6.4 SR 03-21-2011i
Elk REQUEST FOR ACTION
...._.
River
TO ITEM NUMBER
Ci Council 6.4.
AGENDA SECTION MEETING DATE PREPARED BY
Communi Develo ment March 21, 2011 Tina Allard, Ci Clerk
ITEM DESCRIPTION REVIEWED By
Direction on Whether to Initiate Revocation of Liquor Licenses Lori ohnson, Ci Administrator
for Wapiti Park Campground, Inc. REVIEWED BY
Peter Beck, Ci Attorne
ACTION REQUESTED
Council direction on whether staff should move forward with the revocation process of the liquor
licenses for Wapiti Park Campground, Inc.
BACKGROUND/DISCUSSION
On August 2, 2010, the City Council approved liquor licenses to Wapiti Park Campground, Inc.
contingent upon them complying with the conditions of Interim Use Permit, Case No. CU 10-16. The
conditions were required to be met by January 1, 2011 or the liquor licenses may be revoked. On January
18, 2011, the Council extended the Interim Use Permit to March 21, 2011, on condition that the
conditions approved on August 2, 2010, be complied with.
The table below notes the type of licenses Wapiti holds along with the expiration dates for each of them.
License Type Expiration
3.2 Percent Malt On Sale une 30, 2011
3.2. Percent Malt Off Sale June 30, 2011
Wapiti's Consumption and Display permit expires March 31, 2011. This permit is issued by the State and
needs city approval before the State will issue the permit. Wapiti receives a renewal application from the
State and the city signs off on the application once approved by the Council. Wapiti has not asked the city
for renewal of this permit.
The Council approved the licenses contingent upon the following conditions of the interim use permit
being met.
A. A verifiable plan has been approved by Ciry 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 Ciry
Code.
D. Staff has approved a debris management plan.
N:\Public Bodies\City Council\Council RCA\I,icensing\I,iquor\2011\Wapiti Direct from CC.doc
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.
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 $ 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.
Council should provide staff with direction regarding whether to move forward with revoking the liquor
licenses if the Council adopts the proposed resolution regarding the interim use permit for the Wapiti
Park Campground store building (discussed under the previous agenda item).
If revocation proceedings are implemented, staff will need to follow through with due process notice
requirements and prepare a resolution for revocation of the licenses.
An alternative course of action would be to advise Wapiti Park Campground that the licenses may not be
renewed if the conditions have not been complied with and/or the store building has not become a
lawful use by the time of renewal.
Action Motion by Second by Vote
FOllow Up
N:\Public Bodies\City Council\Council RCA\Licensing\Liquor\2011\Wapiti Direct from CC.doc