scott, 1951, 31 ~ N.k'.2d Effect of legislat;on oner ss approval of the comm tured homes under the rules of the secretan•. The commissioner may make rules for the lease terms to be of of create year•to•}•ear tens administration and enforcement of his responsibilities as a state administrative agenc}• to terminate year•to-yea including, but not limited to, rules for the handling of citizen's complaints. All moneys see 60 days not;ce and received for services provided b}• the commissioner or his authorized agents as a state possessions within 15 administrative agency shall be deposited in the general fund. The commissioner is lease term. Id. charged with the adoption, administration, and enforcement of the Manufactured Home Where written notice ~ Construction and Safet}• standards, consistent with rules and regulations promulgated by ply with terms and cor the U.S. Department of Housing and Urban Development. -The commissioner may adopt ds necessary to enforce the standards promul- d t d d lease agreement was ni prescribed by legislatioi ar an s es, an the rules, regulations, co gated under this section. The commissioner is authorized to conduct hearings and covert' of possession of presentations of viev+'s consistent with regulations adopted by the U.S. Department of 327 •15 to 327 x7 R Housing and Urban Development and to adopt rules and regulations in order to carry out . . . this Function. Manufactured home p Emplo}~ees. The commissioner may appoint such employees within the Subd 7 327C.01 et seq. . . department of administration as he may deem necessary for the administration of sections 327.31 to 327.34, Law's 1981, Chapter 365, Section 5, and sections 327.51 to 32?.55. 327.51 to 327.56. Ri Amended by Laµ•s 1971. c. 409, § 3; Laws 1974, c. 273, § 5; Laws 1981, c. 365, § 3; Laws 1982, c. '~ 424, § 130. 1962 Amendment. Laws 1982, c. x24, § 130, The references appear generally throughout the MA?~L"F~ directed references to the administrative proce- statute. duce act be changed to reflect renumbering. 327.61. Citation 327.•11 to 327.43. Repealed by Laws 1982, c. 526, art. 2, 11 2E1, eff. Aug. 1, 1982 Sections 327.61 to 3~ act of 1975. Manufactured home park lot rentals, see now Amended by Laws 1981, § 327C.01 et seq. 327.62. Definitions tiotes of Decisions Under Repealed Sections SECTION 327.42 As of effective date of legislation governing on d u f l i ' Subd• 2. "Manufaci 327.31, subdivision 6 v 1. in general p an on o s recovery of possess lessor which occupied mobile home is situated, month- , or other valid encumb ' Etfect of legislation requiring mobile home to-month tenancy of parties was converted to home s occupant; prove lease terms to be of one year duration was to year-tcryear tenancy, and since no proper fermi- includes a manufactut create year-to-year tenancy with right of lessor 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 fi0 days notice and by seeking to t•ecover ossessions within 15 days at end of annual recover possession within 15 days at end of tet•minat{on was improperly rm t l l 1982 Amendment. Rey i p lease term. Flamingo Terrace Mobile Home , ease e annua allowed Id. tner text see ma n volume Park, Inc. v. Scott, 1981, 317 N.W.2d 697. 327.63. Applicability i 327.441. Repealed by L,sas 1982, e. 526. out. Z. 0 20. efL March 23, 1982 44 327 Subdivision 1. U.C. . , ! lished by sections 327.E Manufactured home park tot rentals, see now for repossession of a i state, the provisions of , $ 3'L7C,01 et seq. 14 City Council Minutes March 19, 1984 Page Four ;~ ~~ The City Administrator indicated that Mr. Zack Johnson recommended that the setbacks ~- be 10 feet from Jackson Street 5 feet from 4th Street and 5 feet from the east -. , ~;~ property. 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 "if s", 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 Hearin 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 1E746 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 ~,: ; G .;~ ,.,; ~:-~' 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. ~- =~ ---J -~,~ ~ F - Mr. Don Britts, a neighboring property owner, expressed his concern that the Gity 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 Clems, 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. Clems 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 30t 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 a two week maximum. ~ . Mr. Mart Trac Plannin y y, g 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 ..r..~,, 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 lceeping 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 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 1> h - 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 (lUy) 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 FACILT.TIES 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 MOTION. THE MOTION PASSED 4-0. 8. Lockwood Variance Request - Public Hearing 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 ametal-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 ~s :~:~ a number of years ago, that the poles were set, and that he did not know about ~;s. the City's setback requirements. Discussion was carried on between the Gity Council and Mr. Lockwood regarding the construction of the new barn and the cleanup of his property. ^`~ ' ~ To: Mayor and City Council MernorandUrn ~ ~ From: City Administrator City of ,~ Date : May 3 , 19 $ 4 ~k River Subject: Wapiti Park Campground, Inc . , Conditiona Use Permit Request 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 Campgroun d 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 Campgroun d conditional use permit, it is recommended that the City Council require 1) 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. 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.P.A. Drive, Elk River, Minnesota 55330 [612J441-2052 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, Q ~ Robert C. Middau City Administrator RCM:st i ~. ~~' ~~ ~~ To: Mayor and City Council MernQrandUm ~ ,/ From: City Administrator O C~ " City of ~ Date : May 3 , 19 8 4 F '°! ever Subject: Wapiti Park Campground set-up license Request 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 with 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, ~~` Robert C. Middaugh City Administrator RCM:st ~~- 505 U.P.A. 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 APPROVEQTHE LANGUAGE ~~~?~DM 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. ~~-s,~ k ,- ~~. ~` 'j ._.•:~ 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 Hearin 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. C;i~y Council Minutes May 7, 1984 Page Three ~, =,e ", '~, ,~, ,~ ~:_ ~.' '~.~ . ~~'~;" K~ ~:;- ~:, .. 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. Ms. 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 Cit}= 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 that 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. Robext 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. 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. White 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. ~'~~A, Mr. Rick Breezee, the City's Building and Zoning Administrator indicated that the City staff is not questioning the operation of the Wapiti Park Campground facility, ~~~ but is concerned about the permanency of recreational 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, THAT THE WHEELS MUST REMAIN ON VEHICLES PARKED IN THE CAMPGROUND AND THAT THERE BE NO PERMANENT UNITS FOR RENTAL PURPOSES, COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 8. Wapiti Park Setup License 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 E >°-. - .,~"~. 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 Hearing 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 HIDDE 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 Plrs. Bonnie Eckdahl of 18679 Boston Street, 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 j-.:~~`, use of Highway Commercial districts. Councilmember Gunkel indicated that the l `-~' Planning Commission considered Mrs. Eclcdahl's request and voted unanimously to l:.....~x 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 daycare/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 ~1~10 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 Eckdahl 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 To: 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 mos# 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 1 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 T t. N.W. ~e ,~, a ~. ~~ ~~ to ---- .I ~.~ ~~,` ~z .~~. ~~~ ~ ~~. ~~, ~~ ~~ ~~ ~~~ ~~~ ~~ ~ . ~~~~~ ~~ , ~~~ ~~~; /~ a,P dr ~ ~ 1 ~~ ~ . r ~ l t< j "`~+ _ _. _ _ '` f~~~ `r`.~' 'r ` ~-~.c ~ L ~~, ...._. .~~ \ ... .._ _ :. /~ .. A ~~/ a +i/'~ i t per` _..... .. /! ~ /j ~ - _ _... ..~2~'~ ' _.. __ ._ • ~.~~~~~ . ~...., ;~ _.... . a _ __..._. !1 ~ Q.~ ~n~.~,,,,.. ..... i jam: ~ •'~' ~~ d ~~ ,, -- -_ _ - -_ _~.~.. -- - ~`~"_ -- ~ -- _- r~r, J ~,_-~~-~ __ _- --~T ~ ~ _~_~i f ,~,' -~ _. .~ ~. e.J City Council Minutes August 2, 2010 • Ms. Johnson stated the I~TR will verify the process in order to draw do the lake. Page 3 Ms. Johnson discussed the required MOVED BY COUNCILME BER ZER AS AND SECONDED BY COUNCILMEMBER MOT O SE A FUBLIC HEARING DATE OF TUESDAY, SEPTEMBER 7, 20 F THE DRAW DOWN OF LAKE ORONO IN ORDER TO REDUCE THE Y LEAF POND WEED. MOTION CARRIED 5-0. Councilmember Moon stated he y~ould like~Ore information provided for both these projects. ~ \ 5.1. Bailey Point Ms. Johnson noted was requested to be del~ed as discussed in her staff report. 5.2. Reduest by Wapiti Park (Lorraine Whitel for Interim Use Permit. Case No. CU 10-16 - Publlc Hearin Mr. Barnhart presented the staff report noting staff and the Planning Commission's recommendation. Trivia Joy Herom, 510 Canterbury Lane, Moses Lake Washington -Stated she has been camping at Wapiti for 12 months. She read a letter to the Council stating she felt the city was trying to force the campground out of business. • Adam Kaatz, 1907 E. Wayzata Blvd. -Representing Wapiti stated he sent an email late today, which he proceeded to summarize. He noted there have been no adverse comments against Wapiti. Mr. Kaatz stated the conditions suggested in the Staff Report are unfair, pre-empted by state law or take away from Wapiti's right to a legal non-conforming use. He stated only one condition (that the approval is valid for 10 years) has anything to with the building. He stated Conditions 2-4 have nothing to do with the building and are governed by statutes and the MN. Department of Health. He stated having the business close down for two months takes away from their right as a legal non-conforming use. Mr. Ka.atz stated the condition regarding Wapiti compliance with all nine conditions of their 1984 permit is not legal with respect to issuing a conditional use permit for a legal non- conforming use. He requested the Council approve the permit for Wapiti subject only to the conditions that were outlined in the 2000 permit. He also requested the permit be valid for 30 years due to the structure of the building being to specifications of 40-50 years. Katryna Kish, 518 113 Avenue, Coon Rapids -Stated she is opposed to Condition # 5 regarding the two month closure of Wapiti. Mark Olson, 18788 Yankton Street -Stated he is opposed to the closure of Wapiti. He stated some people need to live >n trailers because it's all they can. afford and the city should help Wapiti. He stated some parks ask campers to move from one spot to another but are never asked to shut down. • City Council Minutes August 2, 2010 Page 4 Alisha Gish, 518 113 Avenue, Coon Rapids -Stated she has camped at Wapiti for 12 years. She stated her family camps at Wapiti and her kids now go to the Elk River School District. She stated she had to live at Wapiti for six months during hard times. She stated she is opposed to closing Wapiti during the winter months. Angel Hardy -Stated her driver's license has a Wapiti Park Campground address because she drives a school bus and delivers pizza's and has to have an address on her license. She stated she is opposed to closing Wapiti down. Joe Gordon, 2112 North Lake, Fort Worth, Texas -Stated he stays at Wapiti for 5-6 months at a time. He stated he has Wapiti as his address because the State of Minnesota requires him to have a license after being in the State for more than 30 days. He stated he is opposed to closing Wapiti down for any length of time. Michael Clopping, 18540 Troy Street -Stated he is opposed to closing Wapiti. He stated concerns with the maintenance of his road if Wapiti is closed down as they are currently keeping the road maintained. Sim Satavich 518 113 Avenue, Coon Rapids -Stated she has never had any safety concerns for her children at Wapiti. She stated she is opposed to shutting down Wapiti. Chris Kish, 518 113 Avenue, Coon Rapids - Stated he is opposed to closing down Wapiti during the winter months. Mayor Klinzing closed the public hearing. Attorney Beck explained the state law defined terms for recreational camping area and • recreational camping vehicles. Mr. Barnhart stated it isn't the goal of staff to shut down Wapiti. He indicated that staff, in working with the applicant, didn't come to an agreement on how to measure that people staying at Wapiti are only there on a temporary basis. He noted this has been a consistent issue and stated the two month closure is the easiest option for staff to monitor compliance. Council agreed they had no issue allowing year-round camping but there has to be other options for making sure permanent residents are not living at Wapiti because it is a recreational camping facility. Counal agreed that the outstanding violations need to be taken care of and expressed safety and welfare concerns. Attorney Beck noted there are many areas in which the city enforces state regulations. He stated the city has the authority to regulate a licensed campground in the interest of public health, safety, and welfare. Councilmember Gumphrey questioned if there were any structures that needed to be removed. Mr. Barnhart stated several structures have exposed plumbing and additions attached to campers. Mayor Klinzing stated many of the people speaking tonight are describing their residence and not a campground. She stated this is an issue because Wapiti is a campground and not a mobile home park. She noted state law saps recreational camping facilities can't be City Council Minutes Page 5 August 2, 2010 - ---------- permanent residences. She discussed the police report with the 440 calls out to Wapiti and • noted some examples such as a meth lab, numerous assaults, a campfire injury, raw sewage leaks, exploding camper, and a newborn baby staying with their parent in a tent during the winter. She expressed safety and welfare concerns due to these police calls. She stated she would like to see Wapiti come into compliance and the dry needs to ensure that there aren't permanent residents stayng at the campground. Attorney Beck stated there are other options but they may require the city getting involved more in Wapiti's business than both sides would like. He suggested Wapiti adopt rules governing length of stay and submit a plan to the city with evidence of compliance on a periodic basis. He stated Wapiti has a history of non-compliance over many years. He stated Wapiti hasn't complied with the conditions imposed for the last 20 years so another solution .should be worked out. He stated staff is willing to work with the applicant and encourages Wapiti to come forward with a plan to address the permanent residency issue. Councilmember Motion questioned if a condition should be added that requires a plan be submitted to the city demonstrating compliance with non-residency at a recreational camping facility. Attorney Beck stated the best solution would be for Council to review and approve a plan as he felt acceptance at staff level would be too much delegation. He suggested giving the applicant an opportunity to bring a plan to Council. He noted this. was suggested to the applicant at staff level. Mr. Beck further noted the city is not trying to put Wapiti out of business but have been trying to work with the applicant to ensure state law and interim use permit compliance. He expressed concerns with vehicles not complying with building codes • and noted these codes are designed to protect people from public health, safety, and welfare issues. Councilmember Gumphrey suggested adding a condition that a plan must be in place by January 1, 2011, so that the interim use permit can be approved tonight to accommodate Wapiti. Councilmember Motin further suggested a condition stating the permit shall terminate if there is not an agreeable plan in place that verifies that the property is not able to be used for year-round residential purposes. Attorney Beck suggested the Council issue the permit with an expiration date of January 1, 2011. He stated the city would have to begin a revocation process if the permit was approved for 10 years and an acceptable plan never came forward Councilmember Motin suggested the interim use permit be based on a time specific event. Then if the event didn't occur, the permit would automatically terminate. There was discussion on the conditions and how they should be organized. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE AN INTERIM USE PERMIT FOR WAPITI PARK CAMPGROUND, INC., CASE NO. CU 10-Z6 WITH THE FOLLOWING CONDITIONS: • 1. THE APPLICANT SHALL MAINTAIN ALL APPROPRIATE STATE LICENSES AT ALL TIMES. City Council Muiutes August 2, 2020 Page 6 2. 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. B. AN INSPECTION HAS VERIFIED THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED TO BE FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL; C. STAFF HAS APPROVED A MANURE MANAGEMENT PLAN, IN COMPLIANCE WITH SECTION 10-9 OF CITY CODE; D. STAFF HAS APPROVED A DEBRIS MANAGEMENT PLAN ; E. THE APPLICANT HAS PROVIDED EVIDENCE THAT IT IS IN COMPLIANCE WITH ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR; F. ALL STRUCTURES AND VEHICLES OTHER THAN RECREATIONAL CAMPING VEHICLES AS DEFINED BY MINNESOTA STATUTES . SECTION 327.14, SUBDIVISION 7 HAVE BEEN REMOVED; AND 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 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; City Council Minutes Page 7 August 2, 2010 ----------------------- ----- 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 UNI'T'S FOR RENTAL PURPOSES. MOTION CARRIED 5-0. A. Consider Liquor Licenses Ms. Allard presented the staff report and noted the licenses should also be contingent on Condition #2 of the Wapiti interim use permit discussed above. • MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE 3.2. PERCENT ON SALE AND 3.2. PERCENT OFF SALE LIQUOR LICENSES, AND A CONSUMPTION AND DISPLAY PERMIT TO WAPITI PARK CAMPGROUND, INC. WITH THE CONDITION THAT THE FOLLOWING CONDITIONS OF INTERIM USE PERMIT, CASE NO. CU 10-16, MUST BE MET BY JANUARY 1, 2011 OR THE LIQUOR LICENSES MAYBE REVOKED: A. A VERIFIABLE PLAN HAS BEEN APPROVED BY CITY COUNCIL THAT WILL ENSURE PERMANENT RESIDENTS WILL NOT LIVE AT THE RECREATIONAL CAMPING FACILITY. B. AN INSPECTION HAS VERIFIED THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED TO BE FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL. C. STAFF HA5 APPROVED A MANURE MANAGEMENT PLAN, IN COMPLIANCE WITH SECTION 10-9 OF CITY CODE; D. STAFF HAS APPROVED A DEBRIS MANAGEMENT PLAN ; E. THE APPLICANT HAS. PROVIDED EVIDENCE. THAT IT IS IN COMPLIANCE WITH ALL OUTSTANDING VIOLATIONS AS • IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR; City Council Minutes August 2, 2010 Page 8 F. ALL STRUCTURES AND VEHICLES OTHER THAN RECREATIONAL CAMPING VEHICLES AS DEFINED BY MINNESOTA STATUTES • SECTION 327.14, .SUBDIVISION 7 HAVE BEEN REMOVED; AND 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 8AMT011PM; 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 PARSED IN CAMPGROUND AND THAT THERE BE NO PERMANENT UNITS FOR RENTAL PURPOSES. MOTION CARRIED 5-0. 5.3. Ordinance Amendment Relating to Hunting and Shootin~Near Parks and Trails Mr. Benoit presented Mr. Leeseberg's staff report. • Item # 5~2. o~ MEMORANDUM :per TO: City Council FROM: Jeremy Barnhart, Planning Manager DATE: December 20, 2010 SUBJECT: CU f0-16 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. Staff s 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 10-4 OF CITY CODE; No plan has been received. N:\Public Bodies\City Council\Council RCA\Agenda Packet\ 12-20-20]0\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 year. If the units still do not have appropriate license, they are recogxuzed as mobile homes for 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 ELg 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 SEPT 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 I3:\PubGc Bodies\City Council\Council 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 19$4 CUP. It appears that, with. the exception of # 6, $, and 9, the items have been complied with. N:\Public Bodies\Ciry Council\Council RCA\Agenda Packet\]2-20-20]0\Wapiti.doc '.~ `r-`'' . `~ ..J of ~~a~~ Barnhart,lerem 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 mast, 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 wilt 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, far 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 qua 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. 1'll be at my desk, if you have any questions. Peter Beck Attorney ~„~.~ Gray Plant Mooty 500 IpS Censer SO South Eighth Street Minneapolis, MN USA 55402 Phone: 612.632.3001 Fax: 612.632.4001 Mobile: 612.991.1350 Peter.$eck@ gpmiaw.com Click Were For My Bio NOTICES: Pursuant to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, unless we expressly state otherwise in this communication, nothing contained in this communication was intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Code of 1986, and it cannot be used by any taxpayer for such purpose. No one, without our express prior written permission, may use or refer to any m:Wayza~a yaw croup, ~~~ Iv:~.lry ~.ouncll Iwempers ~1 ro~ooal~av~ Iy.aa Ib11.L11 VVIYI I-VO ry vc-va ~:~./? o j /~ s12 _~ Yti AYZ A7.n LAW S7RC7 t!P. LLC~....._.,.....__..._..._~..,..._...__.......r_.._.,__....._~~..-.._.__J.___,_..~_.._...,..~__...,._ ..1..~~~-~~-Q..GJI/L/+ ;4p7 CAST ViA`'ZATA HL~LI., Sll!lE 1'0 NiAYTAIA. M1iI:~tiEtil)l.4 i~;71 TEL' R51.4'S. 7(}2~ •fAl: '~i7 t?5 .)•i47^~ __._ LISTEN • TNINK • AUYOf:ATF GUII:IF ADAM C. KAATZ I.}1ftECT DIAL: 952.475.0910 ~-naA~t.: akaatz a~wayzatalawgraup.com December 20, 2010 Elk River City Council City Hall 13065 Orono Parkway Elk River, MN 55330 RE: Wapiti Park Campground Dear Council Members: YIA FACSIMILE 763. x35.1090 Due to today's weather, I request your indulgence and submit Wapiti Park's position in writing. In October we submitted the attached after. 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, 1# seems to us that the City should be allowed to impose conditions an the operation of the building in the process of renewing the lnterim 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, t_LC ~ ~. Adorn C. Kaatz Enclosure rft;vvayza~a ~.aw group, w~~. I v.~.l-y r,.V4EIGil IYICi11uG A ~ i r vVa+VV I v~Vj .~•~~ ~ ~~~• • ~~~~• • ti~ ~ ~ -- ~-- ~vpt'itiTA tAlN (.;riUt1Y, ~~l'. '~ ]48?^EAST WA'r ZnTA Bl V[).. S,N YE t7Q WAY2n'f4„~tiNFr5p7n 54341 lCl[ 9i'! ~ 4Ti ID15 F.4\: ~i~? . a74 . ~I.19? USTEN ~ TIiINK - r,DVOCnTE ~ c;111D[• October Z5, 2010 Peter Beck Elk River City Attorney 500 IDS Center 80 South Bth St Minneapolis, MN 5b402 ,l~ES G, Roaiu DIRECT Dpi,: 552.475.0987 e-n~A~~: jrabin c~wayzatalawgroup.cx?m Re: Wapiti Park Campgrounds. lrtc. Dear Peter, VtA U.B. 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, Oepattrrtent of Health. if we are unable to come to an agreement, it is my hope that the City and Wapiti Park wi{l submit the matter to the District Court on stipulated facts for the determination of V1lapiti 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 fallowing language in its rules goveming all campers: "Campsites may not be used as permanent residences." 2. Wapiti Park will provide verification 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, 3010; ~- Wapiti Park will not add any additional campsites; 5. Wapiti Park's hours of operation will remain at 6:OOa.rn. --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 wil! retluire that wheels remain on vehicles. parked in the campground. Because tune is of the essence, we would appreciate your response to our proposal by November 15, z01Q~ Please contact me at my office to discuss the matter further. iTt:vvayZata yaw croup, LLI. I O:WL~/ ~.UUIIGII 1Y1~14YGI A i l f VJVJV 1 Vw~ ~+..... ~ ~~~... w..... ~-.+.. ~ y ..~-..~+ Very Truly Yours, Wayzata !`aw Group, LLC .~ ~~ _.. James G. Robin JGRfack 2 City Council Minutes Page 2 December 20, 2010 4. Onen Mike No one appeared for Open Mike. 5.1. Request for Conditional Use Permit and License for Elk River Investments_ LLC/Tiller Corp. for Mineral Excavation. Case No. CU 10-21-Public Hearing Ms. Haug presented the staff report. Acting Mayor Westgaard opened the public hearing. There being no one to speak to this issue, Acting Mayor Westgaard continued the public hearing to February 22, 2011. Councilmember Motin expressed concerns with the two month wait to hear this item due to the 60 Day Rule. Ms. Haug noted that The Technical Evaluation Panel review was the reason the item would be in January and further stated that Council should notify staff of any concerns prior to the meeting. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO CONTINUE THE PUBLIC HEARING TO FEBRUARY 22, 2021. MOTION CARRIED 4-0. 5.2. Wapiti Park Campground Update Mr. Barnhart presented the staff report. He discussed the conditions that have not been met . by Wapiti as outlined in his staff report. He further reviewed two additional handouts that were received today from the Wapiti attorney and the city attorney. Mr. Barnhart suggested the following two options on how the Council could proceed: 1. Move to grant a ten year interim use permit subject only to the conditions agreed to by Wapiti Park; or 2. Direct staff to prepare a proposed resolution with findings of fact for denial of the interim use permit to be considered at the January 18, 2011 meeting if Wapiti Park doesn't meet the conditions approved by Council on August 2, 2010. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO DIRECT STAFF TO PREPARE A RESOLUTION OF DENIAL WITH FINDINGS OF FACT TO BE CONSIDERED AT THE JANUARY 18, 2011 COUNCIL MEETING. MOTION CARRIED 4-0. 6.1. Elk River Chamber of Commerce Shiver Elk River-Verbal Update Chamber President Debbi Rydberg provided an update regarding a new winter community event that they hope will continue for many years to come. The Counal noted they were looking forward to the event. 1vn1'7.hTA CA1N GKC)UF', ILC. 1907 E.AtT WAY7.nrn 61\'U., Si)UG i7U WA1'2ATA, ~.\flNNCtiCITn $$'141 Tf.L• 7r" .475 , lUt:~ t•A\: n;,7 .:176 . ddA7 U51'LN • THINK ~ AOV'OCA'I'L • CiUIDF October 25, 2Q1Q JAMES G, Rea{N DIRECT DiA4: 952,475.0987 E-MA1L; jrobinQwayzatalawgroup.com Peter Beck Elk River City Attorney 500 lDS Confer 80 South 8~h St Minneapolis, MN 55402 Ra; Wa~ai~i Par6c Campgrounds, inc. Qear Peter, VI,4 U.S. i~Altw l write to you in the hopes of taming 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 ttdinnesota, Department of Health. If we are unable to came to an agreement, it is my hope that the -City and Wapiti 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 fallowing cond'rtlons; 1. Wapiti Park would insert the fallowing language in ifs rules governing ail campers: "Campsites may not be used as permanent residences," 2, Wapiti Park will provide verification from a licensed septic system installer' that its septic system is des'sgned to be functional year round and that it is currently functioning properly; 3. Wapiti Park will submit a manure management plan by November 3Q, 3010, 4. Wapiti Park will not add any additional campsites; 5. Wapiti Park's hours of operation will remain at B:OOa.rn. -11:OOp.m,; 6. Wapiti Park will conthlue to comply with all Minnesota Department of Health rules and regulations pertaining to recreational camping sitar; and 7. Wapiti Aark will require that wheels remain on vehicles parked in the Campground. BC'C~US@ time iS Of ti'~6 essence, we would appreciate your response to r~ur proposal by November 16, 2010, Please contact me at my office to discuss the matter further, ~...,,y~.,......,...,...„r.., ~.. ,.,.`..y ..,.,.,~.,..~ .......~w..... ~...,.....,.. ~.,,..,~ Very Truly Yours, Wayzata_L,~a-w--G-r~n~up, LLC .' . ~~/ ~~.._... games G. Robin JGRlack 2 :Wayzata Law Group, LLC To:Clty Council Memusrs (17fi~ii309uyu) "I N::SO 'I L1YU/'I V V IYI I -Up Mg U~GwN \NAYZ.A7A LA\N (:iF(:)UI', LL<:. 1907 EAST Vr',41'ZA'(A IiWU., SUIT'F. 17(1 WAl'LA'fA, MI?JNCtiC)lA SS~91 TEL 9:i7.. 47S . 1(IZa fA\: 7ii), . 47Ei . -0447 LISTEN • THINK • A0\'OCATt • G'Ull:)F December 20, 2010 Ellc River City Council City Hall 13065 Orono Parkway Elk River, MN 55330 RE: Wapiti Park Carr~~c~raund Dear Council Members: ADAM C. KAATZ DIRECT DIAL: 952.475.0910 e-MAIL: akaatz@wayzatalawgroup.com VIA FACSIMIILE 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 wikh conditions that would worlc for bath 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 Sfia#e 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 i3:00a.m, - 11:OOp.m, and that Wapiti Park will continue to comply with ail 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 ifis Interim Use Pe~rnit. Please contact me at my office fio discuss the matter further. Sincerely, Wayzafia Law Group, LLC Adam C. Kaatz Enclosure