7.1.A. SR 05-16-2011REQUEST FOR ACTION
TO ITEM NUMBER
Ci Council 7.1.A.
AGENDA SECTION MEETING DATE PREPARED BY
Administration Ma 16, 2011 Tina Allard, Ci Clexk
ITEM DESCRIPTION REVIEWED B)/
Resolution Regarding Consumption and Display Permit for Lori ohnson, Ci Administrator
Wapiti Park Campground REVIEWED BY
Peter Beck, Ci Attorne
ACTION REQUESTED
Council motion to adopt resolution regarding Wapiti Park Campground, Inc.'s, Consumption and
Display Permit.
BACKGROUND/DISCUSSION
This item has been discussed numerous times over the course of the past year and at the April 18, 2011,
meeting, Council directed staff to prepare. a resolution of denial for Wapiti Park's Consumption and
Display Permit.
ATTACHMENTS
^ Resolution
Action Motion by Second by Vote
Follow Up
N:\Public Bodies\City Council\Council RCA\Licensing\Liquor\2011\051611 Wapiti C&D Denial.doc
RESOLUTION I I -
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION REGARDING THE CONSUMPTION AND DISPLAY
PERMIT FOR WAPITI PARK CAMPGROUND, INC./DBA WAPITI PARK
CAMPGROUND
WHEREAS, Lorraine White, Wapiti Park Campground, Inc., ("Applicant"), has applied
for a Consumption and Display Permit ("Permit"); and
WHEREAS, the record in this matter shall include all of the materials submitted to the
Planning Commission and City Council in connection with the
^ June, 2010 application fora 10 year Interim Use Permit;
^ April, 2010 application for a Consumption and Display Permit;
^ April 2010 application fora 3.2 Percent Malt On Sale and a 3.2 Percent Malt Off
Sale Liquor License;
^ March 2011 application for a Consumption and Display Permit;
including the staff reports and all attachments thereto, all other written materials submitted
to the Planning Commission and Ciry Council, and all staff presentations and other
testimony taken at the public meetings considering the Interim Use Permit and the
Consumption and Display Permit, all of which is incorporated and made a part of the
findings of fact and this resolution; and
WHEREAS, the Applicant and all others wishing to speak were given numerous
opportunities to present testimony to the Planning Commission and Ciry Council; and
WHEREAS, the City Council, at the conclusion of its discussion of the Applicant's
request on April 18, 2011, made findings regarding the Application.
NOW, THEREFORE, the City Council of the Ciry of Elk River makes the following
findings of fact and decision with respect to the application of Lorraine White for a
Consumption and Display Permit at Wapiti Park Campground, 18746 Troy Street.
FINDINGS OF FACT
Lorraine White was issued an Interim Use Permit (Case No. CU 00-6) on April 17,
2000, that allowed for the construction and operation of a store building housing a
laundry, bar, and offices that could be used by campers. This building is used for the
consumption and display of liquor at Wapiti Park. The Interim Use Permit was valid
for ten years or until the property redeveloped or until ownership of the property
was transferred, whichever happened first. The Interim Use Permit expired on April
17, 2010.
N:\Public Bodies\Ciry Council\Resolutions\Wapiti Con Disp Res 051611.doc
2. The applicant applied for a new Interim Use Permit for the store building, for an
additional 10 years, in June, 2011.
3. On August 2, 2010 the City Council granted a new 10 year Interim Use Permit and a
Consumption and Display Permit for the Wapiti Park Campground store building,
subject to a number of conditions. One of the conditions was that the new Interim
Use Permit and Consumption and Display Permit would terminate on January 1,
2011, unless certain conditions set forth were addressed.
4. On December 20, 20.10, the City Council extended the Interim Use Permit and the
Consumption and Display Permit fox the Wapiti Park Campground store building to
January 18, 2011, and directed city staff to prepare a resolution for City Council
consideration regarding the Interim Use Permit.
5. On January 18, 2011, the Interim Use Permit was extended to March 21, 2011 and
the Consumption and Display Permit was continued to the same date.
On March 21, 2011, the attorney for Wapiti Park, due to illness, requested an
extension of the Interim Use Permit, which the City Council granted to April 4,
2011.
7. On March 31, 2011, the Consumption and Display Permit expired. Completed
application materials for renewal of the Consumption and Display Permit were
received on March 30, 2011.
8. On April 4, 2011, the Interim Use Permit was extended to April 18, 2011.
9. On April 18, 2011, the Elk River City Council adopted City Council Resolution
Number 11-17, finding that the Applicant had not complied with the conditions set
forth in the City Council's August 2, 2010 approval of the new Interim Use Permit
for the store building, and that the Interim Use Permit for the Wapiti Park
Campground store building therefore expired on April 18, 2011.
10. Without a valid Interim Use Permit, the store building is an illegal use.
11. The Elk River City Code requires that liquor licenses be granted only for premises
which comply with all other provisions of the City Code. Therefore, a liquor license
cannot be issued for a building that is an illegal use.
12. In the course of the City Council's consideration of the new Interim Use Permit for
the store building, the City Council received considerable testimony and evidence
regarding the operation and use of Wapiti Park Campground. Based on the record
generated in those proceedings, the City Council makes the following findings of fact
related to the appropriateness of approving a Consumption and Display Permit fox
Wapiti Park Campground:
N:\Public Bodies\Ciry Council\Resolutions\Wapiti Con Disp Res 051Gll.doc
a. Wapiti Park Campground has not complied with several conditions of the 1984
Conditional Use Permit for the campground addressing compliance with
Minnesota Statutes Chapter 327;
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 campers/residents are not at Wapiti Park solely for travel,
recreational, and vacation purposes;
d. A number of vehicles located at Wapiti Park Campground are unlicensed and
taxed by Sherburne County as mobile homes;
e. There axe a number of environmental and health concerns regarding the
operation of Wapiti Park Campground, including compliance of the septic
system with state standards. These issues are of particular concern because of the
immediate proximity of the Elk River and the possibility of sewage flowing. to
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,
some related to the intoxication of residents and/or guests at the campground.
13. Taking into consideration all of the testimony and evidence received, the City
Council finds that it would not be in the public interest to approve the applicant's
Consumption and Display Permit.
DECISION
Therefore, the Ciry Council of the Ciry of Elk River does not approve the Application for a
Consumption and Display Permit, for Lorraine White, Wapiti Park Campground, Inc. 18746
Troy Street, based on the findings of fact set forth above.
Passed and adopted this 16`" day of May 2011.
John J. Dietz, Mayor
ATTEST:
Tina Allard, Ciry Clerk
N:\Public Bodies\Ciry Council\Resolutions\Wapiti Con Disp Res 051611.doc