5.1.A. B. C. SR 04-04-2011REQUEST FOR ACTION
TO ITEM NUMBER
Ci Council 5.1.A.
AGENDA SECTION MEETING DATE PREPARED BY
Administration Aril 4, 2011 erem Barnhart, Plannin Mana er
ITEM DESCRIPTION REVIEWED By
Request by Wapiti Park (Lorraine White) for an Interim Use Peter Beck, Ci Attorne
Permit for the Building at Wapiti Park Campground, Public REVIEWED BY
Hearing -Case NO. CU 10-16
ACTION REQUESTED
Staff seeks direction on the proposal received from Wapiti Park.
BACKGROUND/DISCUSSION
On March 21, 2011, the Council extended the Interim Use Permit (IUP) for Wapiti Park to Apri14 to
accommodate Wapiti Park's attorney, who was sick that night, and to give staff an opportunity to work
with Wapiti Park to see if the issues could be resolved.
The city attorney met with the attorneys for Wapiti on March 25, and substantial progress was made.
Wapiti Park agreed to comply with many of staffs earlier recommendations; including having the septic
system inspected, submitting the manure and debris plans, and addressing the issue of permanent
residency at the campground. Since then, staff has been advised that an inspector has been engaged and
Wapiti has submitted first drafts of manure and debris plans. At this time, however, an inspection report
has not been received and the manure and debris plans have not been completed such that staff can
recommend accepting them. Therefore, staff does not believe that the matter is ready for action by the
Council to approve the IUP.
In addition, staff has a number of concerns with Wapiti Park's proposed approach to addressing the
issues of permanent residency and compliance with the Park's existing CUP and the state
statute regarding campgrounds.
Wapiti's attorneys submitted a proposal they believe addresses the concerns raised by staff and the City
Council. A full copy of their proposal is attached in a letter dated March 30, 2011.
In brief their proposal:
Campers may not use Wapiti Park for more than 360 consecutive days. Campers who have
stayed at the campground for 330 consecutive days will receive notice from Wapiti of the
camper's obligation to vacate the campground before the expiration of 360 consecutive days
of stay.
2. Wapiti will continue to maintain a "Guest Book" that documents the date of each camper's
check in.
N:\Public Bodies\City Council\Council RCA\Agenda Packet\04042011\Wapiti IUP.docx
3. All camping vehicles must comply with the definition of "recreational camping vehicles"
provided in Minnesota Statutes, section 327.14.
4. One storage shed no larger than 80 square feet may be maintained on each campsite.
5. Vestibules no larger than 80 square feet shall be permitted.
Staff has some concerns about the proposal and seeks City Council input. Of the numbered points, staff
comments follow:
1. If the applicant supports campers vacating a site after 360 days, staff does not object,
provided that camping vehicles also not stay on a site for more than 360 consecutive days.
This is important for enforcement, and to ensure that camping vehicles are mobile.
2. It does not suggest that this guestbook is open for review so that the City can confirm
compliance.
3. Staff agrees that all vehicles must comply with the definition of "recreational camping
vehicles". The question to be resolved is "what is considered non-compliant?" Many of the
current vehicles at Wapiti have some combination of insulation attached, rigid pipe, wheels
removed, rigid skirting. These improvements are not portable or consistent with
recreational campgrounds. Staff looks for direction from the Council on how to consider
these improvements. Pictures taken on March 31, 2011 are attached.
4. Staff has a concern with allowing sheds on a campground as this appears to be inconsistent
with a recreational campground.
5. Staff has a concern with the construction of vestibules or any other addition onto a
recreational camping vehicle. This seems to be a clear deviation from units designed to be
used as a temporary dwelling for travel, recreational, and vacation use. Many camping
vehicles do have attached portable or retractable awnings and screens which are
appropriate and not a concern.
STAFF RECOMMENDATION
Based on a review of the issues, the State Statute, Wapiti Park's existing CUP, and past history,
staff has developed alternative recommendations. Where Wapiti Park's suggested conditions are
modified, these changes are highlighted in bold:
Campers may not use Wapiti Park for more than 360 consecutive days. Campers who have
stayed at the campground for 330 consecutive days will receive notice from Wapiti of the
camper's obligation to vacate the campground before the expiration of 360 consecutive days
of stay. Campers that vacate the campground must also remove their camping vehicle
from their camp site.
2. Wapiti will continue to maintain a "Guest Book" that documents the date of each camper's
check in. The Guest book will be open for review upon request during normal
business hours by the City.
N:\Public Bodies\City Council\Council RCA\Agenda Packet\04042011\Wapiti IUP.docx
3. All camping vehicles must comply with the definition of "recreational camping vehicles"
provided in Minnesota Statutes, section 327.14. Recreational camping vehicles must be
currently licensed, operable, have all wheels attached, and may not include
permanent or structure skirting or exposed insulation.
4. No storage shed may be located on any campsite.
5. No structures may be attached to any camping vehicle, including, without limitation,
vestibules, porches, decks, room additions, closets. This does not prohibit non-
structural awnings, screen enclosures and similar attachments designed to be
attached a camping vehicle.
Staffls recommendations are intended for discussion points for the Council. Staff seeks input as to
whether the conditions address the Council's concerns regarding compliance of Wapiti Park's Conditional
Use Permit and State Statute.
Staff believes, with Council input on these issues, staff can continue to work with Wapiti Park to finalize
the manure and debris plans and bring a resolution to the Council for consideration as early as the April
18 Council meeting.
FINANCIAL IMPACT
None
ATTACHMENTS
^ Letter from Wayzata Law Group
^ Pictures showing examples and existing conditions taken March 31, 2011
Action Motion by Second by Vote
Follow Up
N:\Public Bodies\City Council\Council RCA\Agenda Packet\04042011\Wapiti IUP.docx
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ltilarch ~t}, ZUl l V1A tT.s. !Y(A1L
1~1ayc~r Dietz an~.l C~iiy Council hlen~bers
City t loll
I~~OG~ C)rono Parkway.
ilk River, MN S533Q
Ise: Wai~iti Park C~rnp~rautids,_Iuc.
'1`a: Mayor Uictz cX: C'ouneilpersons csf Elk Rivers
I ~~rte otj belialf`caf 14'apiti Fark CCatn~l;round< Inc.:, Juanita Glenn aaad T,orainz ~Uhite with a
propcasal to resah~e issues in dispute with respect to the applicati«n for rerzel~~al of the 1C.1P fi>r the
camp store.
My clients have submitted a Manure Management Flat1 acid I3ebrs Ntana~cnaent Plan to cite.
staff. Vve believe- that eachofthe plans will be approved by citX staff a$ accelxtable.
Wapiti has retained the:: services of S-F Testing,. Inc., a licensed ISfi~ on-site sewage treatment'.
do igner„ tea test and verify that the on-site septic s}'ster~a_ is fully fiznctional and is desi~raed to be
fut~ctianal }rear rocnd,
Wapiti has completed t}ic tile; repair which was else subject of the only cautstaridin~ i~liniaesura
health Department violation. Kent Johnson, the 1~}~ -I inslaector, has infurr~ned me that he till
verify the repair during his annual inspection in August. (See attached }ester from l~~lr. Johr~sonj.
Wapiti certifies that it is in cam}aliance yvth all relevatlt canditious o.f The 19f}4 Gutiditiona} Use
Permit and welcomes inspe~tican and verifications of stone. by city staff c}r ccauncil menibcrs.
l f the City would renew the I`UP for the building and its use #or a period eYtetadi,ng as lcmg as the
campgraur~d }aas status as either a legal, cunditionai rise or legal, noncc~nl:urmir~g use, ~'~~apiti twill
amend its rules 4~overning all campers to include the fallowing pr<rvi4icaris:
1. Campers nay oat use Wapiti Park'. #tar mare than 36Q consecutive dsrys. Campers who
have.stayed at the can~pgraund fir 33U consecutive cia~'s will.. receive .notice fr4am
Wapiti of the cainpcr's obligation tea vt}Date the c~ampgraund lacfare the expiraticrri af'
3fi0 cartsecutive days of stay;.
2. Wapiti will continue to maintain a "Guest F3ocak" that dot~un~rerits the date of each
camper's check: in;
3'. Al.l caix-pn~ vehicles must comply ~~~th tite definition of " recreatic~iaal can~pirr
vehiefes" provided in Minnesota Statutes, Section 327.14;;
4. ()ne storaDe shed no lax~er that ~0 square feet may lre maintained on each campsite;
.anti..
5. Vestibules no larger than 80 square feet shall be permitted.
We believe this proposal adegttately' addresses the City"s concerns while allo~~~in,~ V~'apiti the
autonomy to continue to operate its campground as-it sQ desires..
We would hope that this of~'er could be favorably:dealt with at the flpril4 Council Meeting.
Vary "truly Yours,
Wayzata 1~,aw Group, Li.C:
Is1 Jicmee t;, Mahan
James C`r. Robin
JGRlack
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Rigid sewer pipe
Room-porch addition
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Insulation example
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No wheels
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/Lid
Shed
Two additions
Examples of acceptable awning and screen
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REQUEST FOR ACTION
TO ITEM NUMBER
Ci Council 5.1.B. / 5.1.C.
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 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.
N:\Public Bodies\Ciry Council\Council RCA\Licensing\Liquor\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 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.
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:\Axblic Bodies\City Council\Council RCA\Licensing\Liquor\2011\Wapiti Direct from CC.doc
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City of
Elk.
River
REQUEST FOR ACTION
TO ITEM NUMBER
Ci Council 5.1.B. / 5.1.C.
AGENDA SECTION MEETING DATE PREPARED BY
Administration A ri14, 2011 Tina Allard, Ci Clerk
ITEM DESCRIPTION REVIEWED By
Consider Wapiti Park Campground Liquor Licenses Lori ohnson, Ci Administrator
REVIEWED BY
ACTION REQUESTED
1. Council direction regarding the Consumption and Display Permit to Wapiti Park Campground.
2. Council direction on how to proceed with Wapiti's two liquor licenses that are set to expire June
30, 2011.
BACKGROUND/DISCUSSION
Wapiti Park Campground has submitted all application materials and fees for their Consumption and
Display Permit request. This is the permit that expired March 31, 2011.
Background information for this item is attached.
ATTACHMENTS
^ Staff report from March 21, 2011 Council meeting
Action Motion by Second by Vote
Follow Up
N:\Public Bodies\City Council\Council RCA\Licensing\Liquor\2011\Wapititi llirect from CC 040411.doc