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6.2. SR 06-20-2011J/ ...r. Elk River REQUEST FOR ACTION TO ITEM NUMBER Ci Council ~•~ AGENDA SECTION MEETING DATE PREPARED BY Communi Develo ment une 20, 2011 erem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED By Wapiti Park Campground, Inc. Peter Beck, Ci Attorne Public Hearing on revocation of Conditional Use Permit REVIEWED BY ACTION REQUESTED Open public hearing At the April 18, 2011 City Council meeting, the City Council directed staff to begin revocation proceedings for the Wapiti Park Campground conditional use permit. The owner and the operator of Wapiti Park Campground have been notified of the hearing. The next steps in the process are for the Council to hold a public hearing to receive testimony and evidence, to establish findings, and to determine whether the conditional use permit for Wapiti Park Campground shall be revoked for failure to comply with the conditions set forth in the approval of the conditional use permit. If the Council determines not to revoke the conditional use permit No further action would be required. If the Council determines to revoke the conditional use permit for Wapiti Park Campground Staff recommends that Council direct staff to prepare a resolution with proposed findings of fact regarding revocation of the conditional use permit fox City Council consideration at its meeting on June 27, 2011 or such future date as the Council directs. Council should provide input to staff regarding the findings of fact that should be included in the resolution. BACKGROUND/DISCUSSION Section 30-659 of the City Code governs the process for revocation of a conditional use permit. A copy of Section 30-659 is attached for reference. A chronological history of Planning Commission and City Council meetings and actions regarding Wapiti Park Campground is attached, as are the staff reports and minutes of all meetings. In summary: A conditional use permit was approved for Wapiti Park Campground in May 1984, subject to seven conditions. The conditions included a condition that wheels remain on vehicles parked in the campground and a condition that the provisions of Minnesota Statutes, Section 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. In addition, the City Code in 1984 set forth as a required finding for approval of a conditional use permit that the use will not endanger, injure, or detrimentally affect the public health, safety, morals, comfort, N:\Public Bodies\City Council\Council RCA\Agenda Packet\OG-20-2011\CU Wapid.docx convenience, or general welfare of the neighborhood or the City. That requirement for approval of a conditional use permit remains in the City Code today. In 1998, the conditional use permit was clarified, with the agreement of the owner of Wapiti Park Campground, and the following rules were agreed on: ^ storage sheds with 120 square feet of roof area or less will be allowed; ^ breezeways or screened porches with a maximum of 120 square feet of roof area will be allowed, provided they are constructed to be portable and are not connected to the recreational vehicle; ^ no wood burning appliances will be allowed within vehicles, breezeways, or porches; ^ an emergency plan to remove all structures and vehicles from the floodway upon six hours notice would be submitted for approval; ^ all structures that do not conform to these (1998) rules or that are dangerous would be removed; ^ a minimum 10 foot distance would be maintained between vehicles and/or structures; and ^ no licensed or inoperable vehicles would be allowed. Staff investigations in recent months indicate that there are several storage sheds which exceed the 120 square foot maximum and/or are within 10 feet of a recreational vehicle; that there are a number of screened porches and other additions to recreational vehicles which exceed the 120 square foot in roof area maximum and/or are connected to a recreational vehicle; that there are several unlicensed vehicles and/or vehicles without wheels within the campground; and that there has never been an emergency plan for removal of the structures and vehicles submitted for approval. The most important issue in determining whether Wapiti Park Campground has failed to comply with the conditions set forth in the approval of its conditional use permit is whether the provisions of Minnesota Statutes, Section 327.10 through 327.28, pertaining to recreational camping areas and recreational camping vehicles, have been complied with. Minnesota Statutes Section 327.14, subd. 8, provides that "recreational camping area" means any area, whether privately or publicly owned, used on a daily, nightly, weekly, or longer basis for accommodation of five or more tents or recreational camping vehicles free of charge or for compensation. Minnesota Statutes Section 327.14, subd. 7, provides that "recreational camping vehicle", when used in Sections 327.14 to 327.28, 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 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 N:\Public Bodies\Ciry Council\Council RCA\Agenda Packet\06-20-2011\CU Wapiti.docx d. any folding structure, mounted on wheels and designed for travel, recreation, and vacation use. The key language in the Statute is that "recreational camping areas" are areas used exclusivelX for tents and recreational camping vehicles; and that "recreational camping vehicles" are vehicles designed to be used as a "temporary dwellixlg" for "travel, recreational, and vacation uses." Attached to the staff report and incorporated into the record of proceedings on the potential revocation of the conditional use permit for Wapiti Park Campground are the staff reports and minutes of Planning Commission and City Council meetings over the past year regarding Wapiti Park. Also attached are reports from City planning staff, environmental staff, building inspection staff, and the police department. Included in this record is the following evidence regarding whether use of the vehicles and structures at Wapiti Park is for "travel, recreation, and vacation uses": ^ Several current residents have indicated in their testimony to the Planning Commission and City Council, and to police officers taking reports that they make their permanent residence at Wapiti Park Campground; ^ Sherburne County has confirmed that at least four vehicles at Wapiti Park Campground are not licensed for travel on public roads; ^ The Sherburne County Probation has reported that in the past five years 23 probationers have identified Wapiti Park as their permanent residence; ^ At least two of the vehicles at Wapiti Park have permanent additions attached to the vehicles (including one vehicle with two additions), indicating that they are not intended for travel, recreation, and vacation. These structures are also in apparent violation of the State Building Code; ^ Several vehicles apparently have wheels removed, which violates a specific condition of the conditional use permit and indicates that the vehicle is not intended for travel, recreation, or vacation use. Other vehicles have permanent skirting which makes it impossible to determine if the wheels are removed, and also indicates that the vehicle is not intended for travel, recreation, or vacation uses. With respect to the protection of the public health, safety, morals, comfort, convenience, and general welfare of the neighborhood and the City, the record indicates a number of issues, including: The safety of both the freestanding and attached structures at the campground. City records do not show and building permit having been pulled for these structures, nor any inspections having been done. These structures are a safety concern both from a structural integrity standpoint and as a fire hazard. The integrity of the septic system serving the campground. The owners of the campground have refused to have the septic system inspected by a licensed inspector to confirm that it is functioning and in compliance with state standards. This is of particular concern because of N:\Public Bodies\Ciry Council\Council RCA\Agenda Packet\06-20-2011\CU Wapid.docx the proximity of the septic system to the Elk river an the possibility of sewage flowing into the river. ^ The large number of police calls to the campground. The Police Chief reports that the level of calls for service and the types of calls for service to Wapiti Park are comparable to some apartments complexes in the city. This is an additional indication that the campground is serving permanent residents, not recreational campers there for travel, recreation, or vacation uses. ATTACHMENTS City Code Section 30-659 Chronological history and corresponding reports, minutes, resolutions Report from Police Chief dated June 20, 2011 Action Motion by Second by Vote Follow Up N:\Public Bodies\Ciry Council\Council RCA\Agenda Packet\06-20-2011\CU Wapiti.docx f s is Sec. 30-659. Revocation. z (a) In addition to the remedies otherwise pro- vided for in this ordinance, failure to comply with the conditions set forth in the approval of a conditional use permit may result in revocation of the permit by the city. (b} The revocation process shall be as follows: (1) If the city administrator or the city coun- cil determines that cause e~sts to find noncompliance with the terms of a condi- tianal use permit, the city council may direct that a hearing be scheduled before the city council to receive testimony and evidence, to establish findings, and to determine whether the conditional use permit shall be revoked. (2) The owner of the property on which the conditional use is located, and, if known to the city, the owner or operator of the conditional use, shall be notified of the hearing by personal delivery or certified mail, no Iess than ten days before the hearing. The aotice of hearing shall in- clude asummary of the alleged noncom- pliance of the conditional use permit. {3) At the hearing, the city council shall re- ceive testimony and evidence from the public and the city staff regarding the .0:85 § 30-659 ELK RNE compliance or noncompliance of the use with the conditional use permit. The prop- erty owner and the owner or operator of the conditional use shall have an oppor- tunity to testify and present evidence. (4) At the conclusion of the public hearing the city council may continue the revocation to a future date or make its findings and determination. (5) If the city council determines that the conditions of the conditional use permit have not been met, it may order revoca- tion of the conditional use permit effective on such date as it shall determine. (6) Revocation of a conditional use permit shall not be ordered unless the city coun- cil has made findings in writing or on the record of the council proceedings that there have been one or more violations of one or more conditions of the conditional use permit. (7} Revocation of a conditional use permit shall be a final action of the city council, appealable only to district court, as pro- vided by law. (Ord. No. 00-05, § 1(900.42(8)), 3-20-2000) REQUEST FOR ACTION TO ITEM NUMBER Ci Council 6.2.B AGENDA SECTION MEETING DATE PREPARED BY Communi Develo ment une 20, 2011 Peter Beck, Ci Attorne ITEM DESCRIPTION REVIEWED B~/ Renewal of Wapiti Park Campground, Inc. 3.2 Percent On-Sale and 3.2 Percent Off-Sale Liquor Licenses, Public Hearing REVIEWED BY ACTION REQUESTED Open public hearing The Council is asked to open the public hearing to receive testimony and evidence from the applicant and any other persons regarding whether the 3.2 Percent On-Sale and 3.2 Percent Off-Sale liquor licenses should be renewed. If the Council decides to renew A motion would be needed approving the licenses to June 30, 2012. If the Council decides not to renew Attached is a draft resolution with proposed findings of fact regarding renewal of the liquor licenses for Council consideration. Council could supplement and/or adopt this resolution, or provide input to staff regarding findings that should be included in a resolution for consideration at a future Council meeting. BACKGROUND/DISCUSSION Wapiti Park Campground, Inc. has requested renewal of a 3.2 Percent Malt On-Sale and 3.2 Percent Malt Off-Sale liquor license. The city hasn't received the $225 fee for the 3.2 Percent Malt On-sale license. A letter was sent to Ms. White on May 17, 2011 noting that the application was incomplete because the fee has not been submitted. Pursuant to Chapter G of the Elk River City Code regulating Alcoholic Beverages, 3.2 Percent On-Sale and 3.2 Percent Off-Sale liquor licenses expire on June 30`'' of each year. Section 6-64 of the Elk River City Code provides that the Council may, in its sole discretion and for any cause, refuse to grant any application for a license under Chapter 6. Although the issue before the City Council is renewal of the liquor licenses, not suspension or revocation, Section 6-71 of the Elk River City Code provides that the City Council may suspend or revoke any license for the sale of 3.2 Percent liquor upon finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to the conduct of the licensee's business. N:\Public Bodies\Ciry Council\Council RCA\Licensing\Liquor\2011\062011 Wapip Combined with PC Report.doc Wapiti's liquor licenses have been to the Council numerous times over the past year. A chronological history is attached. Wapiti's current licenses will expire at midnight on June 30, 2011. Tonight the Council is considering whether to renew the liquor licenses. The license applications are to serve and sell alcoholic beverages at the campground store building. The campground store building is currently an illegal use. The Council should consider this in determining whether the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to the conduct of the licensee's business. A copy of the Ciry Council resolution denying renewal of the interim use permit for the store building is attached. The Council should also consider its resolution denying renewal of the consumption and display permit for the store building, which is also attached. Wapiti Park Campground, Inc. operates the Wapiti Park Campground, which operates pursuant to a conditional use permit issued in 1984 and clarified in 1998. If the City Council determines that Wapiti Park Campground is not being operated in compliance with its conditional use permit, then the City Council should decide whether the licensee has failed to comply with applicable statues, regulations, and ordinances relating to the conduct of the licensee's business The Council should also consider whether renewal of the liquor licenses is consistent with the public health, safety, and welfare. Attached is a report from the Police Chief indicating a larger number of police calls to Wapiti Park over the past 5 years, many of which involve alcohol and intoxicated persons. Incidents include several domestic assaults by intoxicated persons, including a recent assault of the campground manager, domestic disturbances between intoxicated persons, several fights between intoxicated persons, a severe injury to an intoxicated person who fell into a campfire, and driving while intoxicated incidents. These incidents, many of them liquor related, affect the public health, safety, and welfare of the residents at Wapiti Park as well as the surrounding neighborhood and the city. ATTACHMENTS Draft resolution Chronological History and Corresponding Reports, Minutes, and Resolutions Report from the Police Chief Action Motion by Second by Vote Follow Up N:\Public Bodies\City Council\Council RCA\Licensing\Liquor\2011\062011 Wapiti Combined with PC Report.doc RESOLUTION I I - A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION REGARDING RENEWAL OF THE 3.2 PERCENT ON-SALE AND 3.2 PERCENT OFF-SALE LIQUOR LICENSES FOR WAPITI PARK CAMPGROUND, INC.lDBA WAPITI PARK CAMPGROUND WHEREAS, Lorraine White, Wapiti Park Campground, Inc., ("Applicant"), has applied ("Application") for 3.2 Percent On-Sale and 3.2 Percent Off-Sale Liquor licenses ("Licenses"); and WHEREAS, the record in this matter shall include all of the materials submitted to the Planning Commission and Ciry Council in connection with the ^ June 2010 application fox a 10 year Interim Use Permit; ^ Apri12010 application for a Consumption and Display Permit; ^ April 2010 application fora 3.2 Percent On Sale and a 3.2 Percent Off Sale Liquor License; ^ March 2011 application for a Consumption and Display Permit; ^ Apri12011 application for renewal of a 3.2 Percent On-Sale and 3.2 Percent Off Sale Liquor License; 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 Interim Use Permit, the Consumption and Display Permit, and the Licenses, all of which is incorporated and made a part of the findings of fact and this resolution; and WHEREAS, the City Council held a public hearing on June 20, 2011 to receive testimony and evidence from the Applicant and any other persons regarding whether the Licenses should be renewed; 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 Ciry Council, at the conclusion of its June 20, 2011 public hearing on the Applicant's Application, 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 3.2 Percent On-Sale and 3.2 Percent Off-Sale Liquor licenses at Wapiti Park Campground, 18746 Troy Street. N:\Public Bodies\Ciry Council\Resolutions\Wapi[i 062011.doc FINDINGS OF FACT 1. 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 sale of 3.2 Percent On-Sale and 3.2 Percent Off-Sale 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. 2. The applicant applied for a new Interim Use Permit for the store building, for an additional 10 years, in June 2010. On August 2, 2010 the Ciry Council granted a new 10 year Interim Use Pern~lit for the Wapiti Park Campground store building, subject to a number of conditions. One of the conditions was that the new Interim Use Permit would terminate on January 1, 2011, unless certain conditions set forth were addressed. 4. On December 20, 2010, the City Council extended the Interim Use Permit 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 Interim Use Permit. 5. On January 18, 2011, the Interim Use Permit was extended to March 21, 2011. 6. On March 21, 2011, the attorney for Wapiti Park, due to illness, requested an extension of the Interim Use Permit, which the Ciry Council granted to April 4, 2011. 7. On Apri14, 2011, the Interim Use Permit was extended to April 18, 2011. 8. 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. 9. Without a valid Interim Use Permit, the store building is an illegal use. 10. The Elk River City Code provides that the City Council may, in its sole discretion, and for any reasonable cause, refuse to grant any application for a liquor license; 11. The Elk River City Code also provides that the City Council may suspend or revoke any license for the sale of 3.2 Percent liquor upon finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to the conduct of the licensee's business. N:\Public Bodies\City Council\Resolutions\Wapiti 062011.doc 12. In the course of the Ciry 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. The Ciry Council received additional testimony and evidence in connection with its consideration of the current Application for the Licenses. Based on the record generated in these proceedings, the Ciry Council makes the following findings of fact related to the appropriateness of renewing the Licenses for Wapiti Park Campground: a. The City Council fords that the Applicant has failed to submit the required application fee fora 3.2 Percent On-Sale liquor license. b. The Application is to sell liquor at the store building at Wapiti Park Campground. The store building is currently an illegal use. Because the Applicant is selling liquor from a building which is an illegal use, the City Council finds that the Applicant has failed to comply with city ordinances applicable to the conduct of its business. c. The Application is to sell liquor in connection with the operation of Wapiti Park Campground. The record before the City Council shows that Wapiti Park Campground has failed to comply with several conditions for approval of its conditional use permit, including a condition that the provisions of Minnesota Statutes, Section 327.10 through 327.28, pertaining to recreational camping areas and recreation camping vehicles, be complied with. The Ciry Council finds that the failure to operate the campground in compliance with the terms of its conditional use permit and the requirements of state law is a failure of the Applicant to comply with statutes and ordinances applicable to the conduct of its business. 13. Independent of whether Wapiti Park and/or the store building at Wapiti Park are being operated in compliance with applicable statutes and ordinances, the City Council finds that renewal of the liquor Licenses is not appropriate, and is not consistent with the public health, safety, and general welfare, because of public safety concerns at the campground. The City Council has received a report from the Police Chief indicating a large number of police calls to the campground, many of which involve alcohol and intoxicated persons. Incidents include several domestic assaults by intoxicated persons, including a recent assault on the campground manager, domestic disturbances between intoxicated persons, several fights between intoxicated persons, a severe injury to an intoxicated person who fell into a fire, and driving while intoxicated incidents. 14. Taking into consideration all of the testimony and evidence received, the Ciry Council finds that the Applicant has not established that it has met the requirements for approval of a liquor license, and that it would not be in the public interest to approve the Application for the Licenses. N:\Public Bodies\Ciry Council\Resolutions\Wapiti 062011.doc DECISION Therefore, the City Council of the City of Elk River does not approve the Applications for renewal of the Applicant's Licenses for the sale of 3.2 Percent liquor at Wapiti Park Campground, 18746 Troy Street, based on the findings of fact set forth above. Passed and adopted this 20`h day of June 2011. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk N:\Public Bodies\City Council\Resolutions\Wapiti 062011.doc A N N N O O N ? 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N 3 ~ ~ N Q ~ ~ C C ~ ~ N fD fSp ~ O ~ ~ O ~ ' n ' ~ ~ ~ ~p ~ ,=~ ~ ~ v 00 ~ ~ Q N N ~ O O O fD < I--' .Q N O = O fl N .. rt _~ X ~ O ~ U4 ~ ~ O f D ? ~+ ~ ~ ~ X ~ ~ r+ (D ~ ~ w ' ~' N o ~ N ~ ~+ O + i F-~ r i v N C G fU ~ N H O O Q r+ 3~ ~' C (D K S ~' fD ''* O D o ~ ~ ~ ~A e-F ~ d O ~ N v ~ ~ =r ~ rt . V1 0 w O m Q D C Oq C N N O F-+ O a m n O m' a. O C 7 n 0 (D (fl 3 Q m rt fD C rr v rr v N fD fD _3 O N N N O F-+ N (~ O N C ~ N 7 ~. O n Q 0 m K ~ ~ 3 '* O _~ S OC1 C O ~ p~j Cl '+ ~ o O C O ~ n w n ~ Q N NO ~' F-+ ~ N N ~ o~ ~ ~ ~ ~r O F-+ O N O F-+ O (D O ~ 3 (~ ~. m m rr ~ O ~ O 01 ~ ~ ~ ~ O ~' ~ ~ N • O_ UO r+ S -Oi. (D O C 7 ~ r-r ~ ~. N O ~ ~ s 7 .~ ^. o, ~ 3 m o m °' e-+ ,~ 7 ~ O1 O rt N fD N ~n O O N N O N O n O C 7 n O N S m O O N N O N O ~ n Q ~G N ~ m ~ f~D ~ ~ ~ (~ ~ ~ N °~ C ~ .0 Q O s ''~ s ~. O N ~ ~ Q C (D ''! y ~ 3 W N C X m n C d F-~ N O F-~ F-' C 3 fD v Ol N (D fD v a 0 ~o 0 \ \ ~: I-~ I-~ N \ \ \ O O O O O O o ~ o C ~ C 7 ~ 7 ~, ~. n_ o ~ a m o ~ N ~ ~ Gl ~ w Q. t~i~ N o ~ m "O+, ~ n 7 <. 3 ~ ~ r- cOn ~ O ~ 3 C ~ G1 ~ ~ ~ f1 ~. Q" ~ _+; O a0i C . ~ ~ of fD 'a 'a ,p' n• C Cl ~ K ~. ~ N o ~ Q N A lD 3 U4 O I-~ N O O N n O C n m lD N W N (D 3 fD x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x r r ~ ~ f+ 70 ~ N m ~ C ~ O 70 O 70 70 ONi V 70 FW+ O Planning Commission Minutes November 22, 1983 Page Five Commissioner Hartman questioned whether a zone change from R-la to R-lb-would be out of bounds because of the original layout of the whole area. Chairman Tracy indicated that a zone change was compatible with the land use map. Chairman Tracy questioned whether anyone would be opposed to the zone change. O'ommissio~e~-=f earce indicated that he would not be opposed because it was not spot zoning. Commissioner Ward indicated that he had a problem with. the zone change, and wanted to know why they were actually breaking the lots up. John Oliver indicated that the purpose was to increase-the yield. Commissioner Hartman indicated that he felt the zone change would be OK. Chairman Tracy indicated that four of the five commissioners recommended the zone change to the City Council and that Darrell Ward was against this recommendation. 8. Custom Motors Zone Change Mr. Breezee reviewed with. the Planning Commission Members that at the last Planning Commission Meeting the Planning Commission had reviewed the land area presently owned by Custom Motors, and that it was the unanimous decision by the Commission to zone change the area from I-2/Medium Residential to R-lb/Single Family, and that an amortization period from 5 to 10 years be required. Mr. Breezee indicated that in the City Ordinance .there is a requirement of.an amortization period of a maximum of 5 years, and that the City staff felt that in order to keep the ordinance intact so that future problems do not develop, the ordinance should not be deviated from. Commissioner Oster questioned.as to what kind of buildings were on the property. Mr. Breezee indicated- that they were metal-skinned pole barn buildings. Com- missioner Pearce indicated that he had a problem with going less than 10 years on an amortization period because of the investment put in by Custom Motors. Commissioner Hartman felt that by changing the time limit, we are not taking away the value of the land. Commissioner Hartman further indicated that if the concept of having this is wrong for. the area, a change has to be made. Com- missioner Hartman questioned whether there was cause for concern about ground contamination. Mr. Breezee indicated that he did some checking and found thaf motor oil does not cause ground contamination. After further discussion it was the general consensus of the Planning Commission to leave the original motion stand as it previously read with a 5 to 10 year amortization period, and negotiations done between the City and Custom Motors. 9. k~apiti Park Zoning Designation Mr. Rick Breezee explained that presently tJapiti Park is located in an R-lb section of the City, and that because of this, the campground is a non-conforming use, and as such they cannot expand. or extend their present. operation. Mr. Breezee further explained that a zone change to A-1 agricultural, which is where campgrounds are only allowed presently within the ordinance,_would not be appropriate because of the land use. Mr. Breezee further indicated that he felt it would be best to amend the ordinance to allow campgrounds as a conditional use in the R-lb zone. Mr. Rick Breezee further indicated that the Camp on the Mississippi Campground is also a non-conforming use, and that if the ordinance was amended to allow camp- grounds as conditional uses in an R-lb area, this would also apply to this camp- ground. Planning Commission Minutes November 22, 1983 Page Six ~i COMMISSIONER HARTMAN MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE R-1B SECTION OF THE CITY ZONING ORDINANCE BE AMENDED TO ALLOW CAMPGROUNDS AS A CONDITIONAL USE. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 5-0. 10. Administrative Update A. Menkveld Rick Breezee indicated that the Menkveld case went to court, and the Mr. Mendveld was given 30 days jail sentence and a $500 fine, and that the jail sentence would be suspended if he agreed to clean up the property within 60 days. B. Meeting date in December Mr. Breezee asked the Planning Commission members whether they would hold a meeting in December and questioned the possibility of changing the date in December so that it would not be so close to the holidays. It was the general consensus of the Planning Commission Members that there be no Planning Commission Meeting during the month of December, 1983. I•~ .~ COMMISSIONER PEARCE MOVED THAT THE MEETING BE ADJOURNED. CHAIRMAN TRACY SECONDED THE MOTION. THE MOTION PASSED 5-0. Meeting adjourned at 9:45 p.m. Res ful Submitted, Rick Breezee Building and Zoning Administrator City Council-Minutes December 19, 1983 Page-Three use permit to Steve Zimmerman -for construction of a metal-skinned building at 21628 Vernon Street with the limitation of five horses only. Mayor Hinkle opened. the public hearing. No one appeared for or in opposition of the conditional use permit request. Mayor Hinkle closed the public hearing. Councilmember Gunkel indicated that as she reviewed the City's zoning ordinance.,. she could not find a problem with conditional use permit request. Discussion was carried-on regarding the construction of the building and the fact that new potential owners would be aware of the location of the building, should they consider purchasing an adjacent lot or the Zimmerman property. COUNCILMEMBER GUNKEL MOVED. TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY MR. .STEVE ZIMMERMAN OF 21268 VERNON STREET TO CONSTRUCT A METAL-SKINNED BUILDING ON HIS PROPERTY FOR THE HOUSING OF FIVE HORSES AND NO OTHER LIVESTOCK. COUNCIL- MEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 7. Amendment to Zoning Ordinance regarding conditional uses in R-1-and R-2 Districts - Public Hearing The City Administrator indicated that over the past several months, the City's Building and Zoning Administrator has had discussions with the owners of Wapiti Park regarding the appropriate uses and activities within the area that they own. The City Administrator further indicated that as a result .of those discussions, it has been determined-that an amendment to the City's zoning ordinance is most. appropriate to deal with the Wapiti-Park situation.. The City Administrator fur- ther indicated-that the Wapiti Park a°rr~a is currently zoned both floodplain and single family residential,, and therefore, because of that situation, the camp- ground use is a very reasonable and logical land us.e-and should be permitted to continue in the area.. The City Administrator indicated that a conditional use permit to allow campgrounds in an R-1b zoned district is suggested, as it would provide sufficient control to the City Council over the campground facilities and its impact on an adjacent residential area. Councilmember Gunkel questioned the possibility of rezoning the area to an A-1 zone to allow the campgrounds. The Gity Administrator indicated that a conditional use was abetter way of dealing with the campground possibilities, because if it were zoned A-l, any kind of an agricultural facility could come into the area. The City Administrator indicated that a conditional use could provide more control to the City Council. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the amendment to-.the City's Zoning Ordinance. Mayor Hinkle closed the public hearing. Discussion was carried on regarding a definition in the City's Zoning Ordinance explaining campgrounds and campground facilities. Mr. White, .owner of Wapiti Park, indicated Baia they do have a business outline of Wapiti Park, and t}~e activities of the campground. Councilmember Gunkel indicated that the outline could provide a guideline to the City in the develop- ment of a definition for campgrounds to be included in the City's zoning ordinance. City Council Minutes .December 19, 1983 Page Four Mr. Rick Breezee, the City's Building and Zoning Administrator, indicated that the. City's definition in the Zoning Ordinance is a broad definition but would provide the control the City needed. The City's Building and Zoning Administrator further indicated that-the six standards of a conditional use would have to be considered in every instance of a conditional use request and that the granting of the request in the review of the standards would be dependent on each individual circumstances. Further discussion was carried on regarding the definition of a campground and the time limit of units in a campground. COUNCILMEMBER SCHULDT MOVED TO APPROVE ORDINANCE 83-16 AN ORDINANCE AMENDING THE CITY OF ELK RIVER'S ZONING ORDINANCE, SECTION 900.16 RELATING TO CONDITIONAL USES FOR R-1 AND R-2 DISTRICTS. COUNCILMEMBER ENGSTROM SECONDED. THE MOTION. THE MOTION PASSED 4-0. 8. Street Light at Intersection o~ Meadowvale Road-and Islandview Drive Mayor Hinkle indicated that the City Council had previously authorized the place- . went of a stop light at the intersection of Meadowvale Road and Islandview Drive but had not authorized the expenditure. The City Administrator indicated that Edson 5tansfield of the Elk River Municipal Utilities, has recommended that a-250 watt high pressure sodium fixture be used. COUNCILMErIBER SCHULDT MOVED TO APPROVE THE EXPENDITURE OF $181.00 FOR THE IN- STALLATION OF.A HIGH PRESSURE SODIUM STREET LIGHT AT THE CORNER OF MEADOWVALE ROAD AND ISLANDVIEW DRIVE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 9. Municipal Facilities Feasibility Study The City Administrator indicated that Boarman Architects has submitted a proposal for a feasibility study for municipal facilities. The City Administrator in- dicated. that the cost for the feasibility study is $6,600 and further indicated that if the City Council is comfortable with working with Boarman Architects, the City Attorney and the .City Administrator could draft a contract for those services. Discussion was carried on regarding the Boarman 9rchitects proposal and the cost of the feasibility study. Councilmember Schuldt indicated that he felt it was necessary to do a feasibility study to allow the. City Council to consider the options for a municipal facility. Councilmember Gunkel indicated that she felt-the feasibility study would be useful to the City whether a municipal facility was constructed in the near future or not. COUNCILMEMBER SCHULDT MOVED TO AUTHORIZE BOARMAN ARCHITECTS TO PERFORM A MUNICIPAL FACILITY FEASIBILITY STUDY FOR A FEE NOT TO EXCEED $6;600. COUNCILMEMBER GUNKEL . SECONDED THE MOTION. THE MOTION PASSED 4-0. Planning Commission Minutes February 28, 1984 Page Four COMMISSIONER HARTMAN MOVED TO RECOMMEND TO THE CITY COUNCIL THAT A 425' VARIANCE ENCROACHMENT BE GRANTED TO MR. KEN LOCKWOOD, AT 13616 192ND AVENUE NORTHWEST, ELK RIVER, FOR THE LOCATION OF HIS AGRICULTURAL STRUCTURE WITH THE STIPULATION THAT THE ENTIRE AREA BE CLEANED UP, AND THAT THIS VARIANCE BE REVIEWED YEARLY, AND THAT IT BE IN COMPLIANCE WITH THE CITY ORDINANCE DEALING WITH NUISANCES AND ACCUMULATION OF DEBRIS. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 6-0. 7. Consider Conditional Use Request for Wapiti Park Campground Rick Breezee indicated that Wapiti Park Campground located at 18746 Troy Street was applying for a conditional use permit. Rick Breezee further indicated that the zone was previously A-1/Agricultural, and that it had recently been changed to an R-lb/Single Family, and that a campground was considered a conditional use' in R-lb zones. Mr. Roger White, president of Wapiti Park Campground., was present- at the meeting. Commissioner Tralle questioned whether Troy Street was a private road or whether it was-City maintained. Rick Breezee indicated that Troy Street was a private road and that the City did not maintain it. Mr. White indicated that he maintained the road himself, and kept it plowed in the winter. Rick Breezee indicated that a private road easement agreement should be signed. Mr. White indicated that his camp had 109 improved sites and 20 tent sites. Com- missioner Hartman questioned whether Mr. White had any plans for expansion. Mr. White indicated that he had no definite plans for expansion at the present time. Chairman Tracy questioned the hours of operation of the campground. Mr. White indicated that their grocery store was open from 8:00 a.m. to 1T:OQ p.m. Chair- man Tracy questioned whether the store was just for campers or if it was used for neighboring residents in the area. Mr. White indicated that the store was mainly for campers that come to his campground, but that sometimes neighboring residents did use the store. Mr. White indicated that the closing, time for the camp area is 11:00 p.m. Chairman Tracy questioned whether Mr. White had a restaurant in the campground. Mr. White indicated that there was a restaurant in the campground for the campers, and that they had a .full menu served in the restaurant. Mr. White further indicated that there were times when neighboring residents came to the.restaur.ant for meals. There was some discussion held regarding whether the store and restaurant should be allowed in this R-lb area.- Tt was the consensus of the Planning Commissioners that the store and restaurant be primarily for the use of the campers and should not be expanded. Mr. White indicated to the Commissioners that he and his wife had tried to build up the recreational facilities which will fit in with the needs and uses of the. area. Discussion was held regarding recreational vehicle maintenance, service, and storage at Wapiti Park Campground. It wns the general consensus of the Planning Commissioners that very minor maintenance and repair of recreational vehicles be restricted to campers in emergency situations only, and that they are camping at the site, and that no storage be allowed. Planning Commission Minutes February 28, 1984 Page Five Discussion was held regarding the Whites conducting hayrides from their campground, and the care and housing of horses. Mr. White indicated that. they had only four horses and that there was no problem with care and maintenance of these. horses at the present time. Chairman Tracy questioned Mr. White whether he had people living in his campground in year-round camping trailers. Mr. White indicated that .construction people working in the area would sometimes come with their families and stay for a few months in his campground. Rick Breezee indicated that he had driven through the campground for inspection purposes at various times and he felt it was evident that a number of sites were being used for more than just camping, and also indicated that he felt there were sites set up for year-round use. Rick Breezee further indicated that this use is not intended as a mobile home park. Chairman Tracy indicated-that he felt-there should be a recommended amount of time as to how long people can stay at the campground legally. Commissioner Pearce questioned whether a special permit could be granted for people who are working in the area for an extended period of-time. Rick Breezee indicated that this would not be feasible because of the building Code and the restrictions placed on a permanent residential facility. Commissioner Wille indicated that he disagreed with Mr. Breezee because Mr. White has a campground and-that people may want to camp in the winter time.. Mr. Breezee indicated that he had no problem with people camping in the winter, but that he did have a problem -with people staying at the campground indefinitely, because the-campground does not meet the building code, HUD standards, or the. proper zoning. It was the general consensus of the Planning Commission that-the campground be used for camping only, and that it not be used as a permanent residency. The Planning Commissioners ..further consented to not put this in the motion but to wait for an interpretation from the .City Attorney, and that the City Council could then include it in their motion.if they so desired. Rick Breezee indicated that he felt that what the Whites have done to the camp- ground is a positive influence on the City of Elk River. COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT G;APITI PAP.F: CAMP- GROUND LOCATED AT 18746 TROY STREET, BE GRANTED A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF THE CAMPGROUND IN A R-1B ZONE WITH THE FOLLOWING CONDITIONS: 1) THAT A MUTUAL ROAD EASEMENT AGREEMENT ACCORDING TO SECTION 1008.14(0) OF THE CITY CODE BE SIGNED. THAT THE NUMBER OF CAMPSITES WITHIN THE CAMPGROUND BE 109, AND THAT THERE ALSO BE 20 TENT SITES, AND THAT NO ADDITIONAL CAMPSITES BE ADDED. 3) THAT THE-HOURS OF OPERATION OF THE-CAMP AREA BE FROM 8:00 A.M. TO 11:00 P.M. 4) THAT MINOR MAINTENANCE AND REPAIR OF RECREATIONAL VEHICLES BE RESTRICTED TO CUSTOMERS CAMPING IN THE CAMPGROUND, AND AL50 THAT THIS BE RESTRICTED TO EMERGENCY SITUATIONS ONLY. 5) .THAT THE STORE AND RESTAURANT FACILITY LOCATED IN THE CAMP AREA BE PRIMARILY FOR THE USE OF THE CAMPGROUND AND THAT THESE FACILITIES SHOULD NOT BE EXPANDED. Planning Commission Minutes February 28, 19$4 Page Six ;:~_ -.~~_ ';-~-j~' 6) THAT THE CONDITIONAL USE BE REVIEWED EVERY TWO YEARS. COMMISSIONER TRALLE SECONDED THE MOTION. THE MOTION PASSED 6-0. 7'~ Planning Commission Meeting Starting Time Chairman Tracy indicated that he would like some comments from the commissioners regarding. the Planning Commission starting their meeting at 7:00 rather than 7:30. After some discussion, it was the general consensus of the Planning Commissioners to start the Planning Commission meetings at 7:00 instead of 7:30. There being no further business, COMMISSIONER HARTMAN MOVED TO ADJOURN THE MEETING. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 6-0. Meeting adjourned at 9:55 p.m. 0 Respectfully Submitted,. Ric Breezee Building and Zoning Administrator RB:st City Council Minutes March 19, 1984 Page Four The City Administrator indicated that Mr. Zack Johnson recommended that the setbacks (_Y 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 o€f 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 regarding the use of the basement for rental space and variance to the parking space requirements. Planning Commission Chairman Marty Trac indicated that the Planning Commission could not make a decision based on "ifs", 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 varianc based on one floor of space consisting of 2,500 square feet. It was the consensus th the City Council consider a parking variance when Mr. Lundberg has a definite plan for the site. COUNCILMEMBER DUITSMAN MOVED THAT THE EAST BASEMENT WAi~L BE BUILT WITHOUT SIGNIFICAN' 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. r 7. Wapiti Park Campgrounds Conditional Use Permit Request - Public Hearing 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 2~ tent sites and that no additional campsites be permitted. City Council Minutes March 19, 1984 Page Five -_ _~•y. 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. Mr. Don Britts, a neighboring property owner, expressed his concern that the City 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 campgroun 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 tli~t 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 301 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 two week maximum. Mr. Marty Tracy, Planning 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 pear-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 requires, which the campers and recreational vehicles do not meet. Further discussion was carried on regarding 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 keeping 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 ~-+j 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 WTTHIN THIS PROPERTY BE ESTABLISHED AT ONE HUNDRED NINE (109) 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 FACILITIES AND THAT THE STORE AND RESTAURANT NOT BE EXPANDED; 6) THAfi 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 a number of years ago, that the poles were set, and that he did not know about 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. ~e~: 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 APPROVEATHE LANGUAGE ~Hsd-T- TO RESOLUTION 83-11. COUNCILMEMBER GUNKEL .SECONDED fiHE MOTION. THE MOTION PASSED 3-0.. Piayor 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. 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. fihe 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. ~i~y Council Minutes ~y 7, 1984 Page Three ~;~~ 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 City 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 indicated 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. y'`- ~`_ The City Administrator indicated that the requirement of residents registering `-'`__ ~-' their place of employment was included to make sure that the campground was used r 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 Char he could not undarstand the concern the City Council has with the Wapiti Park operation. Discussion was carried an 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 husYand 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 furthex 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. _ Mr. Rick Breezee, the City's Building and Zoning Administrator indicated that the ^ Cit staff is not uestionin the o eration of the Wapiti Park Campground facility, -_s ~ y q g P ~~t ~ 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 CONDTTION, THAT THE WHEELS MUST REMAIN ON VEHICLES PARKED IN THE CAMPGROUND AND THAT THERE BE NO v~v~,rnT.iL'TTT TTATTTC FnR RF.NTAT, PTIT2POSES . GOUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-O. $. Wapiti Park Setup License The City Administrator indicated that Mr. Roger White of Wapiti Park 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 ~_ COUNCILMEMBER DUITSMAN MOVED TO GRANT A SETUP LICENSE FOR WAPITI PARK CAMPGROUND. COUNDILMEMBER 5CHULDT 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. HIDDE IN THE VILLAGE ESTATES 2ND ADDITION. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. COUNCILMEMBER SCHULDfi MOVED TO APPROVE AN ADMINISTRATIVE SUBDIVISION FOR MR. ART 10. Zoning Ordinance Amendment to Allow Daycare Facilities as a Conditional Use in the C-3B Zone - Public Hearing g. ~ ;:~ ~~ Councilmember Gunkel indicated that Mrs. 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 use of Highway Commercial districts. Councilmember Gunkel indicated that the Planning Commission considered Mrs. Eclcdal~l's request and voted unanimously to 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. Memorandum ~ ..~~ To: Mayor and City Council -~ From: City Administrator (~ " City of ~ Date : May 3 , 19 $ 4 ~~ ~~~er Sub'ect: Wapiti Park Campground set-up license Request J t; f ~... 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. tirhite to sell set-ups for use with intoxicating liquor. As the City Council ray 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 3 Memorandum ~ ` To: Mayor and City council ~ ~ From City Administrator City of Date: May 3 , 1984 ilk Rimier Subject: Wapiti Park Campground, Inc . , Conditions 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 Camp ground 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 Gity 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 rinnesota 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 Campground conditional use permit, it is recommended that the City Council require l) 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 ;fit 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 oizly 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, Qc~ ~ ~-- Robert C. Middau City Administrator RCM:st i SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, JULY 5. 1988 MEMBERS PRESENT: Mayor Gunkel, Councilmembers Tralle, Schuldt, Dobel, and Holmgren MEMBERS ABSENT: None ALSO PRESENT: Richard Fursman, Economic Development Coordinator 1. Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order by Mayor Gunkel at 5:01 p.m. 2. Resolution for the Alltool Expansion A resolution of sponsorship for the expansion of Alltool Manufacturing was discussed. This action would assure Alltool the timely construction of their new facility. Mr. Fursman said that with this sponsoring resolution, Alltool would be able to incur costs prior to the sale of an industrial .development bond some time in late July. COUNCILMSMBER SCHULDT MOVED TO APPROVE RESOLUTION 88-49, A RESOLUTION OF SUPPORT FOR ALLTOOL MANUFACTURING FROM' THE CITY OF ELK RIttER. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-O. • 3. Consideration of Wapiti Park Liquor License The Mayor noted that at the June 27, 1988. City Council meeting, the Council approved anon-intoxicating On-Sale and Off-Sale Liquor License for Steven and Bonnie Thirkelson; the new owners of Wapiti Park. It appears that the sale of the park has fallen through and the park will belong once again to Roger and Lorraine White next week. Because of the situation, Roger and Lorraine White have applied for a Non-Intoxicating On-Sale and Off-Sale Liquor License in their names. Mr. White has indicated that the property will be deeded back to them some time nest week. COUNCILMEMSER DOBEL MOVED TO APPROVE THE NON-INTOBICATING LIQUOR LICENSE FOR ROGER AND LORRAINE WHITB OF WAPITI PARK CAMPGROUND. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Discussion of the Appeal of the Levy Limit The Mayor discussed the City's appeal of the Levy Limit, which was approved. 5. Other Business A letter inviting the City Council to the U.P.A. open house was distributed. . A letter from the V.F.W., which is sponsoring the Special Olympics was shown to the Council. Planning Commission Minutes Page 2 April 28, 1992 6. Consider Zone Change Request (R-lb to C-3) By wapiti Park/P.H. Stephen Rohlf, Building and Zoning Administrator, stated that Ms. White is requesting a zone change from R-lb/Single Family Residential to C-3/Highway Commercial on the south 1265.73 ft. of their property. He then reviewed the three situations when a zone change can be approved. He briefly explained the reasons why Ms. White felt they met the requirements for a zone change: 1) They felt the Comprehensive Plan for this area is in error. 2) That the junkyard located to the east prohibits her property from being developed as residential. 3) That the flood fringe limits residential development. Staff is recommending denial because the request is not consistent with the Comprehensive Plan, and that it would be considered spot zoning. Mr. Rohlf stated that he had received a letter from Michael Rlemz, 18540 Troy Street, stating his opposition to the request because Troy Street is a private road and neither Troy nor the adjacent frontage road are suited for commercial traffic. He was further concerned with his property values if the zone change were to be approved. Ms. White stated that the junkyard was there prior to her owning the parcel in question. She stated that anyone building a house in this area does not want to overlook a junkyard. She felt commercial was a better use for their property. • Chairman Nadeau opened the public hearing. Dick Swenson, Edina Realty, stated he was representing a client interested in purchasing the property for the purpose of camper sales. Mr. Swenson felt that trying to put any kind of residential housing next to the junkyard would be considered a folly. He stated this was an extreme hardship for the existing owners. He felt that campers on this site would be a plus to that corridor as this would buffer residential from the existing junkyard. Mr. Rohlf cautioned the Planning Commission that with a zone change they must consider all the uses that could be allowed in the C-3 zoning district. If this parcel were rezoned to C-3 it could not be split off from the larger parcel without extending City services to that area. Karla Laurent, 18568 Troy Street, was opposed to the request as she was concerned with the uses that could be allowed in the C-3 zoning district. Mr. Swenson commented on Troy Street and the amount of traffic their use would generate compared to the junkyard. He felt their use would not generate any more traffic than what is already being allowed by the junkyard. He felt that any type of use would form a good buffer from the junkyard. Mr. Roh1f addressed his concern stating that you should not mix • residential traffic and commercial traffic especially on a frontage road that was not designed for commercial traffic. The junkyard is currently a nonconforming use because it is not screened. He suggested staff will look into screening with direction from the City Council. • Planning Commission Minutes April 28, 1992 Chairman Nadeau closed the public hearing. Page 3 Commissioner Johnson questioned the junkyard property that was zoned industrial and why this wasn't changed to comply with the underlying land use for this area. Mr. Rohlf explained that it was probably zoned industrial when they first adopted the zoning maps to accommodate the existing uses. Commissioner Johnson indicated that she would like to see if staff could pursue bringing that strip in line with the current land use plan as it doesn't serve any purpose to have that parcel zoned industrial. Mr. Rohlf stated that he would send a message to the Council that the Planning Commission would be in favor of sending a notice of amortization and rezoning. Once again, staff would like direction from the Council because it is a controversial issue and would most likely take legal action. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE ZONE CHANGE FROM R-1B/SINGLE FAMILY RESIDENTIAL TO C-3/HIGHWAY COMMERCIAL BY ~IAPITZ ~'~ BASED UPON THE RATIONAL AS PUT FORTH IN STAFF'S MEMO DATED 4/20/92 AND BASED ON THE FINDINGS OF FACT THAT IT WOULD CONSTITUTE SPOT ZONING. ALSO TO ENCOURAGE STAFF TO PURSUE COMPLIANCE OF THE JUNKYARD PROPERTY. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. c: 7. .Consider Site Plan Review by Linda Norha/Gary Santwire for an Addition to Building and Property Line Adjustment Steve Rohlf, Building and Zoning Administrator, explained that the applicants are requesting to adjust their lot lines to accommodate a 14' x 14' addition to the north side of their existing building in Barrington Square. Mr. Rohlf stated that the property lies within a PUD and requires a site plan review. The City Council heard this request at their 4/20/92 City Council and waived the Council authority to review the site plan and referred the site plan to the Planning Commission for their review and final decision. Mr. Santwire stated that John Oliver has prepared the legal description of the new parcels. COMMISSIONER JOHNSON MOVED TO APPROVE THE SITE PLAN BY LINDA NORTA WITH THE FOLLOWING STIPULATIONS: 1. THAT THE 8 FT. SETBACK IS ACCEPTABLE. 2. THAT THE EXTERIOR FINISHES OF WALLS AND THE ROOF OF PROPOSED ADDITION MATCH THE EXISTING BUILDING. 3. THAT ANY ADDITIONAL OUTSIDE MECHANICAL EQUIPMENT IS SCREENED. • 4. THAT THE EXISTING LARGE OAK IS RETAINED ON THE NORTH SIDE OF THE BUILDING AND THE REMAINDER OF THE PROPERTY DISTURBED DUE TO CONSTRUCTION IS LANDSCAPED. Elk River City Council Minutes May 18, 1992 Page 5 • Steve Rohlf, Building and Zoning Administrator, indicated that the applicants, Jeff Lamm and Karen Dehrer, are requesting to subdivide a 90.71 acre parcel into two parcels. He explained that the request is to split off a 4.36 acre parcel which contains an existing house. Vice Mayor Holmgren opened the public hearing. There being no one for or against the matter, Vice Mayor Holmgren closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY JEFF LAMM AND KAREN DEHRER TO SUBDIVIDE A 90.71 ACRE PARCEL INTO TWO PARCELS WITH THE FOLLOWING CONDITIONS: 1. THAT THE APPLICANT PROVIDE THE CITY WITH THE LEGAL DESCRIPTION FOR THE RESIDUAL PARCEL (86.35 ACRES). 2. THAT THE PERMITS ARE OBTAINED FROM THE COUNTY FOR DRIVEWAYS OFF OF COUNTY ROAD 1. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.3. Consider Zone Change/Wapiti Park/R-lb to C-3/Public Hearing Steve Rohlf explained that Lorraine White of Wapiti Park Campground is requesting to rezone some property from R-ib/Single Family Residential to C-3/Highway Commercial. Steve Rohlf further stated that the . Planning Commission reviewed this issue and recommended denial of the zone change request. He stated that Mrs. White has now requested to delay this item until June. Vice Mayor Holmgren opened the public hearing. Mike Klemz, 1854 Troy Street, informed the Council that he had sent a letter to the Council requesting that the Council deny the zone change to C-3/Highway Commercial. He stated that the City's long range plan for the area is to phase out existing commercial property in that area. Steve Rohlf explained that the property directly east of Wapiti Park Campground is zoned industrial and operates a junkyard through a conditional use permit. He indicated that it has been brought to his attention that the junkyard is not fenced as required. by the conditional use permit. Carol Buschick, Mrs. White's realtor, stated that the unsightly condition of the junkyard is affecting Mrs. White's property. She indicated that-Mrs.. White has-not been able to sell her property due to the blight of the junkyard. The Council discussed possible action to require the junkyard to come into compliance with the terms of the conditional use permit. • COUNCILMEMBER KROPUENSKE MOVED TO INSTRUCT THE BUILDING AND ZONING DEPARTMENT TO ISSUE DIRECTION TO THE JUNKYARD TO COME INTO COMPLIANCE BY INSTALLING AN OPAQUE FENCE WITHIN 60 DAYS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. Elk River City Council Minutes May 18, 1992 Page 6 • Councilmember Scheldt suggested that the Planning Commission consider rezoning the area from industrial zoning to residential zoning. COUNCILMEMBER KROPUENSKE MOVED TO DIRECT THE ZONE CHANGE REQUEST BY WAPITI PARK BACK TO THE PLANNING COMMISSION FOR FURTHER REVIEW UPON PRESENTATION BY THE PROPERTY OWNER OF NEW EVIDENCE AND FURTHER TO CONTINUE THE PUBLIC HEARING WHEN ADDITIONAL INFORMATION HAS BEEN HEARD BY THE PLANNING COMMISSION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4. Preliminary and Final Plat Review of Fairview Addition by Fairview Hospital and Health Care ServiceslPublic Hearing Steve Rohlf, Building and Zoning Administrator, indicated that Fairview Hospital and Health Care Services are requesting to plat a number of parcels and portions of parcels by combining them into one platted lot. He stated the property lies in the northeast corner of the intersection of Evans Avenue and Main Street. Vice Mayor Holmgren opened the public hearing.. Carol Mi11s of Guardian Angels informed the Council that Guardian Angels is providing the. land for the clinic as they feel it is in the best interest of the community. She stated that Guardian Angels is requesting to preserve some of the trees in-the area and indicated -that • the buffer of the trees is extremely important. Pat Hagen of Fairview Clinic indicated that Fairview Clinic recognizes the need to save the trees, and informed the Council that they are working with Guardian Angels on this matter. Bill Middlestadt indicated he is representing Clara Middlestadt of 230 Evans Avenue. He requested to be kept informed of any planning for utilities and assessments in the area. A property owner from 213 Evans Avenue expressed her concern about the trees and also questioned whether there has been a traffic study for Evans Avenue. Terry Maurer, City Engineer, indicated that Evans Avenue was recently improved and that the streets in the area were designed for this volume of traffic. There being no further comments, Vice Mayor Holmgren closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE PRELIMINARY AND FINAL PLAT REVIEW OF FAIRVIEW ADDITION REQUESTED BY FAIRVIEtni HOSPITAL AND HEALTH CARE SERVICES, INC., CONTINGENT UPON THE FOLLOWING: • 1. THAT CONSENT OF THE OWNER OF THE PROPERTY BE GIVEN. Planning Commission Minutes June 23, 1992 Page 11 5. THAT ALL THREE UNITS CAN NOT BE USED AS PROFESSIONAL OFFICES WITHOUT ADDRESSING THE TWO EXTRA PARKING STALLS THAT WOULD BE NEEDED. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 12. Consider Zone Change Request (R-lb to C-3) By Wapiti Park/P.H. Steve Rohlf, Building & Zoning Administrator, stated that the Planning Commission originally heard this request at their April 28, 1992 meeting and voted to recommended denial of the request. At the May 18, 1992, City Council meeting, the Council directed the Planning Commission to take another look at this issue because the petitioners indicated that they had new information related to the zone change request. The petitioners were requesting that this new information be consider in the Planning Commission's recommendation. Mr. Rohlf stated that he has not received any new evidence of why Ms. White's zone change should be approved, but maybe a new approach to the zone change request (PUD). Virgil Herrick, Attorney for Lorraine White, distributed three handouts to staff and the Commission which included: 1) a petition by the people using the campground in favor of the request, which included about 52 signatures. 2) a petition signed by two of the single family residents also in favor of the proposed zone change request. 3) a memorandum to the Planning Commission from Virgil Herrick, Ms. White's attorney, addressing some of the issues relating to this request. At this time the Planning Commission took a few minutes to review the new documents. Vice Chair Eberley read both of the resident's petitions and their response to the zone change request. The three documents were entered into the public record at this time. Mr. Herrick explained and addressed the following criteria as outlined in his memo dated 6/23/92: -- is the request a reasonable request? -- is a zone change warranted? -- is it feasible for Ms. White to develop her property with the present zoning situation? Mr. Herrick stated that they would like an opportunity to work with the City, Zoning Administrator and City Attorney to come up with some sort of development agreement that would allow for a mixture of commercial and residential uses on the property. Mr. Rohlf stated that the property being rezoned is a part of a larger parcel. Mr. Rohlf questioned whether the portion of the parcel not being rezoned had a use already on it (ie. part of the campground). Ms. White stated that it was a separate parcel according to the tax . records. There was further discussion regarding this issue, as staff was not sure this was a separate parcel from the campground parcel. Vice Chair Eberley opened the public hearing. Planning Commission Minutes June 23, 1992 Page 12 Mr. Richard Swenson, realtor representing the prospective buyer, stated that the purchase agreement identifies the current parcel as a separate parcel from the existing campground parcel. He went on to explain the intended use of the property which would consist of retail sales of campers up front to blend in with the existing campground facility. Mr. Swenson stated that the property was worthless under the current zoning designation as the property cannot be developed as Single Family Residential while adjacent to a junkyard. He stated that maybe a PUD zoning would be better to protect the citizens and current land owners. Stewart Wilson, 17975 Troy Street, stated that he owned property directly south of the affected property along Highway 10 and he was unclear to as what the petitioners were requesting, a C-3 zoning or PUD? Mr. Rohlf stated that the original request was for C-3/Highway Commercial zoning for which the Planning Commission recommended denial. Mr. Herrick stated that they would be willing to discuss the PUD approach as it would give the City some flexibility and still provide protection against other uses that might be considered undesirable. Stewart Wilson asked what the permitted and conditional uses were in the C-3 zoning designation. Mr. Rohlf read the uses that would be allowed in the C-3 zoning district. The Commission and staff proceeded to discuss the uses which would be permitted at this site. Mr. Wilson stated that he would like to see the areas north and south of Highway . 10 stay consistent with other uses in the area. He felt that a PUD would give the City more control as to what uses would be allowed. Mike Rlemz, 18540 Troy Street, was opposed to the request as he was concerned with his property values. He thought that the long range plan for the City was to stop this kind of development on the north side of the highway. Stephen Rohlf stated that the original request is for a C-3/Highway Commercial zoning not a PUD. If this property were zoned PUD, with the underlying land use of HB, it would still be a departure from the City's Growth. Management Plan to accommodate a special interest. Ms. White was aware of the junkyard when she bought the existing campground. Staff is still unsure whether that part of the parcel that Ms. White is requesting a zone change on is devoted to part of the campground use. Rita Petkoff, Manager for ERA Lund Office, stated that the City's Comprehensive plan shows the affected property as a potential commercial site, and therefore, she felt it was consistent with the City's Comprehensive Plan. Ms. Petkoff stated that she differed with staff's comment that having commercial and residential traffic on the frontage road does not make for a good mixture. She stated that directly across Highway 10 on Waco Street there is a mixture of residential and industrial traffic. Mr. Rohlf addressed Ms. Petkoff's concerns stating that there were a number of sites looked at in the City that were not chosen as commercial sites. He stated that the junkyard is zoned industrial but Planning Commission Minutes June 23, 1992 Page 13 the underlying land use far this site is MR/Medium Density Residential. He further addressed the traffic issue by stating that the City tries to keep the mixture of commericial and residential traffic as close to arterial roads possible.. Peter Beck, City Attorney, stated that what the Planning Commission is asked to consider is the C-3/Highway Commercial zoning not a PUD request, development agreement ar anything else. Mr. Beck stated that before the Planning Commission could consider a PUD request, the applicants would have to withdraw their original request and come back with a zone change request for a PUD. Stewart Wilson stated he would like to see the property developed in an orderly consistent manner and not to approve a zone change to accommodate the sale of a piece of property. Carol Buschick, ERA Lund Realty, questioned whether the property was in the urban service district. Mr. Rohlf stated that the property was in the urban service district, but in order to develop Ms. White's property as a commercial use, it would first require City sewer and water. Further lots can not be split without having sewer and water being extended to the parcels being created. Karla Laurent, 18568 Troy Street, would like to see a meeting between the residents and Ms. White to help clear up some of the residents' concerns as they have not had any communication from Ms. White. Vice Chair Eberley closed the public hearing. COMMISSIONER SPOTTS MOVED TO APPROVE THE ZONE CHANGE REQUEST BY WAPITI PARK CAMPGRt3UND FROM R-1B/SINGLE FAMILY RESIDENTIAL TO C-3/HIGHWAY COMMERCIAL BY WAPITI PARK BASED ON THE RATIONALE IN STAFF'S MEMO DATED 4/28/92 AND THAT IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN. The motion failed for a lack of a second. COMMISSIONER SPOTTS MOVED TO DENY THE ZONE CHANGE REQUEST BY WAPITI PARK CAMPGC]UNt7 FROM R-1B SINGLE FAMILY RESIDENTIAL TO C-3/HIGHWAY COMMERCIAL AS IT IS NOT CONSISTENT WITH THE GOALS OF THE COMPREHENSIVE PLAN. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 13. Discussion Regarding Rezoning Custom Motors Junkyard Steve Rohlf, Building and Zoning Administrator, explained that the City Council at their May 18th meeting directed staff to have the Planning Commission review and make a recommendation on whether or not a zone change for the junkyard from I-1 to R-lb should be initiated by the City so as to be consistent with the land use map designation of Medium Density Residential. Mr. Rohlf stated this would start a 5 year amortization of the junkyard. Currently, the junkyard is nonconforming . because they are in violation of their original conditional use permit due to lack screening. The City Council has ordered the Custom Motors junkyard to be screened within 60 days. City Council Minutes July 20, 1992 Page 2 • '" Dr. Flannery and Don Heinzman, Rotary Club members, presented a Sister City Proposal to the City Council. A request was made for the City of Elk River to join the City of Nuevo Gaulcho in E1 Salvador in the Sister City Program. It was noted by both Dr. Flannery and Don Heinzman that the Sister City relationship would not require the City of Elk River to contribute any type of money to the project. it was the consensus of the City Council to draft a resolution in support of the Sister City program. COUNCILMEMBER KROPUENSKE MOVED TO WORK WITH THE ELK RIVER ROTARY CLUB IN ESTABLISHING A SISTER CITY RELATIONSHIP WITH THE CITY OF NUEVO GAULCHO IN EL SALVADOR. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Westwood/Eleanor Todahl Eleanor Todahl informed the Council that the citizens of Westwood were under the .impression that the Westwood Project would include the installation of street lights. She stated that after talking to-the Elk River Utilities, she was informed that it would be three to five years before the area receives street lights. Mayor Tralle explained that the street lights are funded by the Elk River Municipal Utilities and that there is a three member Committee formed that determines which street lights will be installed each year. He indicated that the Utilities allow for 15 lights per year to be installed. • Eleanor Todahl stated that when the City Council is doing a project, they should including street lights as part of the project. She indicated that if the City could not afford to pay for the street lights, it could be added to the assessment Mayor Tralle indicated that the City Council would take this suggestion into consideration for future improvement projects. Drainage - Tom Brindamour Tom Brindamour indicated that he was having a drainage, problem at Highland and Lowell. He stated that as of July 11, he has had water standing where he has never experienced this previously. The City Council requested the City Engineer to work with Tom Brindamour on this matter. 5.1. Consider Zone Change Wapiti Park R-lb to C-3/Public Hearing.- . Withdrawn Steve Rohlf, Building and Zoning Administrator, indicated that the petitioners have withdrawn their original request to have the property considered for C-3 Highway Commercial. He stated that they are now requesting to have the property considered for rezoning to PUD with an underlying land use of Highway Business. This request will be heard by the Planning Commission at the July 28 meeting before Council . consideration. 5.2. Vance Zehringer Interpretation • MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY JULY 28, 1992 Members Present: Chairman Nadeau, Commissioners Tveite, Minton, Eberley, and Johnson Members Absent: Commissioner Spotts and VanValkenburg Staff Present: Stephen Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistant; Sharon Maue, Building & Zoning Secretary; and Peter Beck, City Attorney 1. Pursuant to due call and notice thereof; the meeting of the Elk River Planning Commission was called to order at 7:00 p.m. by Chairman Nadeau. 2. Consider 7/28/92 Planning Commission_Agenda Stephen Rohlf, Building and Zoning Administrator added the following items to the agenda: Item 11.1 "Planning Commission Budget" and Item 11.2 "History Tour." COMMISSIONER MINTON MOVED TO APPROVE THE 7/28/92 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 6/23/92 Planning Commission Minutes The following amendments were made to the minutes: Page 6, add to motion "based on the findings of fact for a conditional use permit." Page 15, delete wording "Commissioner Minton and Commissioner Tveite agreed to do some additional research and bring data back for a workshop discussion item." COMMISSIONER TVEITE MOVED TO APPROVE THE 6/23/92 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 3-0-2. Commissioner Johnson and Chairman Nadeau abstained from the vote as they were not present at the 6/23192 meeting. 4. Planning Commission Representative to Attend 8/17/92 City Council Meeting It was indicated that Chairman Nadeau would attend the 8/17/92 City Council meeting. 5. Consider a Zone Change Request (R-lb to PUD) by ~r7apit Park/P.H. Steve Rohlf, Building and Zoning Administrator, stated that Wapiti Park has revised their original request to include rezoning to a PUD • (Planned Unit Development} with an underling land use of HB/Highway Business. They had originally requested a C-3/Highway Commercial zoning. Staff is recommending denial of the request because the request is not consistent with the goals of the Comprehensive Plan. Planning Commission Minutes July 28, 1992 Page 2 • Mr. Rohlf further stated that Ms. White does have reasonable use of her property as currently the lot contains the offices for Wapiti Park Campground. Virgil Herrick, Attorney representing the applicant, stated that Ms. White can not develop her property under the present zoning because of the uses adjacent to her property.. The petitioners feel that there would be an advantage to zoning the property to a PUD; it would protect the current land owners by limiting the permitted uses that would be normally allowed under the C-3 Highway Commercial zoning. He further stated that this would give the City more control as far as density, setbacks, how many units and where they would be located, etc. The applicants are asking the Planning Commission to consider a PUD zoning. They feel their request is consistent with the Comprehensive Plan because the Plan had evaluated Ms. White's property as a potential commercial site. They further argued that the property was not suited for residential. zoning due to its location next to Highway 10, the Custom Motors junkyard as well as the Sherburne County Government Center. Chairman Nadeau opened the public hearing. Carol Buscheck passed out a four page excerpt from the Comprehensive Plan which showed the three possible zoning designations for Ms. • White's property. After discussion of this issue, it was the general consensus of the Planning Commission that this request would constitute spot zoning and was not consistent with the Comprehensive Plan which has identified this area as residential property. Chairman Nadeau closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE REQUEST BECAUSE THE REQUEST IS NOT CONSISTENT WITH THE LAND USE PLAN AND THE GOALS OF THE COMPREHENSIVE PLAN CITING STAFF MEMOS DATED 4/20/92 AND 7/20/92. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Consider a Variance Request (Front Yard Setback) by Ren Dehn Jr/P.H. Janelle Szklaraki, Zoning Assistant, stated that the applicant is requesting a 13 ft. variance from the required 30 ft. front yard setback in order to construct a 10' by 12' entryway addition. Currently, the existing house is 27 ft. from the front property line, and therefore, encroaches on the required front yard setback. Staff is recommending denial of the variance request for the front yard setback encroachment as staff feels that the request does not meet the five standards for a variance. • Chairman Nadeau opened the public hearing. Ken Dehn stated that one of the reasons they wanted to add the entry in front of their house is because they have a split entry with a very City Council Minutes -Page 5 Auqust 17, 1992 6.1. Zone Change/Wapiti Park R--ib to PUD/Public Hearing Steve Rohlf, Building and Zoning Administrator, stated that wagit Park Campground is requesting a zone change from R-lb/Single Family to PUD/Planned Unit Development with an underlying land use of Highway Business. -The original request was to zone change the property to C-3/Highway Commercial, but has-been revised to request a zone change to PUD. Vice Mayor Holmgren opened the public hearing. Dick Swenson stated that he was the realtor for a client who has proposed to purchase the property for an RV Sales lot. Mr. Swenson indicated that the junkyard located next to the campground was a major concern. He indicated that the funds that. were supposed to be available through MnDOT to screen or remove the junkyard are not available. He further indicated that the property would not be conducive to single family residential homes and requested- the Council to consider the. zone change to PUD. Mr. Virgil Herrick stated that he was the attorney representing .the property owner and petitioner for the zone change.- Mr. Herrick stated that he property in question cannot be used or developed under its present zoning. He indicated that it was poor planning to have single family homes adjacent to a four-lane highway. He questioned whether a developer would be able to receive financing for a residential development proposal and also whether a buyer could receive .mortgage money to build a home in that area. Mr. Herrick stated that the area is of mixed zoning. He stated that there are no funds available to eliminate the junkyard and even if there were money available, it would take several years to accomplish. He further indicated that the Growth Management Plan lists the property as potential commercial development. He indicated that the change he is suggesting is consistent with the overall plan and not inconsistent with zoning and the neighborhood. Carol Buschick stated that she is the property owner's realtor. She indicated that the current buyer is not objecting to the junkyard. She further indicated that the junkyard, according to MnDOT and the Environmental Quality Board, is not eligible for any funding for fencing or relocation. She stated that a majority Qf the current junkyards are opting for screening as opposed to relocation. She indicated that a junkyard is not an acceptable environment for single family homes. There being no further comments, Vice Mayor Holmgren closed the public hearing. Al Nadeau, Planning Commission Representative, indicated -that the planning Commission recommended to deny the zone change as it appeared to be spot zoning. Vice Mayor Holmgren stated that junkyards affect the value of property. City Council Minutes Page 6 August 17, 1992 Councilmember Schuldt stated that the underlying land use for the area is medium density residential. He pointed out that a new house has been built in the area and further that there is a new single family plat proposed for the area. Councilmember Schuldt stated that the junkyard was in existence before the property was purchased. He indicated that the Council must decide what is best for the future of Elk River and not to search for something that is' compatible with. the junkyard. He stated that the City should ultimately strive to eliminate the junkyard. He stated that when the junkyard problem is resolved, the area will continue to develop into residential homes, especially with sewer and water available. Councilmember Kropuenske stated that he does not feel the property is compatible. as residential at the present time, however, he feels to rezone the property to commercial use would be adding more problems to Highway 10. He indicated that the real problem is the junkyard. Councilmember Dietz indicated that the- property is in a residential area and stated that he concurred with Councilmembers Schuldt and Kropuenske. Vice Mayor Holmgren stated that he would be in favor of the zone change and indicated that the campground and the proposed recreational sales would fit together well. COUNCILMEMSER KROPUENSKE MOVED TO DIRECT STAFF TO PREPARE A RESOLUTION STATING THE FINDINGS FOR THE DENIAL OF THE ZONE CHANGE REQUEST FROM R-1B TO PUD TO BE FRESENTED AT THE NEXT CITY COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-1. Vice Mayor Holmgren opposed. 6.2. Ordinance Amendment City of Elk River Section 900.22 Sign Regulations/Public Hearing Janelle Szklarski indicated that the Planning Commission reviewed .four areas of the sign ordinance. The areas that were reviewed were temporary off-premise signs for nonprof-it groups, window ,signs, off-premise directional signs, and large commercial signs. Because ail of the ordinance amendments under this section were related, only one public hearing was held for ail the ordinance amendments. Vice Mayor Holmgren opened the public hearing. There being no one for or against the matters, Vice Mayor Holmgren closed the public hearing. Al Nadeau, Planning Commission Representative, stated that - the temporary nonprofit signs were. not previousiy addressed in the sign ordinance. He stated that the Planning Commission recommended that temporary nonprofit signs be 32 square feet in size which is the same as other Commission temporary signs, and further stated that .the Plan recommended that these signs be limited to four signs ning per event. City Council Minutes August 31, 1992 Page 2 • IN THE MATTER OF THE MAIN STREET BRIDGE REPLACEMENT IMPROVEMENT OF 1992. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Speed Study Request The Police Chief requested Council consideration of a speed study for County Road 1 due to the construction of the new Meadowvale School on County Road 1. Because this is a County Road, the request to MNDOT must come from Sherburne County. COUNCILMEMBER RROPUENSKE MOVED, TO ADOPT RESOLUTION 92-82, A RESOLUTION REQUESTING SHERBURNE COUNTY TO REQUEST THE COMMISSIONER OF TRANSPORTATION TO STUDY COUNTY ROAD 1 IN THE CITY OF ELR RIVER FOR THE PURPOSE OF ESTABLISHING A SPEED ZONE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Charitable Gambling Request/Celebrity Bowl Charities The City Clerk indicated that Eik River Bowl is requesting a premise permit to allow Celebrity Bowl Charities to operate Class B charitable gambling (pull tabs) from Elk River Bowl. She indicated that the current organization operating charitable gambling from Elk River Bowl is the Elk River-Rogers VFW. The VFW lease expires on November 30. John Lever, representative of Celebrity Bowl Charities stated that the organization is a nonprofit (501C3) organization and intends to spend 80$ of the gambling profits to benefit youth programs within the city's trade area. George Larson, Proprietor of Elk River Bowl indicated that this organization will allow more money to be spent on Junior Bowling Programs. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 92-83, A RESOLUTION APPROVING PREMISE PERMIT APPLICATION FOR CELEBRITY BOWL CHARITIES, INC. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Resolution of Denial for Wapiti ~~ Zb~ie Change Request Pat Rlaers, City Administrator, indicated that the Council recently held a public hearing far the rezoning of a portion of the Wapiti Park CamgrountI property. Following the public hearing and consideration of the zone change the Council directed the City Attorney to draft a -- resolution of denial for the zone change. The Council reviewed the draft resolution of denial. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 92-84, A RESOLUTION DENYING REZONING AND LAND USE MAP CHANGE FOR WAPITI PARIS CAMPGROUND FROPERTY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Holmgren opposed. 5.5. Authorization to Purchase Com uter Equipment Lori Johnson, Finance Director, requested authorization to purchase a new personal computer for her office. She indicated that her present MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 5, 1997 Members Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and Holmgren Members Absent: None Staff Present: Pat K{aers, City Administrator; Sandra Thackeray, City Clerk; Terry Maurer, City Engineer; Tom Zerwas, Police Chief; Lori Johnson, Assistant City Administrator Also Present: Dana Anderson, Park and Recreation Commission Chair Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Duitsman. 2. Consider Aaenda COUNCILMEMBER FAR8ER MOVED TO APPROVE THE MAY 5, 1997, CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda In regard to Item 3.3 Councilmember Dietz questioned whether all operations taking place at wapiti Park were legal. The City Clerk indicated that all is legal according to requirements for a Consumption and Display License. It was the consensus of the Council to review conditions at wapi#i Park at a future Council meeting. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. CHECK REGISTER -APPROVED 3.2. 4/28/97 COUNCIL MINUTES -APPROVED 3.3. CONSUMPTION AND DISPLAY LICENSE FOR WAPITI PARK -APPROVED 3.4. AUTHORITATION TO LEASE COPY MACHINE FOR BUILDING DEPARTMENT - APPROVED 3.5. SPECIAL CITY COUNCIL MEETING CALLED FOR MAY 12, 1997, IMMEDIATELY FOLLOWING THE EDA MEETING TO DISCUSS EASTERN ELK RIVER PLANNING STUDY -APPROVED COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes August 17. 1998 Page 2 3.9. CITY OF ELK RIVER AMENDMENT TO SUBDIVISION ORDINANCE FOR OPEN SPACE SUBDIVISION REGULATION - OA 98-3 -POSTPONED TO 9/21/98 - APPROVED 3.10. CARGILL APPEAL TO BUIIDNG PERMIT DENIAL - GP 98-1 -POSTPONED TO 9/21/98 -APPROVED 3.i 1. TIM SMITH ADMINISTRATIVE SUBDIVISION - AS 98.5 -WITHDRAWN - APPROVED 3.12. 3.2% ON SALE BEER LICENSE FOR DADDY O'S CAFE -APPROVED 3.i3. MECHANICAL AMUSEMENT DEVICE LICENSE FOR DADDY O'S CAFE - APPROVED 3.14. EXEMPTION FROM LAWFUL GAMBLING PERMIT FOR ELK R[VER AREA WOMEN OF TODAY -APPROVED 3.15. CALL SPECIAL CITY COUNCIL MEETING FOR AUGUST 31, 1998, 6 PM TO HOLD A COUNCIL WORKSESSION ON 1999 BUDGET -APPROVED 3.16. ORDINANCE 98.14 AMENDING SECTION 200 OF THE CITY CODE OF ORDINANCES PERTAINING TO CITY COUNCIL MEETINGS -APPROVED RESOLUTION 98-89 ESTABLISHING THE MEETING TIME FOR THE REGULAR CITY COUNCIL MEETINGS -APPROVED 3.17. PAY ESTIMATES: a. #1 TO BAUERLY BROTHERS, INC. FOR THE 1998 OVERLAY PROJECT IN THE AMOUNT OF $43,812.16 -APPROVED b. #1 TO HARDRIVES, INC. FOR THE TH 10/UPLAND AVENUE SIGNAL IMPROVEMENTS IN THE AMOUNT OF $110,611.47 -APPROVED c. #1 TO RED STONE CONSTRUCTION COMPANY, INC. FOR THE BOSTON STREET, RAILROAD DRIVE, GUARDIAN ANGEIS AND JACKSON/HOLT IMPROVEMENTS IN THE AMOUNT OF $128,369.76 -APPROVED d. #3 TO RICHARD KNUTSON, INC. FOR WORK COMPLETED ON BUSINESS CENTER DRIVE IN THE AMOUNT OF $37,107.57 -APPROVED e. FINAL PAY ESTIMATE FOR THE 197TM SIGNAL IMPROVEMENT TO COLLESYS IN THE AMOUNT OF $27,198.27 -APPROVED 3.18. TRANSFER OF WINE LICENSE FOR CHIN YUEN RESTAURANT -WITHDRAWN COUNCiLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Fire Department Open House Update Fire Chief Bruce West informed the Council that the Elk River Fire Department and Ambulance Service will hold its annual Fire Department Open House and Dance on September 19, 1998. 4.2. Wapiti Park Campground Update Building and Zoning Administrator Steve Rohlf introduced the new owners of Wapiti Park. He indicated that campgrounds are no longer allowed in the R1 b zone, but Wapiti Park is legally grandfathered in as a nonconforming use. Steve Rohlf indicated that the owners of Wapiti Park, Mike and Anita Glenn, have agreed to comply with the city's requirements to ensure that the recreational vehicles in Wapiti larl~ meet the definition in state statutes. Steve Rohlf stated that Mr. and Mrs. Glenn will be sending out a notice to all Wapiti Park Campground campers and residents informing them of these requirements. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE RECOMMENDATION MADE BY THE BUILDING AND ZONING ADMINISTRATOR AS INDICATED IN HIS MEMO DATED Elk River City Council Minutes August 17. 1998 Page 3 AUGUST 17, 1998. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.3. Lake Orono Project Updafe Building and Zoning Administrator Steve Rohlf showed a video explaining fhe Lake Orono sediment removal project. Following the video Steve Rohlf requested Council approval to conduct a clean up of the dredged Lake Orono allowing lake homeowners to bring in debris from the lake such as tires, scrap metal, brush, etc. COUNCILMEMBER FARBER MOVED TO AUTHORIZE A CLEAN UP TO ALLOW LAKE OWNER RESIDENTS TO BRING IN DEBRIS FROM THE LAKE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED S-0. 4.4. Utilities Commission Update Utilities General Manger Bryan Adams updated the Council on issues discussed at the August 11 Utilities Commission meeting. 4.5. Boys and Girls Club Update Councilmember Thompson updated the Council on the progress of the Boys & Girls Club. He indicated that construction is anticipated to begin very soon. 4.6. Community Recreation Board Update Community Recreation Director Jeff Asfahl updated the City Council on issues discussed at recent Community Recreation Board meetings. Jetf also updated the Council on Youthbound, Youth Initiatives, Skatepark, and BMX biking. 4.7. Purchase of Optical Scan Voting Machines City Clerk Sandra Peine indicated that the city has budgeted for the purchase of four optical scan voting machines at an amount of $23,700. She indicated that the machines cost approximately $6,200 each, excluding tax and shipping.- She further stated that the city will receive a reimbursement from Sherburne County in the amount of $4,000 following purchase of the machines. The City Clerk requested the Council to authorize the use of the optical scan precinct counters at the general election on November 3, 1998. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE PURCHASE OF FOUR ES&S 100 OPTICAL SCAN VOTING MACHINES FROM ELECTION SYSTEMS AND SOFTWARE AT A PURCHASE PRICE NOT TO EXCEED $24,800 EXCLUDING TAX AND SHIPPING WITH FUNDING TO COME FROM THE CAPITAL OUTLAY BUDGET AND TO AUTHORIZE THE USE OF THE MACHINES A7 THE GENERAL ELECTION ON NOVEMBER 3, 1998. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. a~ Elk" River BACKGROUND ITEM 4.2. MEMORANDUM TO: FROM: DATE: CITY COUNCIL STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR AUGUST 17,1998 ~ ~- SUBJECT: WAPITI PARK CAMPGROUND 1983 The «apiti Park property was rezoned from A-1/Agriculatural to R-lb/Single Family residential in 1983. An ordinance amendment was also passed to allow campgrounds as a conditional use in the R-lb Zone. ~~- a~iti Park became anon-conforming use because it had not gone through the conditional use process (assumed legally grandfathered-in). March 19, 1984 The Elk River City Council approved a conditional use permit for ~~~apiti 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 following: 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: (612) 441-7420 • Fax: (612) 44]-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 (Mav ,1998 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 V~'apiti Park was tested for fecal coliforms in the summer of 1997. Slightly elevated fecal counts were observed down stream of Wapiti Fark as opposed to upstream. Fecal streptococci was analyzed, which revealed that the elevated levels of fecal coliform downstream of Wapiti were of animal origin. «'apiti 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 tv spring flooding or an emergency plan must be in place to remove them within 6 hours of notification. 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 1001b.) • not have any permanent additions. RECOMMENDATION 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 six 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 of ten 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 staffs 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. WAPITI-PARK CAMPGROUND ELK RIVER, MN. NOTICE There will be some changes made here at the park due to an agreement with the City of Elk River. Everyone will be in compliance with these changes by the end of~~e~, and there will be NO EXCEPTIONS. a°~° g ~~ 1. Skirting is allowed, but wheels must be left on the recreational vehicles. 2. One screen porch or breezeway is allowed per site not to exceed 120 square feet in roof area. These structures shall not be attached to the recreational vehicle and can not contain built in wiring. 3. One storage shed is allowed per site not to exceed 120 square feet of roof area and must be temporarily anchored. 4. Existing structures that exceed the 120 square feet requirement shall be reduced in size or removed. DEBRIS FROM STRUCTURES REMOVED WILL NOT BE THROWN IN OUR DUMPSTERS. 5. One dog kennel per lot of 120 square feet or less is allowed. 6. All structures in the floodplain: breezeways, porches, sheds, kennels, and recreational vehicles shall be constructed and/or maintained so that they can be immediately removed from the floodplain in case of a pending flood. 7. No wood burning stoves are allowed. 8. No more than two vehicles are allowed per lot, both of which must be licensed and operable. 9. Any improvements to the sites, such as fire-rings, walkways, patios, flower beds, etc., will^be removed when the site is vacated. N, oT If you have any questions or concerns please contact the management. Thank you for your cooperation. Mike and Nita Glenn ZDJRD - ___ .- ~---- ~ __.._.. \ - __ E G' wv LE OqO, I T ~ I ~ / 202ND / {II~ , • ~ ~ ~I 201ST ~ -- ----- -- - - - i ~ - R A~~'~ • 200TH ~ .. ~ ~ <' `, • P ~ a d' rov ~ ~ I W~ 199TH ~ _ _ _ . - ~ ~,;`~ i , 198TH • •t ~~ A7, E ~ ~. ` ~ • ~ . ~ ~ - : 197TH ~ ~ ~ 0 ~T~ . _..- _ ~ ~„ +.L , e .. , - - ~A... 7°ro y A` _ Yom:.. -r! aTr •-' 194TH-- ' ~ ' x • v, o \ YI 1` . ~ ~ WAPI'~1 AM a P~x .--- ~~4~. , ~~~~' - _ • ~.•.:-- '192ND ~ 0' _-~-~~ I - ~ I ~ ~ vEr ~~ I ~ -~~_ i cnr> vaax II ~ h +,-.• 191ST 0• __-~-~` '.E~~>In L ,f;K.,. 190,TH •I" ~ i a sTH DIT H ~ ~ ? :~ • - i - .~ •.v _. 0 L 'eks z!"I ~ J r--• 'i T 89TH I 1 r 188TH i I I I I.I ~ QO 1 °" O uxE O I ~ ~~ i I ° o ~ ~ 187TH .~ ~ ORONO _ _~~ ~ _ ~ y ---1 - - ------- _.~ i ~~ ,~ x 188TH ~ j ~ ~I ~ %'~ -~. ..~, ~ 1 I I I ~. PNK O A ~~~ i i ~ II 1 &5TH -""fir3,'~s'=--- ~, I ~ f ~ I ON "'~ - r uxE -- .Q ~qK ~ o` ORONO ~n C' P ~!~ 1 84TH a.,,. I w,wi °p~q wa na r~is ~. ., I r~~ ~ cawr ~' CRO Bi:Sl~f `=' ao~a rwu 183RD i ~~ ' I ~ ~ 3fCOND ADD lON ~ ~~O .. I *4 el~i '® ~ . Q IYllt Ir ~ 7~:~" f _ ~ 'I 182ND- . l~ . •~. TlWJOV 1 181ST ' V°0'r C011R -- - i - - - - - - --- R v~g41E E OHi 'R V W- _ 1801H D -! -- .\~ `~ i n9TH O d ~~ i . »mm,,, -\ ~~ / j `\ • - - ~ - _.( ~h f ~~~ % O 1 ~~'~/ ~~ Elk River City Council Minutes September 21. 1998 Page 3 Feasibility Study has identified the need for a central maintenance facility located midway along the corridor west of the station. He indicated that Elk River has been tentatively identified as a possible location for this facility. 4.6. Great River Roundtable Doug Clark from the Great River~Roundtable introduced himself. He indicated that the Great River Roundtable is an independent not-for-profit organization composed of citizens from Steams, Sherburne, and Benton counties. He indicated that the Great River Roundtable also works with the St. Cloud Area Joint Planning District. The purpose of the organization is to identify and set priorities of where we want our communities to go in the next fifty years and how we will get there. He indicated that the Great River Roundtable will be holding several meetings in the three county area, including Elk River on October 5, 1998, at 7 p.m., and invited the members of the Council to attend. 4.7. School Street Improvement Proiect Mayor Duitsman indicated that this item has been withdrawn. 4.8. Update on Lake Orono Protect Building and Zoning Administrator Steve Rohlf updated the City Council on the progress of the Lake Orono Sedimentation Removal project. He indicated the project is on schedule and will be completed by the end of October: 4.9. Wapiti Park Campground Building and Zoning Administrator Steve Rohff informed the Council that staff is continuing to work with the owners of Wapiti Park. The owners have been very cooperative and staff anticipates that the park will be in compliance with the conditions set by the Council by October 31. 4.10. Consider Purchase of Building Inspector Truck Building and Zoning Administrator Steve Rohlf informed the Council that the Building and Zoning department requesting to purchase a four wheel drive truck. He reviewed the reasons why he felt a four wheel drive was necessary for the department. Mayor Duitsman indicated that the two four wheel drive trucks already currently available in the department are adequate. Councilmember Dietz concurred with the Mayor, however he questioned what the Building and Zoning Administrator could cut in his budget to cover the added cost of a four wheel drive vehicle. Steve Rohlf indicated that he would be willing to cut the 1998 and 1999 Building and Zoning Administrator National Conferences. It was the consensus of the Council to make no decision on this issue until the City Administrator is present to further discuss the issue. COUNCILMEMBER DIETZ MOVED TO TABLE THIS ISSUE TO SEPTEMBER 28, 1948. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. ITEM # 4.9. ~ MEMORANDUM ver TO: FROM: STEPHEN ROHLF, BUILDING ANA I ZONING ADMINISTRATOR DATE: SEPTEMBER 21,1998 S/Z SUBJECT: UPDATE ON WAPITI PARK CITY COUNCIL CAMPGROUND Jay Carlson of the Building and Zoning Department has been working with the owner Wapiti Park Campground to bring this facility in compliance with what was agreed tc recent Council meeting. Mr. Carlson red tagged for removal or repair, twenty non- conforming structures within the park. These structures were non-conforming due to size, being unsafe (structurally, woodstoves, etc.) or being within the floodway of the River. Staff anticipates the park being in compliance with the conditions set by the Council by the October 31 ~` deadline. 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fay r Planning Commission Minutes March 28, 2000 Page 9 COMMISSIONER PEDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY NATURE'S HIDEAWAY FOR A CONDITIONAL USE PERMIT TO ALLOW FULL LIQUOR SERVICE AT THE ELK RIVER COUNTRY CLUB SITE, PUBLIC HEARING CASE NO. CU 00-8, WITH THE FOLLOWING CONDITION: 1. THE APPLICANT SHALL COMPLY WITH THE CITY'S LIQUOR LICENSING REQUIREMENTS. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.6. Request by Wapiti Park Camparound to Rebuild Structure, Public Hearina Case No. CU 00-6 Staff report by Michele McPherson. Wapiti Park Campground is requesting a conditional use permit to allow reconstruction of a 30 ft. x 55 ft. structure to be used for laundry, office, and assembly. Ms. McPherson explained that Wapiti Parr has been in existence prior to the incorporation of the City and Township. In 1983, the parcel was rezoned from Agricultural to R 1 b {Single Family Residential) and the campgrounds became a conditional use. Later, campgrounds were removed from the district and wapiti Park became a legal, nonconforming use. In November 1999, the existing structure burned completely down and, by ordinance, they are not allowed to rebuild. Anew ordinance does, however, allows interim uses. Since the applicant has indicated that the campground will likely continue for 10 years (or less, depending on future assessments for water and sewer), the Planning Commission is asked to consider the applicants' request to rebuild as an interim use. Ms. McPherson noted that staff does have a concern regarding use of the proposed building for consumption of alcohol, since the site has both a 3.2 beer (off and on-sale) and setup license. Staff recommends approval of the request as an interim use, with a condition that the approval is valid for ten years or until the property is redeveloped, whichever is sooner, and an additional condition that the structure comply with all requirements of the Chief Building Official. Ms. McPherson noted that staff is recommending that the campground be considered an interim use. Chair Mesich asked if parking was provided. Ms. McPherson explained that it was her understating most of the residents/guests walked to the site, but that there was parking available around the building. Chair Mesich opened the public hearing. Mike Glen, 18746 Troy Street, applicant, stated that there is a 60' x 120' area designated for parking. Mr. Glen noted that the police have never been out to the site to check on underage drinking. He is not aware of a problem and that any underage youths consuming alcohol are escorted off the property. Chair Mesich asked if the building would have a bathroom. Ms. McPherson stated that there would be one bathroom with a shower facility. Chair Mesich • questioned if the gathering room would be one large room, with no separations. Ms. McPherson stated that it would be an open room. Planning Commission Minutes March 28, 2000 Page 10 • Mr. Glen stated that the previous building was used by the morning "coffee klatch" and later in the day, friends would gather for a beer. He stated that children come in an out for pop and ice cream. Commissioner Schuster asked how the interim use is established. Ms. McPherson explained that an interim use is a special CUP, clearly identifying a date specific for termination of the use. She noted that if the property would be sold for residential use before the ten-year time period ends, the campground use would cease. Commissioner Pederson asked what would happen if the campground is still there is 10 years. Ms. McPherson stated that the applicant would need to come back to the City to request an amendment to the interim use. Chair Mesich felt that the applicant was granted a CUP, they should comply with the City's requirements, such as parking. He suggested an escrow could be required, if, in the future, the City felt the parking area needed to be improved. Commissioner Chambers stated he did not see a need to formally designate parking, since the building would be used mainly by the residents. Commissioner Schuster felt the parking situation was adequate, since it was mostly foot traffic to the si#e. Commissioner Saker expressed his agreement. He supported the new building as an improvement #o the site. • There being no further comments from the pub{ic, Chair Mesich closed the public hearing. COMMISSIONER SCHUSTER MOVED APPROVAL OF THE REQUEST BY WAPITI PARK CAMPGROUND FOR A CONDITIONAL USE PERMIT TO ALL RECONSTRUCTION OF A 30' X 55' STRUCTURE TO BE USED FOR LAUNDRY, OFFICE AND ASSEMBLY, PUBLIC HEARING CASE NO. CU 00-6, WITH THE FOLLOWING CONDITIONS: 1. THE APPROVAL IS VALID FOR TEN YEARS OR UNTIL THE PROPERTY IS REDEVELOPED, WHICHEVER IS SOONER. 2. THE STRUCTURE SHALL COMPLY WITH ALL THE REQUIREMENTS OF THE CHIEF BUILDING OFFICIAL. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.7. Request by Cit~of Elk River for Land Use Map Amendment for Tvler Street Properties, Public Hearing Case No. LU 00-3 5.8. Request by City of Elk River for Rezoning of Tvler Street Properties, Public Hearing Case No. ZC 00-1 d Staff report by Michele McPherson. The City of Elk River requests the rezoning and change of land use designations of remnant parcels along Tyler Street be approved. Ms. McPherson explained that the requests area "housekeeping" . issue as a result of the Tyler Street re-alignment, in order to provide consistency for the zoning districts along this street. Staff recommends approval of the rezonings Elk River City Council Minutes April 17, 2000 Page 10 Director of Planning Michele McPherson indicated that Nature's Hideaway is requesting approval of a conditional use permit to allow expansion of their existing liquor license to full service on sale liquor license. Michele reviewed the staff report on this issue. She noted that the Planning Commission recommended approval of the request. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE REQUEST FOR AN ON SALE LI9UOR LICENSE FOR NATURE'S HIDEAWAY AT ELK RIVER COUNTRY CLUB, WHICH IS AN EXPANSION OF THE EXISTING CONDITIONAL USE PERMIT, WITH THE FOLLOWING CONDITION: 1. THE APPLICANT COMPLIES WITH THE CITY'S LI6IUOR LICENSING RE6TUIREMENTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.9. Reauest by WG_piti Park Campground for Conditional Use Permit, Public Hearing, Case No. CU 00-6 Director of Planning Michele McPherson indicated that Wapiti Park Campground is requesting an interim use permit to allow reconstruction of a 30' x 55' structure to be used for laundry, office, and assembly at tiNapltl Park Campground located at 18746 Troy Street. She explained that the use of the property for a campground is a legal non-conforming use. She further noted that the Planning Commission recommended approval of the interim use based on the condition that approval is valid for ten years or until the property is redeveloped. The council suggested adding to that condition, "or until the property is sold." Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. The owners of the campground were present and had no objections with the conditions. COUNCILMEMBER THOMPSON MOVED TO GRANT THE INTERIM USE PERMIT TO WAPITI PARK CAMPGROUND TO ALLOW RECONSTRUCTION OF A 30'X55' STRUCTURE WITH THE FOLLOWING CONDITIONS: 1. THE APPROVAL IS VALID FOR TEN YEARS, UNTIL THE PROPERTY IS REDEVELOPED, OR UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. 2. THE BUILDING WILL COMPLY WITH THE RE6ZUIREMENTS OF THE CHIEF BUILDING OFFICIAL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. ._. ~. ;~fi item # 6.9. MEMORANDUM Request TO: Mayor and City Council FRAM: Michele McPherson'; Director of Planning DATE: April 12, 2Q04 SUBJECT: Case Number: CU 00-6 Request by Wapiti Park Campground to Rebuild Structure; Public Hearing 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 m Building Elevations Building Floor Pian • August 17, 1998 Memo from Steve Rohlf Overview 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 afiter 1984 and prior to 1998, campgrounds were removed from the district and Wapiti Park became a legal, nonconforming use. Merna 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 far water and street improvements. S#aff is concerned about the use of the proposed building for the consumption ofi alcoholic beverages. Since 1983, the site has held a 3.2 beer (on and off sale) 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. Plannin.g 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 Pag= 3 City Council Recommendation Staff recommends that the City Council concur with the Planning Commission recommendation and approve the request with the recommended conditions. City Council Miautes April 22, 2002 Page 3 The Council discussed the issue of usin~ St. Andrew's Church as a polling location. Following Counal discussion it was thel consensus of the Council that it would be best to use the Senior Center as a polling location for Precinct 4B. The City Clerk noted that the resolution would be amended to reflect!this change. COUNCILMEMBER TVEITE M D TO ADOPT RESOLUTION 02-37 DESIGNATING POLLING PLAC S FOR THE CITY OF ELK RIVER WITH THE AMENDMENT SHOWING HE SENIOR CENTER AS THE POLLING LOCATION FOR PRECINCT 4B. OUNCILMEMBER DIETZ SEGONDED THE MOTION. THE MOTION ED 4-0. 5.3. The Mayor noted that the Council previously requested that this item be revisited by the Council following a report from the Chef of Police of incidents that have taken place at Wapiti P during the past year. Chief Zerwas informed the Council tha~ the police department has received 8G calls for service to varying degrees over a 16-moth period, many of which were nuisance related. He also indicated that he has received complaints from citizens regarding noise. The Chief indicated that Ms. Glen is working with~the police department to try to get the situation ~I under control. Juanita Glen, ~~ apiri Park manager, info~rxned the Council that she has implemented rules for the campground and is attempting to gdt rid of the problem people. NIs. Glen handed out the campground rules to the Council. Mayor Klinzing indicated that it is the recommendation of the Chief of Police that Wapiti Park Campgrounds is put on notice tha there is currently a problem at the campground. Counciimember Dietz indicated that if ~he problem continues, the Council should consider not renewing the beer license that will bye due on July 1. Susan Sevruid, 5349 Park Avenue South,, Minneapolis, MN, stated that she keeps a motor home at the camp. She noted that not . 86 calls are related to the sale of beer and does not feel the 3.2 liquor license is the probletnj. She further noted that the camp is providing a place where low income working peopl~ can have a home that is respectable. Mayor Klinzing stated that ~t'apiti Park' is not ai, place for permanent living. COUNCILMEMBER TVEITE MO D TO APPROVE THE CONSUMPTION AND DISPLAY PERMIT FOR W ITI PARK CAMPGROUNDS WITH THE STIPULATION THAT THE CO CIL REVISITS THE ISSUE WHEN LIQUOR LICENSES ARE RENE DIN JUNE. COUNCILMEMBER KLTESTER SECONDED THE M©, ION. THE MOTION CARRIED 4-0. 5.4. City Administrator Pat Klaers addressed .the Council on issues relating to the building project. Items of review included the fo~lowing. • Emergenry Vehicle Flasher Requirement • Bid Alternate for the Roof i City Council Minutes June 10, 2002 Page ~ of the year so that new license fees are in place at the beginning of 2003. She also noted that liquor fee increases require a public hearing and notification of the hearing to all liquor licensees. The Clerk also noted that State Statute indicates that on-sale Liquor fees are intended to cover the costs of issuing, inspecting and other directly related costs of enforcement. It was the consensus of the Council that liquor fees and tobacco fees should be increased to meet the City's cost of enforcement. The Council authorized the City Clerk to have further research the cost of police enforcement related to liquor licenses. 5.4A. Renewal of Liquor Licenses The City Clerk presented the list of liquor Licenses for approval. She noted that all liquor fees have paid, and all licensing requirements have been met. COUNCILMEMBER TVEITE MOVED TO APPROVE THE LIQUOR LICENSE RENEWALS AS INDICATED ON THE STAFF REPORT. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.5. Consider Amendment to Animal Ordinance Relating to Kennels The City Clerk indicated that staff is requesting an amendment to Section 502 of the City Code pertaining to animals. She indicated that the amendment is necessary due to confusion in interpreting the ordinance. The existing ordinance indicates that a person can have 3 dogs or cats before a kennel license is required. The Clerk noted that the question always arises as to whether this means 3 dogs and 3 cats or a total of 3 animals. She noted that the proposed ordinance reflects that a kennel license is required for anything over 3 animals. Discussion vas held regarding the total number of 3 animals. The Council requested Staff to rewrite the ordinance using language that allows up to 4 animals, but no more than three dogs. 5.6. Consider Amendment to Billiard Hall Ordinance Council recently directed staff to revise the existing Billiard Hall Ordinance to allow the Council flexibility to extend the hours of operation beyond the 1:00 a.m. requirement through a conditional use permit. COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 02-10 AMENDING SECTION 712.10 OF THE CITY CODE RELATING TO BILLIARD HALLS. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.7. Consider Lease for House at Woodland Trails Park The City Administrator indicated that the City owns a house that has been rented out since it was purchased. He noted that the most recent renters have now moved out and the house is currently vacant. He indicated that the Mayor has suggested that the Council consider using the house as transitional housing by renting the house to a non-profit organization. Item ~~ 5.4A MEMORANDUM TO: Mayor and City Council FROM: Sandy Peine, City Clerk DATE: June 10, 2002 SUBJECT: Renewal of Liquor Licenses REQUEST Renewal of liquor licenses for the 2002-2003 licensing year APPLICANTS List of applicants is attached BACKGROUND Liquor licenses run from July 1 through June 30. All of the establishments must submit the appropriate documentation and license fees. Background checks are necessary for the renewals of on-sale, wine, and club licenses. ACTION REQUESTED Council motion to approve the liquor licenses as attached for the 2002-20031icensing year contingent upon the completion of background checks and that the applicants have submitted all materials. fiver MEMORANDUM TO: Mayor and City Council FROM: Sandra Peine, City Clerk DATE: June 10, 2002 SUBJECT: Wapiti Park The Council requested that the Wapiti Park issue be revisited prior to issuance of the 3.2% beer licenses. These licenses are now up for renewal. Chief Zerwas has indicated that there have been no noise or alcohol related complaints at Wapiti Park since the Council last reviewed this issue in Apri12002. City Council Minutes April 22, 2002 Page 3 The Council discussed the issue of using St. Andrew's Church as a polling location. Following Council discussion it was the consensus of the Council that it would be best to use the Senior Center as a polling location for Precinct 4B. The City Clerk noted that the resolution would be amended to reflect this change. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 02-37 DESIGNATING POLLING PLACES FOR THE CITY OF ELK RIVER WITH THE AMENDMENT SHOWING THE SENIOR CENTER AS THE POLLING LOCATION FOR PRECINCT 4B. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.3. Wapiti Park Consumption and Display Permit The Mayor noted that the Council previously requested that this item be revisited by the Council following a report from the Chief of Police of incidents that have taken place at Wapiti Park during the past year. Chief Zerwas informed the Council that the police department has received 86 calls for service to varying degrees over a 16-month period, many of which were nuisance related. He also indicated that he has received complaints from citizens regarding noise. The Chief indicated that Ms. Glen is working with the police department to try to get the situation under control. Juanita Glen, Wapiti Park manager, informed the Council that she has implemented rules for the campground and is attempting to get rid of the problem people. Ms. Glen handed out the campground rules to the Council. Mayor Klinzing indicated that it is the recommendation of the Chief of Police that Wapiti Park Campgrounds is put on notice that there is currently a problem at the campground. Councilmember Dietz indicated that if the problem continues, the Council should consider not renewing the beer license that will be due on July 1. Susan Sevruid, 5349 Park Avenue South, Minneapolis, MN, stated that she keeps a motor home at the camp. She noted that not all 86 calls are related to the sale of beer and does not feel the 3.2 liquor license is the problem. She further noted that the camp is providing a place where low income working people can have a home that is respectable. Mayor Klinzing stated that Wapiti Park is not a place for permanent living. COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONSUMPTION AND DISPLAY PERMIT FOR WAPITI PARK CAMPGROUNDS WITH THE STIPULATION THAT THE COUNCIL REVISITS THE ISSUE WHEN LIQUOR LICENSES ARE RENEWED IN JUNE. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.4. City Hall/Public Safety/Utilities Building Project Update City Administrator Pat Klaers addressed the Council on issues relating to the building project. Items of review included the following: • Emergency Vehicle Flasher Requirement • Bid Alternate for the Roof 2002-2003 Liquor License Renewals ESTABLISHMENT LICENSE TYPE AMOUNT DATE PAID American Legion Liquor On Sale $4,000 5/20/02 American Legion Sunday On Sale $200 5120/02 Applebee`s Liquor On Sale $4,000 5/20/02 Applebee's Sunday On Sale $200 5/20/02 Back to the Fifties Restaurant 3.2 Beer On Sale Appl not revd Broadway Bar & Pica Liquor On Sale $4,000 6/3/02 Broadway Bar & Pica Sunday On Sale $200 6/3/02 Buffalo Wild Wings, Inc. Liquor On Sale $4,000 5/9/02 Buffalo Wild Wings, Inc. Liquor Sunday $200 5/9/02 Coborn's Incorporated 3.2 Beer Off Sale $75 5/ 14/02 Cub Foods 3.2 Beer Off Sale $75 5/ 15/02 Daddy O's Cafe 3.2 Beer On Sale $225 5/28/02 Eagles Club Club $300 5/7/02 Eagles Club Sunday On Sale $200 5/7102 Elk River Bowl Liquor On Sale $4,000 6/3/02 Elk River Bowl Sunday On Sale $200 6/3/02 Eik River Country Club Liquor On-Sale $4,000 5/31/02 Elk River Country Club Liquor Sunday $200 5/31/02 Holiday Station Store #90 3.2 Beer Off Sale $75 5/28/02 LaRose's Pizza & Pasta 3.2 Beer On Sale $225 6/3/02 LaRose's Pisa & Pasta Strong Beer On $0 6/3/02 LaRose's Pizza & Pasta Wine $650 6/3/02 Mitch Miller's Olde Town Tavern & Grill 3.2 Beer Offsale $75 6/3/02 Mitch Miller's Olde Town Tavern & Grill Liquor On Sale $4,000 6/3/02 Mitch Miller's Olde Town Tavern & Grill Sunday On Sale $200 6/3/02 .. ~s.__ Werlnesrlnv, June OS, 2////2 Pnge / nj2 ESTABLISHMENT LICENSE TYPE AMOUNT DATE PAID Pinewood Golf Course 3.2 Beer On Saie $225 5/3/02 Pizza Hut 3.2 Beer On Sale $225 5/23/02 Sunshine Depot Liquor On Sale $4,000 6/3/02 Sunshine Depot Sunday On Sale $200 6/3/02 SuperAmerica #4338 3.2 Beer Off Sale $75 5/ 16/02 SuperAmerica #4470 3.2 Beer Off Sale $75 5/ 16/02 Time Out Restaurant & Sports Bar Liquor On Sale $4,000 5/22/02 Time Out Restaurant & Sports Bar Sunday On Sale $200 S/22/02 Wapiti Park Campground 3.2 Beer Off Sale $75 6/3/02 Wapiti Park Campground 3.2 Beer On Sale $225 6/3/02 Wednesday, June O.S, 2/I02 Pnge 2 of 2 2002-2003 LIQUOR LICENSE B.1 =Beer On Sale L =Liquor B.2 =Beer Off Sale S =Sunday T =Temporary Beer W =Wine C =Club 3.2% MALT BEVERAGE BEER ON SALE - $225.00/year License Number 1 Intentionally Blank Daddy O's Cafe B.1.02-2 LaRose's Pizza B.1.02-3 Pinewood Golf Course B.1.02-4 Pizza Hut B.1.02-4 Wapiti Park Camp Grounds B.1.02-6 3.2% MALT BEVERAGE BEER OFF SALE - $75.00/year Coborn's Incorporated B.2.02-1 Cub Foods B.2.02-2 Holiday Station Store #90 B.2.02-3 Mitch Miller's Olde Town Tavern and Grill B.2.02-4 Super America #4338 B.2.02-5 Super America #4470 B.2.02-6 Wapiti Park Camp Grounds B.2.02-7 TEMPORARY 3.2 PERCENT BEER - $20.00/day Elk River Area Chamber of Commerce -Lake Orono Park T-02-1 CLUB - $300.00 Eagles Club C-02-1 ON SALE LIQUOR- $4,000/year American Legion Post #112 L-02-1 Applebee's Neighborhood Grill & Bar L-02-2 Broadway Bar & Grill L-02-3 Buffalo Wild Wings L-02-4 Elk River Bowl L-02-5 Elk River Country Club L-02-6 License Number 7 Intentionally Blank Mitch Miller's Olde Town Tavern and Grill L-02-8 Sunshine Depot L-02-9 Time Out Restaurant L-02-10 ON_SALE SUNDAY - $200/Year American Legion Post #112 S-02-1 Applebee's Neighborhood Grill & Bar 5-02-2 Broadway Bar & Grill S-02-3 Buffalo Wild Wings S-02-4 Elk River Bowl S-02-5 Elk River Country Club S-02-6 Eagles Club S-02-7 Mitch Miller's Olde Town Tavern and Grill S-02-8 Sunshine Depot S-02-9 Time Out Restaurant S-02-10 WINE - $650/year LaRose's Pizza W-02-1 SET UP (Issued by State) Wapiti Park STRONG BEER (No fee) LaRose's Pizza & Pasta SB-02-1 Class 3 City 12 liquor licenses allowed City Council Minutes May 17, 2010 Page 10 6.2. Premises Permit for Zimmerman Fire Relief Association Ms. Allard presented the staff report. Mayor Klinzing noted how difficult it is to find local organizations to operate premises permits in the city due to them not being as profitable as they were at one time. Council agreed they would like to see an ordinance amendment that would allow any organization in the city's current trade area to be able to operate in the city. Councilmember Motin stated he would like to see preferential treatment given to an organization that is located in Elk River before it goes to the trade area. He also expressed concerns with the violations that occurred by the Zimmerman Fire Relief. Mayor Klinzing stated the violations were minor and asked staff to provide this data for current organizations operating in Elk River. Councilmember Motin asked what the city's rights are for denying permits once they are approved as they run perpetually under the new law. Ms. Allard stated she would check to see what right the city has for denying these applications. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 10-19 DENYING A PREMISES PERMIT TO THE ZIMMERMAN FIRE RELIEF ASSOCIATION. MOTION CARRIED 5-0. Dan Plude, Zimmerman Fire Relief Association -Stated the violations were minor. He further stated the Zimmerman Fire Relief Association would contribute funds to support the Elk River community. 6.3. Consumption and Displa~Permit Renewal - Vv aPiii Park Campground, Inc Ms. AIIard presented the staff report. Mayor Klinzing asked if anyone from the audience had a comment on this item. No one came forward. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 10-20 DENYING A CONSUMPTION AND DISPLAY PERMIT TO WAPITI PARK CAMPGROUND, INC. D$A/WAPITI PARK CAMPGROUND. MOTION CARRIED 5-0. 6.4. Police Department Award Chief Beahen presented his staff report and displayed the award received. Councilmember Zerwas thanked the chief for his work on this ordinance. Councilmember Gumphrey stated the chief did a good job on this ordinance. • REQUEST FOR ACTION To Item Number Ci Council 6.3. Agenda Section Meeting Date Prepared by Administration Ma 17, 2010 Tina Allard, Ci Clerk Item Description Reviewed by Consumption and Display Permit Renewal -Wapiti Paxk Lori ohnson, Ci Administrator Campground, Inc. Reviewed by Action Requested Staff recommends denial of the Consumption and Display permit to Wapiti Park Campground by resolution Background/Discussion Wapiti Park Campground, 19746 Troy Street NW, is requesting renewal of their Consumption and Display (C&D) permit. A C&D permit is issued by the State of Minnesota but requires Ciry Council approval prior to its issuance. The permit expired on March 31, 2010. The City received the request fox approval from the applicant in April. A C&D permit authorizes an establishment to serve liquids for the purpose of mixing with liquor that is brought in by a customer (commonly known as setups). The permit does not authorize the sale of intoxicating liquor. In reviewing the applicant's request for this permit, staff determined that the Interim Use Permit (IUP) for this property expired on April 17, 2010. An ILJP for the construction and operation of the main building housing the laundry, bar, and offices was approved in April 2000. The IUP was to expire upon 10 pears, upon redevelopment, or when ownership of the property transferred, whichever happened first. A letter was delivered to the applicant notifying them they needed to immediately stop the consumption and display of intoxicating liquor on the grounds that there is no C&D permit. The applicant was notified that staff would be recommending denial of the permit request because the interim use permit has expired and they could attend tonight's meeting to voice any comments. Wapiti currently holds valid 3.2 Percent On and Of£sale Malt Liquor licenses which are set to expire on June 30, 2010. The applicant was notified that staff would be recommending denial of these rwo licenses, based on the same grounds noted above, at the June 21, 2010 meeting. They were also notified that they could seek renewal of their IUP by contacting the Planning Division. S:\Public Bodies\Council\Council RCA\Licensing\Liquoz\2010\Wapiti CD Memo.doc Attachments ^ Resolution for Denial ^ August 17, 1998 Staff Report and Minutes ^ Aprii 12, 2000 Staff Report and Minutes ^ Interim Use Permit Action Motion by Second by ~jote FOltow Up S:\Aublic Bodies\Council\Council RCA\Licensing\Iequor\ZOIO\Wapiti CD Memo.doc RESOLUTION 10- A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION DENYING A CONSUMPTION AND DISPLAY PERMIT TO WAPITI PARK CAMPGROUND, INC. DBA WAPITI PARK CAMPGROUND WHEREAS, the City of Elk Rivex has received an application for renewal of a Consumption and Display Permit from Wapiti Park Campground, Inc., d/b/a Wapiti Park Campground; and WHEREAS, property owner Lorraine White had an Interim Use Permit (Case No. CU 00- G) that allowed for the construction and operation of a building housing a laundry, bar, and offices that could be used by campers; and WHEREAS, the Interim Use Permit was valid for ten years, until the property redeveloped, or until ownership of the property was transferred: whichever happened first; and WHEREAS, during a review of the Consumption and Display application the Ciry of Elk River determined that the Interim Use Permit for this property expired on April 17, 2010; and WHEREAS, property owner Lorraine White hasn't requested a renewal of the Interim Use Permit. NOW, THEREFORE, BE IT RESOLVED by the Ciry Council of the City of Elk River, Minnesota as follows: 1. The application from Lorraine White for a Consumption and Display Permit is denied. Passed and adopted this 17`'' day of May 2010. Stephanie Klinzing, Mayor ATTEST: Tina Allard, Ciry Clerk S:\Pub6c Bodies\Council\Resolutions\Wapiti Denial.doc r .~~{ city of ,~ ~~k~ ~iv~r BACKGROUND ~; ~ ITEM 4.2 - MEMORANDUM TO: CITY COUNCIL , FROM: STEPHEN ROHLF, BUILDING AND . ZONING ADMINISTRATOR ' DATE: AUGUST 17,1998 ~ ~- • SUB3ECT: WAPITI PARK CAMPGROUND ~ •~r . + -.; 1983 ~ ~ .. ~ ~ ~ ~• ~., ~. The Wapiti Park property was rezoned from A-1lAgriculatural to R-lb/Single Family residential in 1983. An ordinance amendment was also passed to allow campgrounds as a • conditional use in the R 1 b Zone. Wapiti Park became anon-conforming use.because it had not gone through the conditional use process (assumed legally grandfathered-in). 1Vlarch 19.1984 The Ells 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. Tt was acknowledged by the City Council that seasonal and monthly construction workers stay at the campground. Licenses were issued for the followinsr• Non-intoxicating malt liquor (3.2 beer) - on and off sate. Mechanical amusement devices (9 video games, 1 pinball machine, and 2 pool tables). Mav 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 440 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 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 yeazly license is required and only recreational vehicles are allowed. ~ . Council debates vestibules and decides to allow them as long as they aze portable. Statute does not allow them to be permanently attached to recreational vehicle. A set-uQlicense is also approved. Current~Vlav ,19981 - Campgrounds are no longer allowed in the R ib 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 Pazk was tested for fecal coliforms in the summer of 1997. Slightly elevated fecal counts were observed down stream. of Wapiti Pazk 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 yeaz: • 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. % - } 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 1001b.) • not have any permanent additions. RECOMMENDATION 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 clarif cations: • Because some of the guest at the campground are seasonal, staff is recommending that storage shear with a 120 squaze 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 flooaway 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 aze allowed in breezeways, porches or recreational vehicles. • That an emergency plan to remove all structures and recreational vehicles from the floodway upon si:- hours notice of a pending flood be submitted to staff for approval. • That all structures that do not conform to these rules or that aze 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 cuzTent owners of the park aze in agreement v~rith staff's recommendations and are prepazed 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 beat Monday night's meeting to discuss these issues further with the Council. Elk River City Council Minutes Page 2 Aueust 17. 1998 3.9. CITY OF ELK RIVER AMENDM ~NT TO SUBDIVISION ORDINANCE FOR OPEN SPACE SUBDIVISION REGUL ION - OA 98-3 -POSTPONED TO 9/21/98 - APPROVED 3.10. CARGILL APPEAL TO BUILDN PERMIT DEN1At - GP 98-1 3.11. 3.12. 3.13. 3.14. 3.15. 3.16. 9/2i/98 -APPROVED TIM SMITH ADMINISTRATIVE S BDI APPROVED 3.2% ON SALE BEER LICENSE R MECHANICAL AMUSEMENT D VI APPROVED - AS 98.5 - DADDY O'S CAFE - CE LICENSE FOR DAI EXEMPTION FROM LAWFUL G BLING PERMIT FOR OF TODAY -APPROVED - POSTPO ED TO ITHDR N - 'PR VED Y 'S CAFlt - RIYER AREA WOMEN CALL SPECIAL CITY COUNCIL M EYING FOR AUG ST 31, 1998, 6 PM TO HOLD A COUNCIL WORKSESSION ON 999 BUDGET - PPROVED ORDINANCE 98.14 AMENDING CTION 200 F THE CITY CODE OF ORDINANCES PERTAINING TO CI RESOLUTION 98-89 ESTABLISHING COUNCIL MEETINGS -APPROVED 3.17. PAY ESTIMATES: a. #1 TO BAUERLY BROTHERS, THE AMOUNT OF $43,812. b. #1 TO HARDRIVES, INC. F IMPROVEMENTS IN THE c. #1 TO RED STONE CO TR STREET, RAILROAD D VE, ~ COON MEETINGS -APPROVED iE ME 1NG TIME FOR THE REGULAR CITY :. FOR THE 1998 OVERLAY PROJECT IN APPROVED IE TH 10/UPLAND AVENUE SIGNAL NT OF $110,611.47 -APPROVED ON COMPANY, tNC. FOR THE BOSTON DIAN ANGELS AND JACKSON/HOLY IMPROVEMENTS IN HE AMOU OF $128,369.76 -APPROVED d. #3 TO RICHARD UTSON, INC. OR WORK COMPLETED ON BUSINESS CENTER DRIVE THE AMOUNT $37,107.57 -APPROVED e. FINAL PAY ES MATE FOR THE 19 SIGNAL IMPROVEMENT TO COLLISYS I THE AMOUNT OF $27, 98.27 -APPROVED 3.18. TRANSFER OF W LICENSE FOR CHIN YUE RESTAURANT • WITHDRAWN COUNCILMEMBER H LMGREN SECONDED THE MOTI N. THE MOTION CARRIED 5-0. 4.1. Fir a art en en Ouse date Fire Chief B ce West informed the Council that the Elk er Fire Department and Ambula a Service will hold its annual Fire Department O en Nouse and Dance on S~ ember 19, 1998. 4.2. Wapiti Park Campground Update Building and Zoning Administrator Steve Rohlf introduced the new owners of Wapiti Park. He indicated that campgrounds are no longer allowed in the Rlb zone, but Wapiti Park is legally grandfathered in as a nonconforming use. Steve Rohlf indicated that the owners of Wapiti Park, Mike and Anita Glenn, have agreed to comply with the city's requirements to ensure that the recreational vehicles in Wapiti Park meet the definition in state statutes. Steve Rohlf stated that Mr. and Mrs. Glenn will be sending out a notice to all Wapiti Park Campground campers and residents informing them of these requirements. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE RECOMMENDATION MADE BY THE BUILDING AND ZONING ADMINISTRATOR AS INDICATED IN HIS MEMO DATED Elk River City Council Minutes August 17. 1998 4.3. 4.4. 4.5. 4.6. 4.7. Page 3 AUGUST 17, 1998. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Lake Orono Project U date Building and Zo 'ng Administrator Steve Rohif showed ideo explaining the Lake Orono sediment moval project. Following the video teve Rohlf requested Council approval conduct a clean up of the dred ed Lake Orono allowing lake homeowners t bring in debris from the lake su as tires, scrap metal, brush, etc. COUNCILMEMBER FARB MOVED TO AUTHORIZE CLEAN UP TO ALLOW LAKE OWNER RESIDENTS TO BRI GIN DEBRIS FROM TH LAKE. COUNCIUNEMBER HOLMGREN SECONDED TH OTION. THE MOT N CARRIED 5-0. utilities Commission U date Utilities General Manger Bryan the August 11 Utilities Commiss the Council on issues discussed at Boys and girls Club Update Councilmember Thompson u Girls Ciub. He indicated that Council on the progress of the Boys ~. i is anticipated to begin very soon. Community Recreation Dire or Jeff Asfahl dated the City Council on issues discussed at recent Comm ity Recreation B and meetings. Jeff also updated the Council on Youthbou ,Youth Initiatives, atepark, and BMX biking. City Clerk Sandra Pei indicated that the city has dgeted for the purchase of four optical scan vo g machines at an amount of $ 3,700. She indicated that the machines cost pproximatefy $6,200 each, exciud g tax and shipping. She further stated th the city will receive a reimbursement rom Sherburne County in the amount of ,000 following purchase of the machin .The City Clerk requested the ouncil to authorize the use of the optical an precinct counters at the genera election on November 3, 1998. COUNCILM BER HOlMGREN MOVED TO AUTHORIZE THE PUR ASE OF FOUR ESBS 100 OPTICA SCAN VOTING MACHINES FROM EIECTlON SYSTEM AND SOFTWARE AT A PURC ASE PRICE NOT TO EXCEED $24,800 EXCLUDING TAX D SHIPPING WITH FUN ING TO COME FROM THE CAPITAL OUTLAY BUDGET AND O AUTHORIZE THE USE F THE MACHINES AT THE GENERAL ELECTION ON NOVEMBE 3, 1998. COUN LMEMBER FARBER SECONDED THE MOTION. THE MOTION CA IED 5-0. r -~ City of ~~ Elk i r R ve Request ~~o~~ MEMORANDUM Item # 6.9. TO: Mayor and City Council FROM: Michele McPherson`; Director ofi Planning DATE: Apri112, 2000 SUBJECT: Case Number: CU 00-6 Request by Wapiti Park Campground to Rebuild Structure; Public Hearing The applicant requests that a conditional use permit be granted to allow reconstruction of a 3t?' x 55' structure to be used for taundry, office, and assembly. The use of the property for a campground is a legal, non-conforming use. Location 18746 Troy Street Zoninc~Land Use R1 b (Single Family Dwelling)/MR (Medium Density Residential) Attachments , • Location Map • Site Pian • Building Elevations • Building Floor Plan • August 17, 1998 Memo from Steve Rohif Overview 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. 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (6l2} 441-7420 + Fax: (612) 441-7425 Memo to Mayor and City CouncillCU G, March 24, 2000 Paget 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 R1 b 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 a# 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 sale) 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 a!I compliance checks. Planning Commission Recommendation The Planning Commission considered this request an interim use and recommended to the Gity Gouncil 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 CounciV~ 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. ..._ ~. , . OWtAT A -~ K ~~ ~° 2 -1 I ~ ~ roc I t+~a,or t, n M M l~ l^' OYeIOI ~" • y t ~ ~ 0 ~ e~e[ieaoo sots aaee~ e~ ~~ ~~ Mol 'Qi' Q ,A" 1 A . s' . Lauer t oouet - etgetei ~ L { S ~ h 4 °' - ~ 1M y •"` a ~ • of C . l _.. r_ i ~ ~a I/, N\N\0 ur+r Dona . ~ -Nt ~ Ce0NR9~ cr 1 w~ ~ ww e ~ w• v PANC LAKE I t 11VL _ _, ~ , 'i City of ~' ~Ik fiver R 13065 Orono Parkway • P.O. Box 490 EIk River, MN 55330 LOCATION x MAP /@~ SASE: CU 00-6 1~ 35 tst>!es ldl'1'. u! the Twat t.,l~as cn U.S. tt! To Nfi~ Lacs t.gito 65 Miles t T n~np_. nlnM w..nw. . n~wM wlwM w. ...... 5 H r H T T; WEST ELEVATION . EAST ELEVATIQN tl-RIB STEEL '~21 CORNER TRIM '~i 67 TRANSITION TREM H-RtB STEEL WAINSC07 '#21 CORNER TRIM '#167 BASE TRIM II-RI8 STEEL '#21 CORNER TRIM '#167 TRANSITION TRIM it-RIB STEEL WAINSCOT '~21 CORNER TRIM . '167 BASE TRIM '- SOUTH ELEVATION NORTH ELEVATION . co r~- - 0 __. _- O --`- O O PORCH 42'x28'-6" ESTABLISHMENT FOR THE CONSUMP110N OF ALCOHOLIC BEVERAGES INTERIOR ~~AYOUT 2. $. SCALE: I ~ ~ ~ PORCH ~° ._......_ ~ n ._... ____ ~ .-.. a ___._ ._.._ _... ~ _.... Elk River City Council Minutes April 17.2000 Page 10 Director of Planning hele McPherson indicated that Nature's Hid away is requesting approval of a onditional use permit to allow expansio of their existing liquor license to full service sale liquor license. Michele revie d the staff report on this issue. She noted that t Planning Commission recom ended approval of the request. Mayor Klinzing opened the public h ring. There be' g no one for or against the matter, Mayor Klinzing closed the pub hearing. COUNCILMEMSER THOMPSON MOVED TO LIAUOR LICENSE FOR NATURE'S HIDEAW AN EXPANSION OF THE EXISTING CO ITI~ CONDITION: 1. THE APPLICANT WITH THE CITY'S JE THE REAUEST FOR AN ON SALE RIVER COUNTRY CLUE, WHICH IS ~E PERMIT, WITH THE FOLLOWING LICENSING DIETZ SECONDED THE MOTION. THE M01~lON CARRIED 4-0. 6.9. R~uest by Wapiti Park Campground for Conditional Use Permit, Public Hearing Case No. CU 00-6 Director of Planning Michele McPherson indicated that Wapiti Park Campground is requesting an interim use permit to allow reconstruction of a 30' x.55' structure to be used for laundry, office, and assembly at Wapiti Park Campground located at 18746 Troy Street. She explained that the use of the property for a campground is a legal non-conforming use. She further noted that the Planning Commission recommended approval of the interim use based on the condition that approval is valid for ten years or until the property is redeveloped. The council suggested adding to that condition, "or until the property is sold." Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. The owners of the campground were present and had no objections with the conditions. COUNCILMEMBER THOMPSON MOVED TO GRANT THE INTERIM USE PERMIT TO WAPITI PARK CAMPGROUND TO ALLOW RECONSTRUCTION OF A 30'X55' STRUCTURE WITH THE FOLLOWING CONDITIONS: 1. THE APPROVAL IS VALID FOR TEN YEARS, UNTIL THE PROPERTY IS REDEVELOPED, OR UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. 2. THE BUILDING WILL COMPLY WITH THE REAUIREMENTS OF THE CHIEF BUILDING OFFICIAL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. F ~ . ........ 41263 ~ ~ ~ ..~126a~ STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER SHERBURNE CO• MINN. ~. i HELLE ASH DEPUTY B 'Op ~1ftY 10 PPl 3 09 _.. CITY OF ELK RIVER CITY COUNCIL INTERIM USE PROCEEDINGS In the matter of: Wapiti Park Campground, Inc. Request: Interim Use Permit to allow reconstruction of a 30' x 55' structure to be used for laundry, office, and assembly (Case No. CU 00-6) ORDER GRANTING INTERIM USE Lorraine M. White, Owner The above entitled matter came to be heard before the City Council on the 17m day of April, 2000, on a petition for an Interim Use pursuant to the City of Elk River Zoning Ordinance, for the following described property: The West 392 feet of thehW 3 HRan fe 26 Sherburne Covnty~Minne ofiarter of Section 31, Towns p 9 R IS ORDERED that an Interim Use be granted as upon the follov~nng conditions or reasons: 1. THE APPROVAL IS VALID FOR TEN YEARS, UNTI! THE PROPERTY IS REDEVELOPED, OR UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. 2, THE BUILDING WILL COMPLY WITH THE REQUIREMENTS OF THE CHIEF BUILDING OFFICIAL. DATED this 17th day of April, 2000. s:lrecordin~cu00-6.d~ 4124~~3 STATE OF MINNESOTA ) COUNTY OF SHERBURNE) ss. CITY OF ELK RIVER ) OFFICE OF CITY PLANNING AND ZONING CITY OF ELK RIVER I, Michele McPherson, Director of Planning for the Cify of 8k River with and in for said City, do hereby cerfiify that I have compared the foregoing copy and Order granting an Interim Use with the original record thereof preserved in my o#fice, and have found the same to be a true transcript of the whole thereof. if the proposed work described in a conditional use permit has not been substantially completed within two (2) years after its date of issuance, the permit shall expire and become void except that the Council may, following recommendations of the Planning Commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A Interim Use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than one (1) year. Mi ele McPherson Dir ctor of Planning __ IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at k River, Minnesota, in the County of Sherburne, in the Ci#y of Bk River, on the day of 2000. DRAFTED BY: City of 8k River Elk River, Minnesota 55330 . ,~ ALICE K HfII~CKE rwTa~r Pu~uc-~-~i~ ~~~• NN commission E,~ires,lan.31.~5 s:kecordin\cu00-6.doc Signed before me a NOTARY PUBLIC this ~ day of ~~ .20x0• ~~ RESOLUTION 10- 20 A RESOLUTION OF THE CITY OF ELK A RESOLUTION DENYING A CONSUMPTION ANL TO WAPITI PARK CAMPGROUND, INC. DBA ' .CAMPGROUND WHEREAS, the Ciry of Elk River has received an application for renewal of a Consumption and Display Permit from Wapiti Park Campground, Inc., d/b/a Wapiti Park Campground; and WHEREAS, property owner Lorraine White had an Interim Use Permit (Case No. CU 00- 6) that allowed for the construction and operation of a building housing a laundry, bar, and offices that could be used by campers; and WHEREAS, the Interim Use Permit was valid for ten years, until the property redeveloped, or until ownership of the property was transferred: whichever happened first; and WHEREAS, during a review of the Consumption and Display application the City of Elk River determined that the Interim Use Permit for this property expired on April 17, 2010; and WHEREAS, property owner Lorraine White hasn't requested a renewal of the Interim Use Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota as follows: 1. The application from Lorraine White for a Consumption and Display Permit is denied. Passed and adopted this 17``' day of May 2010. _~ ./1/1~ Steph 'e Klinzing, Ma ATTEST: ,r ~ r ~; i / /~ V Tina Allard, City Clerk S:\PubGc Bodies\Cnuncil\RcsoluGons\Wapiti Denial.doc City Council Minutes Page 6 June 21, 2010 ----------------------------- Councilmember Zerwas stated this will help locate required infrastructure that must be planned such as service roads, overpasses, etc. He noted that much of the road infrastructure has been relocated to the city owned property. Council took a five minute recess at 8:20 p.m. 7.1. Reduest b~(horraine White ~~'apiti Park Campground, Inc. for 3.2. Percent On and Offsale Malt Liquor Licenses Ms. Allard presented the staff report. Ms. Allard noted that Ms. White submitted an application late today for a conditional use permit and the earliest it could come to Council for consideration is July 19. Jaunita Glen, representing the applicant -Stated she has power of attorney for Ms. White. She stated she didn't know the Interim Use Permit expired. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BI' COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 10-31 DENYING A 3.2. PERCENT ONSALE MALT LIQUOR LICENSE AND A 3.2 PERCENT OFFSALE MALT LIQUOR LICENSE TO WAPITI PAP~~ CAMPGROUND, INC./DBA WAPITI PARK CAMPGROUND AND THAT ADDITIONAL FEES TO RE-APPLY IN JULY BE WAIVED. MOTION CARRIED 5-0. 6. 2009 State of the City/A,~ nnual Report The 2009 State of the City/Annual Report was presented. 5.4. S endin Plan for Tax Increment Financin District No. 16 -Public Hearin t Ms. Mehelich presented the staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor I{linzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 10-32 APPROVING A SPENDING PLAN FOR TAX INCREMENT FINANCING DISTRICT N0.16. WITH THE FOLLOWING CHANGE TO SECTION II. (B) CLASS I RESTAURANTS .MOTION CARRIED 5-0. 5.5. An Ordinance of the Citv of Elk River Amending the Elk River Zoning_Ordinance to Add New Section 30-1600. 1601. 1602 Providing the Creation of the Mixed Use Elk River Plaza Zoning District. Case No. OA 10-06 -Public Hearing 5.6. An Ordinance of the City of Elk River Zoning Certain Property into the Mixed Use Elk River Plaza Zoning District. Case No ZC 10-03 -Public Heating Mr. Leeseberg presented the staff reports for both of these items. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. City Council Minutes Page 6 June 21, 2010 Councilmember Zerwas stated this will help locate required infrastructure that must be planned such as service roads, overpasses, etc. He noted that much of the road infrastructure has been relocated to the city owned property. Council took a five minute recess at 8:20 p.m. 7.1. Reduest by rraine White) Wapiti Fark Campground, Inc for 3 2 Percent On and Offsale Malt Liquor Licenses Ms. Allard presented the staff report. Ms. Allard noted that Ms. White submitted an application late today for a conditional use permit and the earliest it could come to Council for consideration is July 19. Jaunita Glen, representing the applicant -Stated she has power of attorney for Ms. White. She stated she didn't know the Interim Use Permit expired. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BI' COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 10-31 DENYING A 3.2. PERCENT ONSALE MALT LIQUOR LICENSE AND A 3.2 PERCENT OFFSALE MALT LIQUOR LICENSE TO WAPI'T'I PAS CAMPGROUND, INC./DBA WAPITI PARK CAMPGROUND AND THAT ADDITIONAL FEES TO RE-APPLY IN JULY BE WAIVED. MOTION CARRIED 5-0. 6. 2009 State of the City/Annual Report The 2009 State of the City/Annual Report was presented. 5.4. S endin Plan for Tax Increment Financin District No. 16 -Public Hearin ~' Ms. Mehelich presented the staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 10-32 APPROVING A SPENDING PLAN FOR TAX INCREMENT FINANCING DISTRICT N0.16. WITH THE FOLLOWING CHANGE TO SECTION II. (B) CLASS I RESTAURANTS n~ A'T' T t; A C~7" GA CL' A "i'C. MOTION CARRIED 5-0. 5.5. Zoning District, Case No. OA 10-06 -Public Hearing 5.6. An Ordinance of th~ty of Elk River Zoning Certain Property into the Mixed Use Elk River Plaza Zoning District, Case No ZC 10-03 -Public Hearing Mr. Leeseberg presented the staff reports for both of these items. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. ~ ~' ~~~ REQUEST FOR /~CTiOEV fiver - To Item Number Ci Council Agenda Section Meeting Date Prepared by Administration June 21, 2010 Tina Allard, Ci Clerk Item Description Reviewed by Request by (Lorraine White) Wapiti Park Campground, Inc. Lori ohnson, Ci Adtninisttator ^ 3.2. Percent Onsale Malt Liquor License Reviewed by ^ 3.2. Percent Offsale Malt Li uor License Action Requested Staff recommends denial of a 3.2. Percent Onsale Malt Liquor and a 3.2. Percent Offsale Malt Liquor license to Wapiti Park Campground, Inc. 13aclcground/Discussion Council adopted a resolution denying a Consumption and Display Permit to Wapiti Park Campground on May 17, 2010 based on expiration of an Interun Use Permit (IUP) for a building that houses a bar. Information on the denial and IUP is attached. The use of the building for the on and off sale of liquor is illegal and staff is recommending denial of Wapiti's 3.2 Percent On and Offsale Malt Liquor licenses. Attachments ^ Resolution for Denial ^ May 17, 2010 Staff Report Aetion Motion by Second Uy VOCE i=0110W Up N:\Public Bodies\City Council\Couneil RC:\\l.icentiing\].iquor\2u10\Wapiti 3.2 Onoff l,icenkes.doc RESOLUTION I ®-_~1 A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION DENYING A 3.2 PERCENT ONSALE MALT LIQUOR LICENSE AND A 3.2 PERCENT OFFSALE MALT LIQUOR LICENSE TO WAPITI PARK CAMPGROUND, INC./DBA WAPITI PARK CAMPGROUND WHEREAS, Lorraine White, Wapiti Park Campground, Inc.,("Applicant"), has applied for a 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License ("Licenses"); and WHEREAS, the City Council considered the application for the Licenses on June 21, 2010, at which time the Applicant and all others wishing to speak were given an opportunity to present testimony to the City Council; and WHEREAS, the City Council, at the conclusion of its discussion of the Applicant's request on June 21, 2010, made findings regarding the Application. NOW, THEREFORE, the City Council of the City of Ells River makes the following findings of fact and decision with respect to the application of Lorraine White fora 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License at Wapiti Park Campground, 18746 Troy Street. FINDING 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 building housing a laundry, bar, and offices that could be used by campers. This building is used for the on and off sale of 3.2 percent malt liquor at Wapiti Park. The Interim Use Permit was valid £or ten years or until the property redeveloped or until ownership of the property was transferred, whichever happened first. 2. The Interim Use Permit expired April 17, 2010 and Lorraine White has not sought renewal of the Interim Use Permit. The use of the building for the on and off sale of 3.2 percent malt liquor is therefore illegal. 3. A license for the on and off sale of 3.2 percent malt liquor can not be issued to a building which is being operated .illegally. DECISION The City Council of the City of Elk River hereby denies the Application fora 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License for Lorraine S:\Public Hbdies\Council\Resolutions\Wapiti Uenial ~.doc White, Wapiti Park Campground, Tnc. 18746 Txoy Street, based on the finding of fact set forth above. Passed and adopted this 21S` day of June 2010. ... , r Steph nie l~linzing, or ATTES. . ~~ ,/ 'v` ~ Tina Allard, City Clerk u S:\Public Bodies\<:ouncil\Resolutions\WnpiG Denial 2.doc RESOLUTION 14- 2d A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION DENYING A CONSUMPTION AteID DISPLAY PERMIT TO WAPITI PARK CAMPGROUND, INC. DBA WAPITI PARK CAMPGROUND WHEREAS, the City of Elk River has received an application fox renewal of a Consumption and Display Permit from Wapiti Park Campground, Inc., d/b/a Wapiti Park Campground; and WHEREAS, property owner Lorraine White had an Interim Use Permit (Case No. CU 00- 6) that allowed for the construction and operation of a building housing a laundry, bar, and offices that could be used by campers; and WHEREAS, the Interim Use Permit was valid for ten years, until the property redeveloped, or until ownership of the property was transferred: whichever happened first; and WHEREAS, during a review of the Consumption and Display application the City of Elk River determined that the Interim Use Permit for this property expired on April 17, 2010; and WHEREAS, property owner Lorraine White hasn't requested a renewal of the Interim Use Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eik River, Minnesota as follows: 1. The application from Lorraine White for a Consumption and Display Permit is denied. Passed and adopted this 17`s day of May 2010. 1 Steph 'e Klinzing, Ma ATTEST: , ~~' f Tina Allard, City Clerlc ti;\Public Rotheti\Council\Rcsolucians\Wapiei Denial,dnc Attachments ^ Resolution for Denial ^ August 17, 1998 Staff Report and Minutes ^ April 12, 2000 Staff Report and Minutes ^ Interim Use Permit ~1Ction Ntotion by Second by Vote Follow Up N:\PuUlic Bc~dics\City Council\Council RCA\l,iccnsing\l,iyuor\2010\Wlpiti CD Memo.doc REQUEST FOR ACTION ver To Item Number Ci Council 6.3. Agenda Section Meeting Date Prepared by Administration Ma 17, 2010 Tina Allard, Ci Clerk Item Description Reviewed by Consumption and Display Permit Renewal -Wapiti Park Lori ohnson, Ci Administrator Campground, Inc. Reviewed by Action Requested Staff recommends denial of the Consumption and Display permit to Wapiti Park Campground by resolution Background/Discussion Wapiti Park Campground, 19746 Trop Street NW, is requesting renewal of their Consumption and Display (C&D) permit. A C&D permit is issued by the State of Minnesota but requires City Council approval prior to its issuance. The perniit expired on March 31, 2010. The City received the request for approval from the applicant in April. A C&D permit authorizes an establishment to serve liquids for the purpose of mixing with liquor that is brought in by a customer (commonly known as setups). The permit does not authorize .the sale of intoxicating liquor. In reviewing the applicant's request for this permit, staff determined that the Interim Use Permit (IUP) for this property expired on April 17, 2010. An IUP for the construction and operation of the main building housing the laundry, bar, and offices was approved in April 2000. The IUP was to expire upon 10 years, upon redevelopment, or when ownership of the property transferred, whichever happened first. A letter was delivered to the applicant notifying them they needed to immediately stop the consumption and display of intoxicating liquor on the grounds that there is no C&D permit. The applicant was notified that staff would be recommending denial of the permit request because the interim use permit has expired and they could attend tonight's meeting to voice any comments. Wapiti currently holds valid 3.2 Percent On and Offsale Malt Liquor licenses which are set to expire on June 30, 2010. The applicant was notified that staff would be recommending denial of these two licenses, based on the same grounds noted above, at the June 21, 2010 meeting. They were also notified that they could seek renewal of their IUP by contacting the Planning Division. S:\Public Bodies\Council\Council RCA\Licensing\Liquor\2010\Wapiti CD Memadoc Attachments ^ Resolution for Denial ^ August 17, 1998 Staff Report and Minutes ^ Apri112, 2000 Staff Report and Minutes ^ Interim Use Permit Action Motion by Second by ~~ote FOllow Up S:\Public Bodies\Council\Council RCA\Licensing\Liquor\2010\Wapid CD Memo.doc RESOLUTION 10- A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION DENYING A CONSUMPTION AND DISPLAY PERMIT TO WAPITI PARK CAMPGROUND, INC. DBA WAPITI PARK CAMPGROUND WHEREAS, the City of Elk River has received an application for renewal of a Consumption and Display Permit from Wapiti Park Campground, Inc., d/b/a Wapiti Park Campground; and WHEREAS, property owner Lorraine White had an Interim Use Permit (Case No. CU 00- G) that allowed for the construction and operation of a building housing a laundry, bar, and offices that could be used by campers; and WHEREAS, the Interim Use Permit was valid for ten years, until the property redeveloped, or until ownership of the property was transferred: whichever happened first; and WHEREAS, during a review of the Consumption and Display application the City of Elk River determined that the Interim Use Permit for this property expired on Apri117, 2010; and WHEREAS, property owner Lorraine White hasn't requested a renewal of the Interim Use Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota as follows: 1. The application from Lorraine White far a Consumption and Display Permit is denied. Passed and adopted this 17~' day of May 2010. Stephanie Klinzing, Mayor ATTEST: Tina Allard, Ciry Clerk S:\Public Bodies\Council\Resolutions\Wapity llenial.doc r ~~~ - ~ ~ i City of ,~ Elk Rlv~r BACKGROUND MEMORANDUM TO: FROM: DATE: SUBSECT: CITY COUNCIL . ITEM 4.2. STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR AUGUST 17, .1998 ~ ~- • WAPITI PARK CAMPGROUND .+ 1983 ~. ~ • The Wapiti Park property was rezoned from A-1/Agriculatural to R-Ib/Single Family residential in 1983. An ordinance amendment was also passed to allow campgrounds as a • conditional use in the R 1 b Zone. Wapiti Park became anon-conforming use.because it had not 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. ' • Stare and restaurant aze 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 aclmowledged 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). Mav 7,1984 City Council amends Wapiti's conditional use pennit.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 440 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 441-7425 • No units for rent. - ~ - • Minnesota Department of Health (MDH) rule 187 and Minnesota State Statutes 327.10 through 327.28 appiy.~ A MDH yeazly 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-uQlicense is also approved. Cui-e-ent~Vlay 19981 . Campgrounds are no longer allowed in the R lb Zone. Wapiti Pazk is non-conforming, but legally grandfathered-in. ~~ Amusement device, non-intoxicating malt liquor, and set-up licenses are current. T'he 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 iicenses, which includes inspection of septic system, are current. Wapiti's septic system consists of five drainf~elds and tanks. The Elk River in the vicinity of Wapiti Pazk 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 Ail 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. Recreational vehicle must meet the defuution 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 1001b.) • not have any permanent additions. RECOMMENDATION 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 clarif cations: • Because some of the guest at the campground are seasonal, staff is recommending that storage shear with a 120 squaze 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 flooaing), aze 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 si:~ hours notice of a pending flood be submitted to staff for approval. That all structures that do not conform to these rules or that aze 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 prepazed to send the attached notice to their customers. This notice requires compliance by the end of October and does contains some additional items beyond staffls recommendations that are requirements of the owners. Staff greatly appreciates their cooperation. The owners v~~ill beat Monday night's meeting to discuss these issues further with the Council. Elk River City Council Minutes Page 2 August I7. 199R 3.9. CITY OF ELK RIVER AMENDM ~NT TO SUBDIVISION ORDINANCE FOR OPEN SPACE SUBDIVISION REGUL ION - OA 98-3 -POSTPONED TO 9/21/98 - APPROVED 3.10. CARGILL APPEAL TO BUILDN PERMIT DENIAL - GP 98-1 - POSTPO ED TO 9/2i/98 -APPROVED 3.11. TIM SMITH ADMINISTRATIVE S BDIVISION - AS 98-5 - WiTHDR N - APPROVED 3.12. 3.2% ON SALE BEER LICENSE R DADDY O'S CAFI: - APPR VED 3.13. MECHANICAL AMUSEMENT D VICE LICENSE FOR DADDY 'S CAFE - APPROVED 3.14. EXEMPTION FROM LAWFUL G BUNG PERMIT FOR RIVER AREA WOMEN OF TODAY -APPROVED 3.15. CALL SPECIAL CITY COUNCIL M STING FOR AUG ST 31, 1998, 6 PM TO HOLD A COUNCIL WORKSESSION ON 999 BUDGET - PPROVED 3.16. ORDINANCE 98.14 AMENDING CTION 200 F THE CITY CODE OF ORDINANCES PERTAINING TO CI RESOLUTION 98-89 ESTABLISHING COUNCIL MEETINGS -APPROVED 3.17. PAY ESTIMATES: a. #1 TO BAUERLY BROTHERS, THE AMOUNT OF $43,812.1 b. #1 TO HARDRIVES, INC. F IMPROVEMENTS IN THE c. #1 TO RED STONE CO TRH STREET, RAILROAD D VE, :OUN MEETINGS -APPROVED E ME ING TIME FOR THE REGULAR CITY ~. FOR THE 1998 OVERLAY PROJECT IN -APPROVED HE TH 10/UPLAND AVENUE SIGNAL NT OF $110,611.47 -APPROVED ON COMPANY, INC. FOR THE BOSTON A DIAN ANGELS AND JACKSON/HOLY IMPROVEMENTS IN HE AMOU OF $128,369.76 -APPROVED d. #3 TO RICHARD UTSON, INC. OR WORK COMPLETED ON BUSINESS CENTER DRIVE THE AMOUNT $37,107.57 -APPROVED e. FINAL PAY ES MATE FOR THE 19 SIGNAL IMPROVEMENT TO COLLISYS I THE AMOUNT OF $27, 98.27 -APPROVED 3.18. TRANSFER OF W LICENSE FOR CHIN YUE RESTAURANT • WITHDRAWN COUNCILMEMBER H LMGREN SECONDED THE MOTI N. THE MOTION CARRIED 5-0. 4.1. Fir a artme en ouse ate Fire Chief B ce West informed the Council that the Elk er Fire Department and Ambula a Service will hold its annual Fire Department O en House and Dance on Se ember 19, 1998. 4.2. Wapi#i Park Cam round Update Building and Zoning Administrator Steve Rohlf introduced the new owners of Wapiti Park. He indicated that campgrounds are no longer allowed in the Rlb zone, but Wapiti Park is legally grandfathered in as a nonconforming use. Steve Rohlf indicated that the owners of Wapiti Park, Mike and Anita Glenn, have agreed to comply with the city's requirements to ensure that the recreational vehicles in Wapiti Park meet fhe definition in state statutes. Steve Rohlf stated that Mr. and Mrs. Glenn will be sending out a notice to all Wapiti Park Campground campers and residents informing them of these requirements. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE RECOMMENDATION MADE BY THE BUILDING AND ZONING ADMINISTRATOR AS INDICATED IN HIS MEMO DATED Elk River City Council Minutes August 17. 199$ 4.3. 4.4. 4.5. 4.6. 4.7. Page 3 AUGUST 17, 1998. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. fake Orono Protect U date Building and Zo 'ng Administrator Steve Rohlf showed a ideo explaining the lake Orono sediment moves! project. Following the video teve Rohlf requested Council approval conduct a clean up of the dred ed Lake Orono allowing Lake homeowners t bring in debris from the lake su as tires, scrap metal, brush, etc. COUNCILMEMBER FARE MOVED TO AUTHORIZE CLEAN UP TO ALLOW TAKE OWNER RESIDENTS TO BRI GIN DEBRIS FROM TH LAKE. COUNCILMEMBER HOLMGREN SECONDEb TH MOTION. THE MOT N CARRIED S-0. Utilities Commission Update Utilities General Manger Bryan the August 11 Utilities Commiss the Council on issues discussed at Boys and Girls Club Update Councilmember Thompson u Girls Club. He indicated that Council on the progress of the Boys & ~ is anticipated to begin very soon. Community Recreation Dire or Jeff Asfahl ated the City Council on issues discussed at recent Comm ity Recreation B and meetings. Jeff also updated the Council on Youthbou ,Youth Initiatives, atepark, and BMX biking. City Clerk Sandra Pei indicated that the city has dgeted for the purchase of four optical scan vo g machines at an amount of $ 3,700. She indicated that the machines cost pproximately $6,200 each, exclud g tax and shipping. She further stated th the city will receive a reimbursement rpm Sherburne County in the amount of $ ,000 following purchase of the machin .The City Clerk requested the ouncil to authorize the use of the optical an precinct counters at the genera election on November 3, 1998. COUNCILME BER HOLMGREN MOVED TO AUTHORIZE THE PUR ASE OF FOUR ES>3~S 100 OPTICA SCAN VOTING MACHINES FROM ELECTION SYSTEM AND SOFTWARE AT A PURC ASE PRICE NOT TO EXCEED $24,800 EXCLUDING TAX D SHIPPING WITH FUN ING TO COME FROM THE CAPITAL OUTLAY BUDGET AND O AUTHORIZE THE USE F THE MACHINES AT THE GENERAL ELECTION ON NOVEMBE 3, 1998. COON LMEMBER FARBER SECONDED THE MOTION. THE MOTION CA TED 5-0. r -~ City of ~~~ ~~~ • Rl~er Request ~;~~o~~° MEMORANDUM Item # 6.9. TO: Mayor and City Council FROM: Michele McPherson; Director of Planning DATE: April 12, 2000 SUBJECT: Case Number: CU 00-6 Request by Wapiti Park Campground to Rebuild Structure; Public Hearing 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 Zoning/Land Use R1 b (Single Family Dwelling)/MR (Medium Density Residential) Aftachments , • Location Map • Site Plan • Building Elevations • Building Floor Plan • August 17, 1998 Memo from Steve Rohif Overview 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. 130b5 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612} 441-7420 • Fax: (612) 441-7425 Memo to Mayor and Ctty CouncillCU 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 mare 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 R1 b 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 a# 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 sale) 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 anti! the property is redeveloped, whichever is sooner. 2. The building will comply with the requirements of the Chief Building Official. Memo to Mayor and CRy CounciV~ .0.6 March 24, 2000 Page 3 City Council Recommendafion Staff recommends that the City Council concur with the Planning Commission recommendation and approve the request with the recommended conditions. i ~ - r sr~ WROT A am ~ _~ .~ ~ P"'"` I ~. I !~V anal ; ~~ t 0 »" ~ d ..aom aatF aa~ D . . i a ~ ... r_ i ~ I ORONO ~o {~, ~~ r ~ocA-r~oN ~~ ~~>~, of ~, MAP ~I.k er HIV 13065 Orono Parkway • P.O. Box 490 CASE: C V o O ~ V EIk Ri~~er, MN 55330 _ .,~ roar . ..4,: . _ r.,. J • s' a,c I mun oauet ^ew[ SPEED LIMIT MPH -- Your Sfte Is . .: #:h ~" O~ '.~ .~• < ~~ ~~r v ; ' rres ~_~ ''~ ~ ~ C~ as ~ s~~. ~s ~ rwln ci~as cn u.s. ~o To AAi9o Lacs LBks 65 Miles t ~ BiG LAKE ELK RIVER 1~~ ANOKA AOGERS '~ ©.~~°~ rl`~ d ~ ~ ~ ~ ~ 61 67 ~ ~' t ~v-.dt t ~.. 1F ~ ~ ~ ~:D PatursVbr ~ " bona _ .. ©~.. © ~Y a= x X s+orr» ~~ QP O J ~°° ` ~ ~ ~~ ~ RXYXY , `~~ 1~ V r` ~. Q x~ to ~f~n n.. /1-/1M A~If1M~ ~ n1~.1/__n~wM i...w... 5 H T H T T WEST ELEVATION EAST ELEVATION tl-RIB STEEL. '~21 CORNER 'ERIN '167 TRANSITION TREM II-RIB STEEL WAINSCOT '~21 CORNER TRIM '#187 BASE TRIM it-R{B STEEL '#21 CORNER TRIM '#167 TRANSITION TRIM it-RI8 STEEL WAINSCOT 'x}21 CORNER TRIM . '167 BASE TRIM '~ SOUTH ELEVATION NORTH ELEVATION . co 1 I PORCH r RG I I . f Low ..___ 42'x28'-6" ESTABLISHMENT FOR THE CONSUMP110N OF ALCOHOLIC BEVERAGES INTERIOR ~LAYDUT 2' $' SCALE: PORCH Elk River City Council Minutes April 17.2000 Page 10 Director of Planning ele McPherson indicated that Nature's Hid away is requesting approval of a onditionai use permit to allow expansio of their existing liquor license to full service sale liquor license. Michele revie d the staff report on this issue. She noted that t Planning Commission recom ended approval of the request. Mayor Klinzing opened the public h ring. There be' no one for or against the matter, Mayor Klinzing closed the pub hearing. COUNCILMEMBER THOMPSON MOVED TO LIAUOR LICENSE FOR NATURE'S HIDEAW AN EXPANSION OF THE EXISTING CO ITI~ CONDITION: /E THE REAUEST FOR AN ON SALE RIVER COUNTRY CLUE, WHICH IS 5E PERMIT, WITH THE FOLLOWING 1. THE APPLICANT C PLIES WITH THE CITY'S REAUIREMENT . LICENSING DIETZ SECONDED THE MOTION. THE MO1~lON CARRIED 4-0. 6.9. Request by Wapiti Park Campground for Conditional Use Permit Public Hearinq_ Case No. CU i~1-6 Director of Planning Michele McPherson indicated that Wapiti Park Campground is requesting an interim use permit to allow reconstruction of a 30'x55' structure to be used for laundry, office, and assembly at Wapiti Park Campground located at 18746 Troy Street. She explained that the use of the property for a campground is a legal non-conforming use. She further noted that the Planning Commission recommended approval of the interim use based on the condition that approval is valid for ten years or until the property is redeveloped. The council suggested adding to that condition, "or until the property is sold." Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. The owners of the campground were present and had no objections with the conditions. COUNCILMEMBER THOMPSON MOVED TO GRANT THE INTERIM USE PERMIT TO WAPITI PARK CAMPGROUND TO ALLOW RECONSTRUCTION OF A 30'X55' STRUCTURE WITH THE FOLLOWING CONDITIONS: 1. THE APPROVAL IS VALID FOR TEN YEARS, UNTIL THE PROPERTY IS REDEVELOPED, OR UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. 2. THE BUILDING WILL COMPLY WITH THE REAUIREMENTS OF THE CHIEF BUILDING OFFICIAL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 41263 STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER .,N12680 '901~AY 10 PSI 3 09 . r1jV Uil i•~, ~". ,,. ~.iV ..Li I-i\ SHERBURNE ~~• MINN. ~. I~HELLE ASH DEPUTY B ~/ CITY OF ELK RIVER CITY COUNCIL INTERIM USE PROCEEDINGS In the matter of: Wapiti Park Campground, Inc. Request: Interim Use Permit to allow reconstrucfion of a 30' x 55' structure #o be used for laundry, ofl"ice, and assembly (Case No. CU 00-6J _ ORDER GRANTING INTERIM USE Lorraine M. White, Owner The above entitled matter came fo be heard before the City Council on the 17m day of April, 2000, on a petifion for an lnterim Use pursuant to the City of Elk River Zoning Ordinance, for the follov~ing described property: The West 392 feet of thetW 33HRan fe 226 Sherburne County~Minnesotarter of Section 37, Towns p , 9 R lS ORDERED that an Interim Use be granted as upon the follov~nng conditions or reasons: 1. THE APB OPED`OR UNTIL OWNER HEP OF HE PROPERTYIS TRANSFERRED, REDEV WHICHEVER COMES FIRST. 2. THE BU{LDtNG WILL COMPLY W{TH THE REQUIREMENTS OF tHE CHIEF BUILDING OFFICIAL. DATED this 17th day of April 2000. s;\recordin\cu00-6.doc 4124~~3 STATE OF MINNESOTA ) COUNTY OF SHERBURNE) ss. CITY OF ELK RIVER ) OFFICE OF CITY PLANNING AND ZONING CITY OF ELK RIVER I, Michele McPherson, Director of Planning for the City of 8k River with and in for said City, do hereby certify that I have compared the foregoing copy and Order granting an Interim Use with the original record thereof preserved in my office, and have found the same to be a true transcript of the whole thereof. If the proposed work described in a conditional use permit has not been substantially completed within two (2) years after its date of issuance, the permit shall expire and become void except that the Council may, following recommendations of the Planning Commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A Interim Use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than one (1 }year. ~~.~ Mi ele McPherson Dir ctor of Planning IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at gk River, Minnesota, in the County of Sherburne, in the City of Bk River, on the ~ day of 2000. DRAFTED BY: City of Bk River Elk River, Minnesota 55330 .•„ . ALICE K. Hgf~CKE /N~.O.T.A.R(Y~P,U~BLIC-MINNES/JO~U,Iy~ ` MN`' ~ 1111 COt1itT$551011 ~~~ ~ V {, GNN s~~recordin1cu00-6.doc Signed before me a NOTARY PUBLIC this ~ day of ~ .2000• r~6,~~ RESOLUTION 10-~1 -~C-~~1~ A RESOLUTION OF THE CITY OF ELK RIV A RESOLUTION DENYING A 3.2 PERCENT ONSALE I' LICENSE AND A 3.2 PERCENT OFFSALE MALT LIQUt WAPITI PARK CAMPGROUND, INC./DBA WAP.... _ __ __ CAMPGROUND WHEREAS, Lorraine White, Wapiti Park Campground, Inc.,("Applicant"), has applied for a 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License ("Licenses"); and WHEREAS, the City Council considered the application for the Licenses on June 21, 2010, at which time the Applicant and all others wishing to speak were given an opportunity to present testimony to the City Council; and WHEREAS, the City Council, at the conclusion of its discussion of the Applicant's request on June 21, 2010, made findings regarding the Application. NOW, THEREFORE, the City Council of the City of EIk River makes the following findings of fact and decision with respect to the application of Lorraine White fora 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License at Wapiti Park Campground, 18746 Troy Street. FINDING OF FACT 1. 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 building housing a laundry, bar, and offices that could be used by campers. This building is used for the on and off sale of 3.2 percent malt 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. 2. The Interim Use Permit expired April 17, 2010 and Lorraine White has not sought renewal of the Interim Use Permit. The use of the building for the on and off sale of 3.2 percent malt liquor is therefore illegal. 3. A license for the on and off sale of 3.2 percent malt liquor can not be issued to a building which is .being operated illegally. DECISION The City Council of the City of Elk River hereby denies the Application fora 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License for Lorraine S:\PubGc Bodice\Council\Resoludons\Wapiu llenial 2.doc White, Wapiti Park Campground, Inc. 18746 Troy Street, based on the finding of fact set forth above. Passed and adopted this 215` day of June 2010. .. . r Steph nie Klinzing, or -' . Tina Allard, City Clerk • • 5:\Public Bodies\Council\Resolutions\Wapiti Denial 2doc • • r~ LJ Planning Conunission Muiutes Page 3 J~ 13, 2010 --------------------------- ]2. 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 f or Conditi Pn}~lir Nr arino _ C'~cP Nn C'`C T 1 fL 15 5.3. The staff report was presented byJeremyBarnhart. Mr. Barnhart stated that there will be no interior or e~erior changes to the site, and that the request was more of an organizational change. He also noted that there wilt 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 fromthe governmernal regulating agenryto allowvehicle sales. He explained that the sales license is for their internal use, and is consistent with similar businesses. There being no further public commern, 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. yna _ The staff report was presented byJeremyBarnhart. He stated thax the cityis 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 IIJP with conditions as stated Commissioner Ives asked if Condition # 2 regarding the septic system also covers runoff or drainage. 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 NGnutes 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 how functioning 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 Westbeig opened the public hearing. Adam gaatz,1907 East Wayzata Blvd, Suite 107, Wayzata, MN - stated he is representing Anita Glen, manager of Wapiti Park, and Lorraine White, owner of the propeny. Mr. Kaatz 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 N~cki Blake-Bradley. He stated he fek that Ms. Bradley was 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 imo 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 management 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 work with the Cary Council on something Less than closure for two months. Mr. Kaatz stated he was not aware of any violations with the Departmem of Heahh (Condition # 6) -and that Ms. Glen and Ms. White would work with a~ issues there maybe. He had concerns with lunging approval of the ILJP 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 3S 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 andthree-year old warm. He stated he was apposed 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 if he was a permanent resident. Mr. Keillor stated he would not consider himself pe~nPrn resident, more of an emended 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 many people come from the metro area to camp there. She noted Planning Commission Minutes July 13, 2010 --------------------------- Page 5 . 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 with them He stated that he heard a comment from the city that theywaut Wapiti Park to go away. He asked whytheywould 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, Chair Westberg closed the public heating Mr. Beck explained that the propertyis 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 issuu3g the IUP 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 lmow of anyone who was pushing for Wapiti Parkto "go away", and he has been with the city for thinyyears. He stated that there has always been a concern for residents living az Wapiti Park Mr. Beck explained that there are verydiffererit requirements set bythe state for manufactured home park and campgrounds. He stated the conditions the city is proposing are not anything beyond what the state requires for recreational campgrounds, and a~zything that is not a recreational camping vehicle needs to be removed. 'Ilse conditions are meant to protect the safety and health of the people camping out and to be sure thax 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 proh~it 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 apartr~rrrs have checks on welfare, and he did not feel that should be a re-ason to close someone down. Commissioner Ives stated that those are buildings and not a campground Chair Westberg stated that closing the parkwould be going too far. He fek there should be more discussion on Condition # 5. Commissioner Anderson stated that Commissioner Scott forwarded his comments to him I~rs concern and Commissioner Scott's concerns are the outstanding violations of the heahh inspector and wintering in the park He stated that he word and lived ax the KOA Campground for three years and the owners Lived there year-round. He stated that he has lived here for thirryyears and is aware the Wapiti area is a beautiful, pristine area. He fek the • heahh, safety and environt~rital 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 IIJP 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 communitysystem, 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 bystating that "all recreational vehicles should be removed". Commissioner Lemke asked if Mr. Keillor received mail at the park Mr. Kehler 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 violarians to see if theyare 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 lmowif the concerns are serious or not serious. Mr. Barnhart stated that there really are onlytrovo 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 LEMgE AND SECONDED BY COMMISSIONER IVES TO TABLE THE REQUEST BY WAPITI PARg TO A SPECIAL MEETING OF THE PLANNING COMMISSION ON JULY 27, 2010. MOTION CARRIED 5-0. 5.4. Request bvthe Citvof E1kRiver-for an Amendment to the Land Use Regulations receding SIQ212ge in the C;RT fC'nmmPmial RPCPrvP Trancirinnl 7nnina T7icrrirr 7~zhlic^ HParinQ _ C'acP No. OA 10-07 The staff report was presented byJeremyBarnhan. He noted that the proposed ordinance amendment meets the city's goals and the property owners' 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 everas 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 July 13, 2010 Page 7 MOTION BY COMMISSIONER LEMgE AND SECONDED BY • COMMISSIONER IVES TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENT REQUEST BY THE CITY OF ELB 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. Adjournment 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. ../r :~L~ Tina Allard City Clerk Westberg Chair • C~O~`~ TO ITEM [\[UMBER P Commission 5.3 AGENDA SECTION I"IEETING ATE PREPARED SY Plannirl~ Items Jul 13, 2010 JeremyBamhart, Plann'na Manager ITEM DESCRIPTION EZEYfEINED By Request by Wapiti Park (Lorraine White) for Interim Use Permit, Public Hearing -Case NO. CU 10-16 E~EVf EWED 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. Z. 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 MAN[JRE MANAGEMENT PLAN, CONSISTENT WITH SECTION 10-9 OF CITY CODE. 4. PREPARE A DEBRIS MANAGEMENT PLAN FOR APPROVAL BY ELK RIVER ENVIRONMENTAL DIVISION. 5. DUE TO THE CONCERN OF RESIDENTS LIVING IN CAMPERS DURING THE WINTER MONTHS, CA112PGROUND MUST BE CLOSED JANUARY 1 THROUGH MARCH 1. 6. 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. (The 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\Depazunems\Comm+~n~tyDeveloprYxnt\Planning\Case Files\CCA'\IXI 10.16 Wapici ParkTCJP1IXJ 10.16 Wapiri Park SR to PC 7-13.10.doc "permanent" improvements, including ea~terior 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 lmown if the existing on-site septic system is adequately designed, maintained, and continues to be functional for 3~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 with the amount of garbage being burned. Lastly, the park hosts animals in 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 sanitarydisposal of b~pmducts. FINANCIAL IMPACT None C3eneral Information Applicant Lorraine White Requested Action Interim Use Permit 60 Day Rule The Citymust take action byAugust 30, 2010 Location 18746 Troy Street ~-TTACHMENTS ® 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 Fol[o~v Up N;\Departments\Comm~mityDevelopment\PLanning\Case Fiks\GZJP\CU 1416 Wapiti Pazk IUP\CU 1416 Wapiti Pazk SR to PC 7-13- l0.doc 18746 Troy Street 1VW EI;~RIV~`R, hTLNh'EA.40TA 553.10 763-441-1396 June 29, 2010 - ~. Wapiti Park Campground, owned and operated for 35 years, located at 18746 Troy Street NW. Elk River Minnesota 55330 is requesting the following, to be allowed another interim use permit, to remain in business as a campground until the property is sold for development for housing. Wapiti Park's hours are approximately from 9:00 am to 12 midnight, 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 office. Wapiti Park offers two bath houses for our campers use and as shelters from severe storms, although some feel mare comfortable corning to the office during severe storms. you, arliti Park Camn~round City ~~ ~w 1306 Orono Par}avay Elk River. d4N SS330 July 8, 2010 Lorraine White 18746 Troy Street NW Elk River, MN 5330 Re: Interim Use Permit, Staff Comments Dear Ms. ~hi:te, Thank you for allowing me the opportunity to review pour application. I note that you are requesting an Interim Use to allow the existing structure to continue, although the original Interim Use Permit expired last April. City Staff has completed its review of pour proposal as part of a site plan. re~riew completed on July 7, 2010. From this review, a number of comments or questions were raised, and follow. 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 foIlowing comments will be recommended as conditions. There is a possibility that the Council or Planning Commission will table pour request until further information 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 fieezing. 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 ivn at large, which may be inconsistent with the State rules. Phone: 763.635.1000 Far.: 763.63S.1Og0 w~v-¢ci.elk-river.mn.us 3. During recent river clean ups completed by Elk River watershed Association, it has been noted that open pipes discharge into the river, and there was a large amount of debr7s found in the river, apparently from the individual campsites. A plan must be prepared to address this from continuing, It has been noted that there is eridence of burning trash at the campground. Please note that it is illegal to burn trash in the City of Elk River. Please prepare a plan to address this concern, including adding more garage collection throughout the site. Based on my re~~iew, my recommendation to the Planning Commission and City Council vrill. be to incorporate. the preceding comments, and also to restuct the campground from operating year round, closing December 315` through March. If the septic system is not designed for year round collection, I will recommend that the campground be closed October 31 through March 31. My recommended conditions are as follovrs. 1. Provide verification that the onsite septic system is designed to be functional year round and remains fully functional. 2. Acquire a.n approved manure management plan, consistent with Section 10-9 of City Code. 3. Prepare a debris management plan for approval by EIk 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, x Je~rnp Bar t Planning Manager, AICP ~~ Td: Jeremy Barnhart, Planning Manager FRQi~R: Rebecca Haug, Environmental Administrator DATE: July 7, 20T 4 SUBJECT: CU 1 U-15 - lUP for Vilapiti 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 fo 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. u_~ Crtr u E -_-_ River Police Department MEMORANDUM TO: Jeremy Barnhart, City Planner FROM: Jeffrey A. Beahen, Chief of Police DATE: 7-7-10 SUBJECT: Wapiti Park I have reviewed our calls for serc7ce at ~~'apiti Park as recorded in our records system since 1999. «/e hate had ~1 calls for service to that location. This is a ~=er3- lugh number of calls for one location. I have attached a copy of a rnemo written to the Council on April 16, 2002 by the Chief at that time, Thomas Zerwas. 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. i1T~- personal eapexience ajith the park is that over the tears we have responded to significant events there that bare proven to hay=e endangered the safet~r of those who stay or frequent there. These calls included; • r1 camper trailer that exploded when the resident tried to kill himself by allowing propane to leak into his trailer. ~n ignition source ignited the gas, injw:ing the resident and destroying the trailer. • A meth lab discovered inside one of the trailers. • :~ resident who fell into a campfire, laid in the fire due to his level of intoxication and burned off his legs, buttocks and genitalia. • Numerous sexual assaults. • Weapons related incidents and assaults. • ~ significant number of other assaults and violence. • Reports of ra~v sewage leaks. • Requests to check the welfare of residents who spend the winter in the park, some sleeping in tents-not trailers. Concerns that the trailers axe not suitable fox winter use, and insulation and heating systems are a danger to those who reside there. In one case, we were called there in the middle of urinter, to check a newborn child who w-as staS-ing urith her parents in a tent. The histors~ at the park is not illustrative of a recreation facility, 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 happp to provide that information to pou. _ , `=, if; ;~;,: ~~ ~~ Item ~ 6.9. MEMORANDUM Re nest TO: Mayor and City Council FROM: Michele McPherson`,'Director of Planning DATE: April 12, 2000 SUBJECT: Case Number: CU 00-6 Request by 1lVapiti Park Campground to Rebuild Structure; Public Hearing 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 assernbiy. The use of the property for a campground is a legal, non-conforming use. i nratinn 18746 Troy Street Zoning/Land Use R1b (Single Family Dwelling)/MR (Medium Density Residential) Attachments • Location Map • Site Plan • Building Elevations • Building Floor Plan • August 17, 1998 Memo from Steve Rohlf Overview 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 (R1 b) and campgrounds became a conditional use in the R1 b District. Sometime after 1984 and prior to 1998, campgrounds were removed from the district and Wapiti Park became a legal, nonconforming use. 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 441-7425 Memo to Mayor and City Council/CU L. 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 R1 b 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 fate 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/i 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. N:\Departments\Community Development\Planning\Case Files\CUP\CU 10-16 Wapiti Park IUP\Location Map.dwg, 6/23/2010 8:1:43 ANY k City Council Minutes July 19, 2010 Page 4 AVENUE AS DESCRIBED IN THE APPLICANTS NARRATIVE DATED MAY 13, 2010, 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. Request by ~~'ahiu Pa:~ orraine White) for Interim Use Permit, Case No. CU 10-16 - Public Hearing Mr. Barnhart presented the staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing continued the public hearing to August 2, 2010. 5.4. Request b~City of Elk River for an Ordinance Amendment to the Land Use Re ations Regarding Signage in the CRT jCommercial Reserve Transition) Zoning District, Case No OA 10-07 -Public Hearin Mr. Leeseberg presented the staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor • Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 10-10 AMENDING SECTION 30-876 OF THE CITY CODE OF ORDINANCES RELATING TO SIGNAGE IN THE COMMERCIAL RESERVE TRANSITION AREA. Councilmember Westgaard expressed concerns with monitoring and enforcement of this ordinance. He felt the ordinance would hinder business and that signage shouldn't be regulated when they are displayed internal. Coundlmember Zerwas questioned why there should be a limit to the number of signs and a size limitation. Councilmember Motin stated the signs can be seen from Highway 169. Councilmember Zerwas asked that Section C (4) be removed from the ordinance. THE MAKER AND SECONDER OF THE MOTION AMENDED THE MOTION TO REMOVE SECTION C (4) FROM THE ORDINANCE. MOTION CARRIED 4-1. Councilmember Westgaard opposed. • REQUEST FOR ACTION Ver TO ITEM NUMBER Ci Council 5.3 AGENDA SECTION MEETING DATE PREPARED BY Communi Develo ment ul 19, 2010 erem Barnhart, Plannin M er ITEM DESCRIPTION REVIEWED By Request by Wapiti Park (Lorraine White) fox Interim Use Permit, Case No. CU 10-16 -Public Hearing REVIEWED BY ACTION REQUESTED Open and continue the public hearing to August 2. BACKGROUND/DISCUSSION The Planning Commission held a public hearing for the \l~'aPiti Park Interim Use permit on July 13. At the meeting, the Planning Commission wanted additional information before making a recommendation, ultimately tabling the item until the July 27 Planning Commission meeting. The Council is asked to open and continue the public hearing until August 2. Action Motion by Second by Vote Follow Up N:\Departments\Communiry Development\Planning\Case Files\CUP\CU 10.16 Wapiti Park IUP\CU 10-IG Wapid Pazk continue PH for CC 7-19- l0.doc SPECIAL MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK R[YER CITY HALL TUESDAY, JULY 27, 2d [ 0 Members Present: Chair ~'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 1. 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 LEMSE TO APPROVE THE JULY 27, 2010 SPECIAL PLANNING COMMISSION AGENDA. MOTION CARRIED 5-0. . Commissioner Scott arrived at this time. 3.1. R~~uest by Watiiti Park (,Lorraine 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 campgxound 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 recommends 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 gaatz,190? East Wayzzta 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: • P3anniag Commission Minutes bug~st 27, 2010 J w(~ 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 whe they needed one, since theF 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 iX%apiti 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-P should still be ~=alid He questioned why Wapiti Park needs to apply for permit now, and why the 10-yeaz limit Condition #2 - Mr. Kaatz reviewed a letter from Mr. Schuelender regarding the septic system. Condition #3 and #4 - He and the applicant are wonting with staff and he is confident they will be able to come up with both a debris and manure management plan. Condition #~ - 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 xight to chose to stay there. Mr. Kaa.tz stated he did not see anything in the .ordinance prohibiting pear-round camping. Condition #G - 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. Kaatz 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 is 1999, Wapiti was not eligible for a CUP. He noted that there were same 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 Wapiti violates dty code and state law. He stated that manufactured home parks are different than recreational camping azeas. He discussed the definition of a campground and that it does not include permanent camping. Iblr. Beck stated the staff is attempting to address the concern of wintering, and dosing the park for the two coldest months would address that issue. He stated that weather- approprlate vehicles could be considered separately, but permanent residency would only be allowed in a mobile home park and would be subject to different laws. Mr. Befit stated that the dty's building official could inspect the site to determine what is • and is not a recreational camping vehicle by state law. Planning Commission Minutes ~ugs3st 27, ?010 j,~ty Page 3 . Commissioner BeII read a portion of state Iaw 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 dry ordinance, and felt there was some merit in differentiating rnanufactLUed homes and recreational vehicle campgrounds. He was not sure if permanent decking improvements should determine year 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 petYnanent 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. Iv1r. Beck stated yes. Commissioner 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,°lnderson stated that if Condition #8 could be worked out, Condition #S 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 misaIigning 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. Keillor 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 ficense does not mean pP+-m~*+ent. 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 yeaz-round use. He stated there are pages of regulations for manufactured homes to address pear-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 Comm;ssion Minutes ?s~erst 2?, 2010 .;key Page 4 MOTION BY COMMISSIONER BELL TO RECOMMEND APPROVAL OF THE REQUEST BY WAPITI PARE 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 ELS RIVER ENVIRONMENTAL DIVISION. b: IN"i'ERIM 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 staf f the applicant, and attorneys address the pear-round issue. Commissioner Bell stated that the applicant paps ayear-round license fee and would not be able to have year-round caznping. 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 far 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 PARS 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 gust 27, 2010 _1~i.~ Page 5 1L APPROVAL OF A DEBRIS MANAGEMENT PLAN BY ELB RIVER ENVIRONMENTAL DIVISION. 12. DUE TO THE CONCERN FOR RESIDENTS LIVING IN CAMPERS DURINGTHE WINTER MONTHS, CAMPGROUND MUST BE CLOSED JANUARY 1 THROUGH MARCH 1. 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. Chan Westberg and Commissioner Bell opposed. 6. Other Business -None 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. Ivlinutes~prepared by Debbie Huebner. ..1 ` / v ~` Tina Allard City Clerk l/ `C Chad Westberg Chair r~ REQUEST FCR ~CTE~N '(O ITEM NUMBER Plannin Commission 3.1 AGENDA SECTION MEETING DATE PREPARED SY Pl Items ul 27, 2010 erem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED BY Request by Wapiti Park (Lorraine White) for Interim Use Permit, Public Healing -Case NO. CU 10-16 REVIEWED BY ACTION REQUESTED Staff recommends approval of Interim Use Permit fox 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 ELg 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 P1_an~ 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\Communitp Development\Planning\Case Files\CUP\CU 1Q-16 Wapiti Park I1JP\CU 10-16 Wapiti Fark SR to PC 7-27-10.doc 1. THE APPROVAL IS VALID FOR TEN YEARS OR UNTIL, O~~NERSHIP OF THE PROPERTY IS TRANS~F~2F,ED, WFIICHEVER 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 working 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 KITH 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 ENVIltONMENTAL 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 Park is licensed by the State of IYiinn.esota as a Recreational Camping Area. Although not permitted under the City's Zoning Ordinance, Wapiti Pazk 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. However, 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 36 vehicies,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, particulaxly in the winter months. N:\Depamnents\Commuttity Development\Plannin~\Case Flies\CUP\CU 1Q-1G Wapiti Park Ii3P\CU 10-IG Wapiti Part SR to PC 7-27-IO.doc 6. INTERIM USE PERMIT SHALL NOT BE ISSUED PRIOR TO COMPLIANCE WITH ALL OUTSTANDING ~~IOLATIONS AS IDENTIFIED BY THE DEPARTIv1ENT OF HEALTH INSPECTOR. Staff met with the health inspector on Thursday, July 15~', and received a copy of the State's punch list of 5 different orders, same 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, weekly, 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 16``'. 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. FINAHCIAI IMPACT None N:\Departments\Communitg Development\PLlnning\Case Files\CUP\CU 10-iG Wapiti Perk IUP\CU 10-IG Wapid Park SR to PC 7-27-10.doc General Information AppllCant Lorraine ~Jhite Requested Action Interim Use Permit 6Q Qay Rule The City must take action by October 30, 2010 Location 18746 Troy Street ATTACHMENTS ^ Planning Commission packet dated July 13, 2010 ^ Minnesota Depat~trnent of Health Inspection report dated August 14, 2009. ^ List of permanent improvements Action Agotion by Second by Vote Follow Up N:\Depaxtments\Community Development\Plarmiag\Case Filea\CUP\CU 10-16 Wapiti Psrk IUP\CU 10-Ib Wapiti Pazk SR to PC 7-27-IO.doc Type: Full ~~~ ~~~~~~~l~C~~[ E1'1~'~ Page 1 Date: 08/14/09 Time: 15:55:43 ~~~i~~ ~~~ Report:7977091005 LQCation: Wapiti Park Camp Grouud Inc. 18746 Troy Street N.W. Ells River, MN 55330 Sherburne County, 71 License Categories: HOSP, FBPS, FBLB, FBTW, FBLF, FBPW, I~iDEP- 93, Expires on; 12/31/09 EstabIislaanent Info: ID #: 0004467 Risk: High Aruiouuced Inspection: No Operator: Wapiti Park Campground, Inc. Phone #: 7634411396 ID #; 14144 The violations listed ?n 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. ~.a ~A~BA~~ AI~TI~ I.tEEI7SE 103 4630.1100. Cover outside garbage containers with tight fitting, insect proof lids. ALL DUMPSTERS WERE UNCOVERED. LIDS MUST REMAIN CLOSED. Issued an: 07/18/07 6 PLITNIBIlV~ 06C1 Comply By: 07/18/07 4630.0700. Provide appropriate back-flow preventers on all threaded hose bibbs. ALL HOSE BIBS AT Il~TDIVIDUAL CAMPSITES MUST, AT A MINIMUM, BE PROTECTED BY A HOSE CONNECTION BACKFLOW PREVENTER OR VACUUM BREAKER. THE MIN7~/IUM ACCEPTABLE RATING IS ASSE 1011, OR EQUIVALENT. AN ASSE 1052 IS PREFERRED, BU'T NOT REQUIRED. . Issued on: 07/18/07 6 PLITId'~ING 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, AN ASSE 1052 IS REQUIRED. Issued on: 07/18/07 Comply By: 04118/08 Type: Full ~~l~~ H~~n~1Re~~ea~i~~a~~ ~~~86'~ Page 2 Date: 08/14/09 I~S~~~~IQ~t ~~~~~ Tune: i 5:55:43 Report;797709I005 Wapiti Park Camp Ground Inc. The following orders were issued during this inspection. z cATA~ az~s 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 SHOWER; FURTHEST STALL. SHO~JVER HOUSE FURTHEST FROM ENTRANCE: 1) REPLACE MISSING FLOOR TILE IN THE MEN'S SHOV~rER. 2) REPLACE MISSING FLOOR TILE IN BOTH THE WOMAN' S SHOWERS, Cornply By: 08/21/09 i4 ~OTTL~`D GAS 14.4 4630.1500. Firmly mount all bottled gas contauiers in an upright position. RESTRAIN BOTTLED GAS CONTAINERS WITH CHAINS, ROPE, CORDS, OR IN RACKS. Comply By: 08/14/09 NOTE: Plans aud. specifications must be submitted for review and approval prior to new constivction, remodeling or alterations to the pa•emises or its facilities. I acknowledge receipt of the Minnesota Department of Health inspection report number 7977091005 of 08/14/09. Signed: c Signed: 3ULLA HIGGINS Kent B 7ohnson OWNERS HELPER Public Health Sanitarian St. Cloud 320-223 -7321 Kent.Johnson@health. state. mn.us Wapiti Park alterations 16-J u1-10 Lot number pescription 7 Rigid sanitary waste pipe 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 City Council Minutes August 2, 2010 Page 3 Ms. Johnson stated the DNR will verifythe signatures. Ms. Johnson discussed the required process in order to draw down the lake. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO SET A PUBLIC HEARING DATE OF TUESDAY, SEPTEMBER 7, 2010, FOR THE DRAW DOWN OF LAKE ORONO IN ORDER TO REDUCE THE CURLY LEAF POND WEED. MOTION CARRIED 5-0. Councilxnember Motin stated he would like more information provided for both these projects. 5.1. Bailey Point Ms. Johnson noted this item was requested to be delayed as discussed in her staff report. 5.2. Request by W~iti Park~Lorraine White) for Interim Use Permit, Case No. CU 10-16 - T'ublic Hearin Mr. Barnhart presented the staff report noting staff and the Plaiuung Commission's recommendation. Tricia Joy Herom, 510 CanterburyLane, 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 laze today, which he proceeded to sLUlunarize. 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. Kaatz 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 onlyto 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 Yanltton Street - Stated he is opposed to the closure of Wapiti. He stated some people need to live in 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 Kish, 518 113th 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 anylength 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. Kim Satavich 518 113th 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 113th Avenue, Coon Rapids - Stated he is opposed to closing down Wapiti during the winter months. Mayor Kluizing 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 onlythere 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 theyhad 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. Council agreed that the outstanding violations need to be taken care of and expressed safetyand welfare concerns. Attorney Beck noted there are many areas in which the city enforces state regulations. He stated the cityhas the authorityto 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 says recreational camping facilities can't be City Council Minutes August 2, 2010 Page 5 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 city needs to ensure that there aren't permanent residents staying 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 manyyears. 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 residencyissue. 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. AttorneyBeck 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 foryear-round residential purposes. AttorneyBeck suggested the Council issue the permit with an expiration date of January 1, 2011. He stated the citywould 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 automaticallyterminate. 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 10-16 WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL MAINTAIN ALL APPROPRIATE STATE LICENSES AT ALL TIMES. City Council Minutes August 2, 2010 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 UNITS 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 MAY BE 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 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; 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 SAMTOIIPM; 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. MOTION CARRIED 5-0. 5.3. Ordinance Amendment Relating to Hunting and Shooting Near Parks and Trails Mr. Benoit presented Mr. Leeseberg's staff report. ~i` °` REQUEST FOR ACTION ilk --®-~ River TO ITEM NUMBER Ci Council 5.2. AGENDA SECTION MEETING DATE PREPARED BY Administration Au st 2, 2010 erem Barnhart, Pla,nnin 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 10-1 G -Public Hearing Continued ACTION RE UE5TED The Planning Commission recommends approval of an interim use permit to allow the continued use of the 30 x 55 structure at Wapiti Park 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\Windrnvs\Temporary Internet Files\OLKESDB\CU 10-16 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 fox 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. 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. In June of this year, Wapiti Park applied for a new interim use permit 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 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 C:\Usem\jmiller\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLKE8DB\CU 10-16 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 fox 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 vehicle. 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; staffs 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:\Usexs\jmiller\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLI{)/SDB\CU t0-1G 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 park 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. STAFF HAS APPROVED A DEBRIS MANAGEMENT PLAN; D. THE APPLICANT HAS PROVIDED EVIDENCE TI-iAT 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; 6. THAT THE PERMIT BE REVIEWED EVERY TWO YEARS; C:\Users\jmiller\AppData\Local\Microsoft\Windows\Tempoxary Internet Files\OLK.lBDB\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 287, 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 LTVING 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 fox 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 Mr. and Mrs. Klopping ~4Ct1011 Motion by Second by Vote Follow Up C:\Users\jmiller\AppData\Local\Microsoft\Windows\Temporary Internet Piles\OLKB8DB\CU 10-16 Wapiti Park SR to CC 8-2-10.doc ~-~, ~~ ~~~~~ ~~z TO ITEM I~EUMBER Planning Commission 5.3 ~.GENDA SECTION ~'EEETING E}ATE PREPARED BY Planning Items July 13, 2010 Jeremy Barnhart, Planning Manager ITEM QESCRIPTION F~EY[E1NED By Request by Wapiti Park (Loraine White) for Intel7rrl Use Permit, Public Hearing -Case NO. CU 10-16 FtEV[EWED 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 MANAGEMENT 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 JAl\TUARY 1 THROUGH MARCH 1. G. ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR MUST BE COMPLETED. BACKGROUND/DISCUSSION 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. (The 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 exclusively for 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:\Departments\CommunityDevelopment\Planrilng\Case Files\CUP\CCI 10.16 Wapiti ParkILJI'\CU 10.16 ~X/apiti Park SR to PC 7-13-10.doc "permanent" improvements, including e~,~terior insulation, exterior steps, sheds, porches. ~X~hile this may not be illegal, it does appear to be an expansion of the non-conforming campground. Additionally, it is not knovm if the existing on-site septic system is adequately designed, maintained, and continues to be functional for ~~ar 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 throum into the river, apparently from the campground ~=as noted. It is suggested that a ~=aste management plan be prepared to addressing this issue, as well as a concern a=ith the amount of garbage being binned. Lastly, the park hosts a1ulr~als in a large pen along Troy and 185`h. This pen includes houses, 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. ~{NAMCIAL IMPACT None general [nforrnation Applicant Lon~aine White 6iequested Action Interim Use Permit 6 © Day Ru E e The City must take action by August 30, 2010 Location 18746 Troy Street ,ATTACHMENTS Location Map ® Applicant's narrative, dated June 29, 2010 m Staff comment letter dated July 8, 2010 Melno from Environrrnen~al 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 l`ol{o~v Up N:\Departments\CommunityDevelopment\Planning\Case Files\CUP\CU 1416 Wapiti ParkIUP\CU 2416 Wapiti Park SR to PC 7-13-10.doc iii ~~° ~.~~~~~~~ 18746 Troy Street NFL ELgRIVER, hTI1V~~ASOTA 55330 763-441-1396 June 29, 2010 ..._~ Wapiti Park Campground, owned and operated for 35 years, located at 18746 Troy Street NW. Elk River Minnesota 55330 is requesting the following, to be allowed another interim use permit, to remain in business as a campground until the property is sold for development for housing. Wapiti Park's hours are approximately from 9:00 am to 12 midnight, 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 office. 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 C;ty of mar. • V ~~ 13065 Orono Par}away Elk River. ~h 55330 July 8, 2010 Lorraine White 18746 Troy Street NW Elk River, MN 55330 Ike: Interim Use Permit, Staff Comments Dear Ms. White, Thank you for allowing me the opportunity to review your application. I note that you are 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 retrieve completed on July 7, 2010. From this review, a number of comments or questions were raised, and follo~v. Your application is scheduled for 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 19ei, Because of the tight timetable as requested, the folloa=itZg comments will. be recommended as conditions. There is a possibility that the Council or Planning Commission will. table your request until further iiiforrnation is provided. It appears that the campground is operating pear 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 zeal concern, including reports of raw sewage leaks, assaults, and the welfare of residents, in particular c}vldren, 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 fieezi_ng. This verification must be in the forrn 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 Faa: 763.635.1090 «~~wci. elk-river. mn. us 3. During recent river clean ups completed by Ell; River ~X~atershed Association, it has been noted that open pipes discharge into the river, and there a=as a large amount of debr7s found in the river, apparend;= fiom the indi~ridual campsites. A plan must be prepared to address this from continuing. It has been noted drat there is e~ridence of burning trash at the campground. Please note that it is illegal to burn trash in the Cit~T of Elk River. Please prepare a plan to address this concern, includuzg adding snore garage collection throughout the site, Based on my renew, my recommendation to the Planning Cornrnission and City Council grill be to incorporate the preceding comments, and also to restrict the campground from operating year round, closing December 31S` through March. If the septic system is not designed for gear round collection, I will recommend dzat the campground be closed October 31 through March 31. My recommended conditions are as follows. 1. Provide verification that the onsite septic system is des;`grzed to be functional year round and remains fizlly functional. 2. Acquire an approved manure management plan, consistent with Section 10-9 of City Code. 3. Prepare a debris management plan for approval by EIk River Environmental division. 4. Campground may open between March 1 through December 31. Please do not hesitate to contact me should you have any questions, I can be reached at (763) 635-1034. Sincerely, %\, Je~~ny Ba art Planning Manager, AICP ~.~ ~~~~~ i 4: Jererr~y Ecrnhort, Planning N+anager FRC~t~R: Pebecca Haug, Environmental ~.dnninistrator ~A-E: July 7,200 SUEJECT: CU 10-15 - IUP for Wapiti 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 ~~ith 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 N~innesota 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 materials. 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. Basica{ly, 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. ~~// Gc e: Elk ---- River Police Department MEMORANDUM TO: Jeremy Barnhart, City Planner FROM: Jeffrey A. Beahen, Chief of Police DATE: 7-7-10 SUBJECT: Wapiti Park I have reviewed our calls for ser-~~ice at «'apiti Park as recorded in our records system since 1999. ~~'e ha~-e had a=11 calls for ser-~-ice to that location. Ties is a very high number of calls for one location. I hay-e attached a copy of a metro written to the Council on _~pril 16, 2002 by the Chief at that time, Thomas Zerwas. His memo reflects his concerns iln 2002 of the large number of police calls at ~X<apiu Park. Please see his memo for more complete details. ~Ty personal experience with the park is that over die years the have responded to significant events there that hate proven to have endangered the safetlT of those «-ho stay or frequent there. These calls included: ® ~ camper trailer that ezploded when the resident tried to kill himself by alloys-ing propane to leak into Ius trailer. An ignition source ignited die gas, injuring the resident and destroy=ing d7e trailer. o ~ meth lab discos>ered inside one of d1e trailers, o ~ resident who fell into a campfire, laid in the fire due to lus level of intoricauon and burned off Ius legs, buttocks and genitalia. o I~Tumerous set-ual assaults. o ~~'eapons related incidents and assaults. o ~ significant number of other assaults and ~-iolence. o Reports of raw sewage leaks. o Requests to check the welfare of residents who spend die winter in the park, some sleeping in tents-not trailers. Concerns that d7e 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 there _ in the middle of ~xrinter, to check a newborn clyld who was staj-ing ~zrith 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. -i;a~ ; ,~, ;.~ Item ~ 6.9. MEi~iORAfilDUM Request T0: Mayor and City Gouncil FROM: Michele McPherson`; Director of PEanning DATE: April 12, 2000 SUBJECT: Case Dumber: CU 00-6 Request by Wapiti Park Campground to Rebuild Structure; Public Hearing 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.p/Land Use R1b (Single Family Dwelling)/MR (Medium Density Residential) Attachments Location Map Site Plan ® Building Elevations e Building Floor Plan ® August 17, 1998 Memo from Steve Rohlf Overview 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 Residentia! (R1b) and campgrounds became a conditional use in the R1 b District. Sometime after 1984 and prior to 1998, campgrounds were removed from the district and Wapiti Park became a legal, nonconforming use. t ~n[c n..,.~., r'i....t.....,.. n n n.... .tnn .. rn_ n.-.- ~.rwT ~r~nn mr~r~ ,~, ,. . ... .. ....... ,-. ..,.,. ... - •-- Memo 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 .. , v/hich 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 tl~e 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 forthe 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 tivith the Planning Commission recommenda#ion and approve the request with the recommended conditions. .~~,`~~ ~ SST FAR ~CT~~1~ ~ei~ TO ITEM NUMBER Plannin Commission 3.1 AGENDA SECTION MEETING ®ATE PREPARED BY Plannin Items ul ~ 27, 2010 jerem Barnhart, Plaiuyn Mana er ITEM DESCRIPTION REVIEWED B~ Request by Wapiti Park (Lorraine White) for Interim 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 LNING 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/®ISGUSSION 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 10-16 Wapiti Park IUP\CU 10-1G Wapiti Park SR to PC 7-27-1G.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 MANAGEI~~NT PLAN, IN COMPLIANCE ~jITH 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 RIVER 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 Park is licensed by the State of Minnesota as a Recreational Camping Area. Although not permitted under the City's Zoning Ordinance, Wapiti Parle 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. FIowever, 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\Communit}y Development\Planning\Case files\CUP\CU 10-16 Wapiti Park IUP\CU 10-1G Wapiti Park SR to PC 7-27-10.doc 6. INTERIM USE PERMIT SHALL NOT BE ISSUED PRIOR TO COMPLIANCE ~X~ITH ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR. Staff met with the health inspector on Thursday, July 15t'', and received a copy of the State's punch list of 5 different orders, some of which ~~ere 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 REI\20VED 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 dvcselling 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 16`h. 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. FfNANCIAL IMPACT None N:\Depaztments\Community Development\Planning\Case Files\CUP\CU 10-1G Wapiti Park IUP\CU 10-16 Wapiti Pack SR to PC 7-27-90.doc General information Applicant Lorraine ~Jhite Reciuesfed Action Interim Use Permit b0 Day Rule The City must take action by October 30, 2010 LOCgtiOn 18746 Troy Street ATTACHMENTS ® Planning Commission packet dated July 13, 2010 Minnesota Department of Health Inspection report dated August 14, 2009. List of pei~xnanent improvements ACtIOn Motion by Second by ~TOte Follow Up N:\Departments\Communitp Development\Planning\Case Files\CUP\CU 10-16 Wapiti Park IUP\CU 10-IG Wapiti Pack SR to PC 7-27-10.doc Minnesota Department of Health 3333 West Division St. St. Cloud 320-223-7300 Type: Full Date: 08/14/09 Time: 15; 55:43 Report: 7977091005 ~~ ~~~ ~ Page 7 ~~~~ Locatia~n: Wapiti Park Camp Grotuid Inc. 18746 Troy Street N.W. Ellc Rivex, MN 55330 Sherbunie County, 71 HOSP, FBPS, FBLB; FBTW, FBLF, FBPZU, IvIDEP- 93, Eipires on: 12/31/09 Esta6lfish~nent Info e ID #: 0004467 Risk: High Aiuiotuiced Inspection: No Operator: Wapiti Parl~ Ca~npgrotuid, 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, 0 GARBAGE AID REEI75E .~ 0~.~ 4630,1100. Cover outside garbage containers with tight fitting, insect proof lids. ALL DUMPSTERS WERE UNCOVERED, LIDS MUST REMAIN CLOSED. Iss~red on: 07/18/07 6 PI.,UI~BIN~ Co~szply By: 07/18/07 0601 4630.0700, Provide appropriate back-flow preventers on all threaded hose bibbs. ALL HOSE BIBS AT INDIVIDUAL CAMPSITES MUST, AT A MINIMUM, BE PROTECTED BY A HOSE CONNECTION BACKFLOW PREVENTER OR VACUUM BREAKER. THE MCN7MIJIVI ACCEPTABLE RATING IS ASSE 1011, OR EQUIVALENT. AN ASSE 1052 IS PREFERRED, BUT NOT REQUIFcED. Issued on: 07/18/07 6 PLIJIVI$ING Cofraply By: 04/18/08 06C1 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, AN ASSE 1052 IS REQUMD, Issued on: 07/18/07 Comply By: 04/18/08 Type; Full 1~ ~ ~~'~~~~ Q Page 2 Date: 08/14/09 Time: .15:55 :43 Report; 7977091005 Wapiti Park Camp Ground Inc. ~~~~i The following orders were issued during this inspection. 9 CA7t'A >~ 02.~~ 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 SHOVGTER; FURTHEST STALL. SHOWER HOUSE FURTHEST FROM ENTRA?~TCE: 1) REPLACE MISSING FLOOR TILE IN THE MEN'S SHOWER. 2) REPLACE MISSING FLOOR TILE IN BOTH THE WOMAN' S SHO~T~IERS. Co~f~.~ly By: o8i21/09 I4 ~OT'I'~~`~ SAS 14~ 4 4630.1500. Firmly mount aII bottled gas contauiers in an upright position. RESTRAIN BOTTLED GAS CONTAINERS V1ITH CHAINS, ROPE, CORDS, OR IN RACKS. Co»~ply By: 08/14/09 ITT®TE: Plans and specifications mast be submitted foi• n•eview end a~pro~~al pt•ior to new construction, a•emodeling oY• aitea•2tions to the premises oi• its flcilities. I ~.cknowledge receipt of the Minnesota Department of Health inspection report number 7977091005 of 08/14/09. Signed: ` , ~'~,,,,~ NLIA HIGGINS OWNERS HELPER Signed: Kent B Johnson Public Health Sanitarian St. Cloud 320-223-7321 Dent. Johnson@health. state. mn.us Wapiti park alterations 16-Jul-10 Lot number Description 7 Rigid sanitary waste pipe 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 r . city of .~ fiver BACKGROUND _ I7CEM 4.2 . ~~. MEMORANDUM TO: FROM: DATE: suB,rECT: CITY COUNCIL STEPHEN ROHLF, BUILDING piNI3 ZONING ADMIlVISTRATOR .~ AUGUST 17,1998 ~ ~- wAPITIPARK CAN~I'GROUND. - ._ ,; .. .- 1983 . The Wapiti Park property was rezoned from A-1/Agriculaturai to R-lb/Single Family residential in 1983. An ordinance amendment was also passed to allow campgrounds as a conditional use in the R-Ib Zone. Wapiti Park became anon-conforming use because it had rot 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 followin~• 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 • EIk River, MN 55330 • TDD & Phone: (612) 44i-7420 • Fax: (612) 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. r',.::~rent (Maw 1998) 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 EIk 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 aI1 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. _1 ) 1 ~ ~ ~~ i Recreational vehicle must meet the definition in State Statute and the following city requirements: • be road ready • have a current Iicense • have an internal jacking system o 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. ~ECOMIi~IE1VDATYOIv 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 same 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 parches, 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 si:~ 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 ovtTners of the park are in agreement with staff ~ 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. To: Mayor and City Council From: City Administrator Date: March 15 , 1984 ~/Iemarandum Subject: Wapiti Park Campground , Inc . Request for Conditional Use Permit ~..... As the City Council will recall, recently the City Code was amended to prova_de 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- at`oM.i~~, the activities conducted and the layout of the campground car~~r~ng sites. The Planning Commission reviewed and considered tr.e Wapiti Paxk 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: I) That a private road agreement be entered into between P"r. 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 f' 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 provide ~~ 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 Puilding anc Zoning l~~dministrator pertai~is 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 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~h City Administrator ~ RCM:dk ~.,. t ~ `~3 MHD 187 ~ sweet or highway and at least 10 feet from other park propert}• boundary ~ lines. (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 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 limes. (e) Water Suppl}. An adequate supply of water of safe, sanitary, potable quality shall be provided in each mobile home park and recreational camp- ing area. When a satisfactor}• public water supply is not available, :tn in- dividual water supply system may be des•eioped and used, but such source of suppl}• shall first be approved by the State Board of Health. In mobile home parks, the water suppl}• shall be capable of suppl}~ing a minimum of 150 gallons per da}• per mobile home, and in recreational camping areas, the ss•ater supply shall be capable of sttppl}~ing 50 gallr~ns per site per day for all sites lacking individual water connections, and 100 gallons per site per da}• for ail spaces provided with individual water con- nections. In recreational camping areas water from the drinkin; stater supply shall be available within at least 400 feet of ever}' campsite. Every well or suction line of the water suppl}• s}•stem shall be 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 ss•ells and various sources of contamination shall be required: . Distance in Fee! Separating Vl'ell 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 shall be covered, water-tight and constructed of im- pervious maierial. 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 shall 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. 1n 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\!~ W C3 s' ~ p~~ C2 R.~b it .~ ~ -'~ I P t ~ -~ ~ . _ dam' ~~s - ,,..) i~~O"` ,goy' :''ray ~M, - ,vet ®e: ~~ 6 ,IA iit~t~ )7 ) j'/)CIO 'fie' .,'e-)C '111 = R r. hJ• ~~~V :)VSC x ~ r,;~,: d ~ J •••~~ 'F~ ~ ,~~ . o a RMaly ~: r C - . ~ ~! •, \ w `~ -- -- `~ ~ °'^°_ MAP 16 ~:. I MHD 187 464 ground elevation and the minimum pipe size shall be •'.~ inch. Adcyuate provisions shall be made to pre+•en[ freezing of service lines, valves and riser pipes. if underkround stop and w'astc valves are installed, they shall be at least lU feet from the nearest buried portion of the sewage system, 1Vater risers on unoccupied sites shall be valved otf. There shall ben hori- zontal distance of at least ten feet between water and sewer riser pipes provided, that v+'here [he sewer riser is constructed of cast iron pipe and the water riser is constructed of copper pipe the distance between map be less than ten feet, When strict compliance with the provisions specified in this section is impractical, the Board ma}' waive an}' of the reyuirenients subject to such conditions as may be deemed desirable in the individual case. lf) Putnbing. All systems of plumbing in muhile home parks and recre- ational camping areas shall be installed in accordance with the regulations of the State Board of Health and the provisions of the hlinncsota Plumbing Code. (g} Sewage Disposal. .qll sewage and other water carried wastes shall be discharged into a municipal 5e++age system which is being operated under a permit issued by the Diinnesota Pollution Control Agency ++'henever such a system is available. When such a system is not available a sewage disposal s}'stem acceptable to the State Board of Health and the Aiinnesuta }'ollut~on Control .ggenc}• shall be pro+'ideJ. All sewer lines shall be located in trenches of sufficient depth to be fret of breakage from trallic, 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 provided. All se++•er -ines shall be constructed of materials approved b)' the State Hoard of Health and shall be adequately vented and shall have ++ater tight joints. Individual site sewer connections shall be at least a 4 inch diameter sewer riser pipe, The sewer connections shall consist of one pipe line only without any branch fittings. All joints shall be water tight. All materials used fur sewer connec- tions shall be corrosive resistant, nun-absorbent and durable. The inner surface shall be smooth. Provisions shall be made for capping the se++•er riser pipe when a mobile home or recreational camping vehicle does not occup}' the site. Surface drainage shall be directed away front the riser, the rim of the riser pipe shall extend st least 4 inches above ground elevation. S}'stems of sewage disposal utilizing the discharge of efRuents to bodies of surface water must receive the approval and compl}• with the water quality and effluent standards and system design criteria established by the Minne- sota Pollution Control Agency. All systems utilizing soil absorption for final disposal of effluent shall comply with and receive the approval of the State Board 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 sewage disposal system shall be located at least 50 feet horizontally front the ordinary high water level of any body of surface water. (h) Toilet, Bathing 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 .,~. ~•:' 4b' su c Iau i De fay 465 MHD 187 such facilities. The number of fixtures shall be in accordance with the fol- lovring schedule: 1\umbee of Toilets lJrinals Lavatories Shovrers Dependent Sites --- Afen ~Yomen hYen AYen Women 141en R'omen 1-15 1 1 -- -i -- - i - -1--- - i- -- - ~ I -- 16-30 1 '_' ~ 1 2 ? I l 31-45 2 2~ 1 ` 3 3 ~ 1 1 46-60 ! 2 3 I 2 I 3 3 ~ 2 61-30 ! 3 4 ? I 4 4 2 81-100 ~ 3 -i ~ 2 4 4 ' 2 2 101-130 4 5 3 i 5 5 3 3 131-160 5 6 ~ 3 ! 6 6 4 4 16I-190 ~ 6 7 3 7 7 ' 4 4 i91-320 ~ 7 8 4 I 8 8~ 5 5 ~21-250 R 9 4 y 9~ 5 5 5 I -280 9 10 ~ 4 10 10 6 6 2R1-310 IO 11 5 I1 11 6 6 ?11-340 ~ I1 l2 5 12 12 7 7 341-370 12 13 5 13 13 i 7 7 371-400 13 14 6 14 14 8 8 Provided, that in primitive recreational campins 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 b}' 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 v~~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 plainly marked according to sex. In conjunction with bathing facilities, there shall be provided a dressing area or dressing com- partment, the floor of which shall be impervious and well drained. Mats, grids and walkways made of cloth or other ahsorbent material shall not he 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 traffic 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 disposal of sewage from such dumping stations shall be by a method acceptable to the State Board of Nealth and Minnesota Pollution Control Agenc}•. (i) Barbecue Pits, 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 neighhoring property. Incinera- tors shall be of a t~•pe acceptable to the Minnesota Pollution Control Agency. No open fire shall be permitted except in facilities provided. No open fire shall be Ieft unattended. IVo fuel shall be used or no material burned u~hich 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 rccre- ational camping areas shall be so conducted as to create no health hazards. rodent harborage, insect breeding areas, accident or fire hazards or air pollu- tion. All refuse and garbage shall be stored in fl~•-tight, water-tight, rodent proof containers «~hich shall be located convenient to any mobile home site. In recreational camping areas, garbaee 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 hvice each week and more often ~~•here necessary to prevent nuisance conditions. Final disposal of refuse and garbage by landfill methods shall be accomplished in accord- ance with the criteria and standards established b~• the hfinnesota Pollution Control Agency. (k) Insect and Rodent Harborage and Infestation Control. Mobile home parks and recreational camping areas shall be maintained free of accumu- lations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests. Storage 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..4reas shall be so main- tained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious ~~~ccds 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 Dining Roorns. 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 shall 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 Srmly 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 camping vehicle door. The con- tainer shall 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) Fuei 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 ~iHD 188 Initial and Renewal License Fees, License Expiration Dates. (a) Definitions. The following definitions shall apply to hiHD 188: (I) "Primar)• License~iorporation orhotherthusinesssassoua~tion the first person, firm, partnership, crate a mobile home park or to establish and maaie3tat anynone lo~ation. recreational camPtnB t ~) "Renewal License" shall mear, a license issued to the person, firm, partnership, corporation or other business association operating a previously li:ensed mobile home park or recreational camping area. (b) Fee Schedule. The application for a primary' license, or a renewal thereof, to operate a mobile home park or recreational camping area, as defined in Minn. Star. Sec. 327,1A shall be accompanied by the tollo~ving fees: tl) Primary (Initial) License Fee: S~0.00 for each 50 sites or has beentssuzdf5hal;eheeS 0 OOao~r'e ch SO~siter~or°fractio~n~thereofary licens= (~) Renev.~al Fee for Year-Round Estahlishm~00:0~ eO~cOeptt as erovided for in'`SHDt188 (a)(4) f with a maximum fee of _ P (3) Renewal Fee for Seasonal Establishments: The renewal fee for any m°bteriod of sixr( )rmonths! lri? day F~o~less during a~alendarfvear continuous p uted pursuant to '~iHD shall pay seventy-five (75) percent of the gee as comp lgg (a)(~) with a maximum fee of 53'$•00 exc~pt as provided for in tiIHD 188 (a)(4). (4) Increased Fee: For year-round operations the fee will he increased by 510.00 if the renewal application and (ee are not submitted by 3anuary 1 ~ of the year for which application for license is madecat onsand fee operations the fee will be 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 ar which application is made and shall expire on December 31 of such y (Z) Renewal License for Year-Round Establai`eas which operate Licenses for mobile home parks and recreational camping ear) shall be on a year-round basis tear forswhichtapplicathon is made and shall expire on issued for the calendar y December 31 of such year. licenses for a cc effective for whi 183rd i year in (~ annua submits Deccmt (E apply t. 466 ~ 4b7 MHD 187 •eational camping tl of sewage from o the State Board In mobile home arbecue pits, fire- cated, constructed d smoke nuisance property. Incinera- ~ Control Agency. led. No open fire rial btarned u•hic6 ie storage, collec- t parks and recre- to health hazards, zards or air pollu- vater-tight, rodent my mobile home ontainers shall be each week and Final disposal ~pnshed in accord- innesc;a Pollution al. 1`Sobile home . free of accumu- r breedinG places • so maintained as, wilding materials shall be 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 Srmly suitable metallic >cated within five door. The con- nside any mobile ~ 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 fastened in place and shall not be located inside or beneath any mobile home or recreational camping vehicle or less than five feet from any mobile home or recreational camping vehicle exit, .411 fuel oi] 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. (q) Variance. In any case ~ti•here, upon applicatio^ of responsible per- sons, the State Board of Health 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. MF1D 188-194 Reserved for future use, Filed June, J970. ~: I 4b9 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 :s 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 pror~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 h4HD I88 shall apply io all licenses which become effective on or after January 1, 1975. (Filed December 4, 1974) e >' 1 e d r ~I e .e n ^ ~~: f~ ~.. ~~ § 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 by Laws 1983, c. 260, § 59, eff. Juh~ 1, 19R3. 1983 Amendment. Added "of the council" following members. WATCHMAKERS 326.54 to 326.547. Repealed by Laws 1983, c. 293, ~ 115. 1981 Am generally I I I,' CHAPTER 327. HOTELS, PUBLIC RESORTS, MA'~t'F.4CTURED HOFiES TOL`RIST CAMPS Sec. 327.131. Fraud. HOTELS 327.70. Definitions. Sec. 327.71. Innkeeper liability for the personal propert}• of guess. 327.72. Oversta)•ing guests. 327.73. Undesirable guests; ejection of, and re- fusal to admit. 3?7.74. Setting fire to hotel belongings. 327.75. Fraud; proof of fraud. 327.76. Innkeeper's lien. HOTEL: of the st: orderly r inspectio Amended 1981 A~ kenerall} 327.11. i Every 1 al campin and app) 32..10, sh the regist requireme until such Amended b 327.131. A perso camping• a. the recrea' through ai baggage o. be guiit}• c Added by L 327.01 fo 327.095. Repealed by Laws 1982, c. 517, § 9 Prior to repeal section 3?7.07 was amended by Laws 1982, c. 5I6, 4 1. This amendment was repealed by Laws 1982, c. 642, § 6. See, now § 3'L7.70 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. 327.14. Dt Subdivisi the terms c Subd. 2. section 327. Subd. 3. field or tree either free vehicle or e Cured home Subd. 4. state, howe~ Subd. 5. first person, Lured home Subd. 6. person, firm ~ recreational 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 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 motor vehicle, the make of such vehicle, registration number, and other identifying letters or characters appearing on the official number plate carried thereon, including the name 6 § 327.14 HUTELS, PUBLIC RESORTS, MANUFACTURED H©MES Subd. 7. Recreational camping vehicle. "Recreational camping vehicle" when used in sections 327.14 to 3'17.28 includes the following: {a) any vehicular, portabhe .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 far travel, recreation, and vacation; (c) any portable, temporary duelling to be used for travel, recreation, and vacation, constructed as an integral part of aself-propelled vehicle; and {d) an}• folding structure, mounted on whee]s and designed for travel, recreation, and vacation use. ~, Subd. 8. Recreational camping area. Recreational camping area' means an}• area, whether privately or publicly owned, used on a dail}•, nightl}•, weekl}•, 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 by Laws 1982, c. 516, § 2; Laws 1982, c. 526, art. 3, § 3, eff. Aug. 1, 1982; Laws 1982, c. 642, § 8. 1962 Amendments. Laws 196'2, c. 526, revised The amendment of suhd. 8 b~• Laws 1982, c. 642, this section. For former test see the main vol• § 8 was repealed by Laws 1963, c. 216, § 84. ume. The amendment of Subd. 8 b~ Laws 1982, c. 516, was repealed by Laws 1982, c. 642, § 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-1.122. 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 ~ I first approved by the department of health. Any manufactured home park or recreation- . al 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 Subdivision I. 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 ('F.. ~:.: r I i BY STATE HOTELS, PUBLIC RESORT'S. MANUF.ACTL'RED HOh1ES § $27,j~ 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 alu•a}•s accessible for inspection by the proper authorities. isor~' council on Amended by laws 1981, c. 365, § 9. plumber, One a 1981 Amendment. Laws 1981, c. 365, 4 9, factored homy" fur "mobile home" throughout er. The council generally authorized the substitution of "manu- the statute. council shall be 327.1]. Guest, registration Ever}, person, upon arrit•ing at any lodging house, manufactured home park, recreation, al camping area, cabin camp, motel or other resort described in se~ctiuns 3'?7.10 to 3'?7.13 and apph•ing 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 general]}, authorized the substitution of "manu• Lhe statute. ;D HO\lES 327.13]. Fraud A person who (1) obtains food, lodging, or other accommodations at a recreational camping area without pa}•ing 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 belonginfl to him, shall lion of, and re- be guilty of a misdemeanor. belongings. Added by Laws 1982, c. 642, 4 ?. td. MANUFACTURED HOME PARKS AND CAMPING AREAS contain appropria- 327.14. Definitions 'fecti~•e date. See nining the effective Subdivision 1. Terms. For the u ses of sections 327.10, 3'17.11, 327.14, to 327.'28 e he the terms defined in this section hav 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, Iot, field or tract of sand upon which two or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, cabin camp ea vehicle ar enclosure used or intended for use as part of the equipment of the manufac- , , tr resort furnishing tuned home park. shall provide and Subd. 4. Municipality. "Municipality" means any city, town or township in this sts provided with state, however oeganized. hereat; and every the such guest Subd. 5. Primary license. "Primary license" means the initial license issued to the , or enter for ister first person, firm or corporation to establish and maintain, conduct or operate a manufac- , d home address of lured home park or recreational camping area at any one location, end 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 ~cluding the name recreational camping area. 7 AItiliFACTURED tiOAiES ~ •uct or make alterations ,,... and the appurtenances Mme is denied by the state the reason or reasons for ~e applicant may amend his ~licant may appeal from the eciion 327.18. eff. Aug. 1, 1982. . Any license granted here- state department of health; .il first serve or cause to be way or ways in which such special rules or regulations 'e shall direct the licensee to condition. specified in such time as may be reasonably a comply with the terms and extended perbedore theestate or a hearing of the department of health. i make such determination as comply with such determina- !th to suspend or revoke the er provision of this section, °G and present danger t,o the more manufactured homes or of the central building for the arged ~ tealssuch o deryto the e may app ~o 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 ssota Statutes 1961, Chap ~r house pets of occupants of shall be allowed to run at large, ;ured borne park or recreational ~eational camptng area licensed 127.28 shall, among other things, cified: rge of every manufactured home l maintain the park oe area, and HOTELS, PUBLIC RESORTS. AIANUFACThRF.D HOMES ~ 327.24 it.5 facilities and equipment in a clean, orderly and sanitary condition. In any manufac- tured home park containinf* more than fifty 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 w'iil not endanger any water supply. :~o 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 seµ•age system whene4•er available. When a municipal sewage system is not available., a se~~•agr disposal system acceptable to the state commissioner of health shall be provided. (3) No manufactured home shall be located closer than three feet t.o the side lot lines of a manufactured home park, if the shutting property is improved propert}•, or closer than ten feet to a public street or alle}•. Each individual site shall abut or face on a dri~•eway or clear unoccupied space of not less than l6 feet in width, which space shall have unobstructed access to a public highway or alley. There shall lie 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 property, if the ~•ehicle or other property is parked at least ten feet from the nearest adjacent manufactured home position. The requirements of this paragraph shalt not apply to recreational. campin}; areas and variances may be l;ranted 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, safety and welfare of manufactured home park occupants. (4) An adequate supply of water of safe, sanitar}• quality shall be furnished at each manufactured home park or recreational camping area. The source of the water supply shall first be approved by the state department of health. At least one water supply outlet shall he 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 de~•eloped with the assistance and approval of the municipality 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 by a park shall not be Krounds 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 text of subds. l and ~J Amended by Laws 1981, c. 365, 5 9; Laws 198'l, c. 526, art. 3, 4 5, eff. Jan. 1. 1983. 1982 Amendment. Revised subd.•1. For for- mer text see main volume. 327.24. Enforcement Subdivision t. Violations. It is the duty of the state department of health to enforce the provisions of sections 327.10, 327,11, 327.14 to 3'??.l8 and the rules and regulations of the department applicable to manufactured home 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 (. § 327,16 HOTELS. PUBLIC RESORTS, MANUFAC"TUKEI) HUASES 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'.x.7.18. Amended by Laws 1982, c. 365, 4 9; La µ•s 1982, c. 526, art. 3. § 4, eff. Aug. 1, ]9R'L. 1962 Amendment. Revised Subd. '?. For for• 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 by the state department of health; provided, hov,•ever, that the state department of health shall first sen•e or cause to be served upon the licensee a written notice specifying the way or «•ays in which such licensee has fai)ed to comply v'ith 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, insanitzn• or objectionable condition, specified in such notice, within five days, or v.•ithin 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, µ•ithin 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. Summer}• proceeding. Notwithstanding any other provision of this section, the department of health upon finding that there is a clear and present danger to 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 Kith immediately. The licensee may appeal such order to the district court and shall be entitled to immediate trial de novo 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 to 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 :5 as amended. Amended by Laws 1981, c. 365, § 9. 327.20. •Rufes Subdivision I. Regulations. No domestic animals or house pets of occupants of manufactured home parks or recreational camping areas shall be allowed to run at Iarge, ar 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 aeetions 3'17.10, 327.11, 327.14 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 all times, who shall maintain the park or area, and 10 HOTELS, PUBLIC its facilities and eq• tured home park c responsible park en (2) A11 manufactr drainage of the par manufactured home the ground. All 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 betv.•een th and at least three fe between manufactu property, if the veh adjacent manufactu apply to recreations stoner of health in r, and in the opinion o and ~i•elfare of mane (4) An adequate manufactured home shall first be apprn~ outlet shag he provi or recreational camp (5) All plumbing s er of health and the (6) In the case of evacuation Go a safe weather conditions, plan shalt be develo; park is Located ant Nothing in this pars shelter or evacuatioc plan submitted by ; department of healtl obtain municipal app Amended by C.sws 19B 198`L Amendment. f mer text see main volu 327.24. Enforcemer Subdivision I. V the provisions of secs the department appl; the county attorney c unlawful operation o ~.: ! RED HOMES HOTELS, PU13LiC RESORTS, MANUFACTURED HOAiES § 327.16 •le" when used fl) 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 p, n s a pa . the partners if the applicant the applicant is a corporation. be used as a {2) A legal description of the site, lot, field, or tract of land upon which the applicant • Proposes to operate and maintain a manufactured home park or recreational camping rar~ ns 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 and tion building for toilets, urinals, sinks, wash basins, slop sinks, sho«•ers, drains, laundry source of water suppl~•, sewage, garbage and waste disposal; except that no cilities f , recrea , a toilet facilities shall be required in any manufaciured home park which permits on1}~ manufactured homes equipped with toilet facilities discharging to water carried sewage means any area, longer basis for disposal systems; 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 be located t i i .amps, industrial . o s ng area upon which the manufactured home park or recreational camp commissioner of {5) The calendar months of the year which the applicant will operate the manufactured ps, state wildlife :ricted in use t,o home park or recreational camping area.. (6) Plans and drawings for new construction or alteration, including buildings, wells, gg~; LaH•s 1982, c. plumbing and se~•age disposal systems. The application for the priman• license shall be submitted roval a es F bd 3 . pp ; e . . Su with all plans and specifications enumerated in subdivision 2, and payment of a fee in an 122 and ction 144 t Laws 198'?, c• 6~2• c. 'L16, § 8a• 1983 . o se amount prescribed by the state commissioner of health pursuant shall be accompanied by an approved zoning permit from the municipality or county , wherein the park is to be located, or a statement from the municipality or county that it does not require an approved zoning permit. The fee for the annual license shall be in an sioner of health pursuant to section 144.122. All i s amount prescribed by the state comm license fees paid t,o the commissioner of health shall be turned over t.o the state treasure'. ping area The fee submitted for the primary license shall be retained by the state even though the perate a manufac- propose{] project is not approved and a license is denied. t first obtaining a or corporation When construction has been completed in accordance with approved plans and specifica• tly cause the manufactured home par rom lth shall f h rm, I camping area on p p ea bons the state commissioner o r recreationa) camping area and appurtenances thereto to be inspected. When the e• A license shall o ection and report has been made and the state commissioner of health finds that al] i s to section 144.122. creational camping n p requirements of sections 327.10, 3?i.ll, 327.14 to 327.28, and such conditions of health commissioner •of health may require, have been met by the t t h to renewal license ceeds those of the a e e s and safety as t applicant, the state commissioner of health shall forthwith issue the primary license in the ~ for expansion are park or recreation- name of the state. Subd. 4. Sanitary facilities. During the pendency of the application for such primary of the intended manufactured home iliti f ith as two separate icuously displayed es ac license any change in the sanitary or safety park or recreational camping area shall be immediately reported in writing to the state If no d p The license. ~s not e. department of health through the office through which the application was ma alth to such change in such sanitary or f h t 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. 5. Permit. When the plans and specifications have been approved, the state rmitting the applicant to construct t l :anon for license to area shall be in pe repor department of health shall issue an approva or make alterations pertaining tQ water and sewage disposal upon a manufactured home urtenances thereto according to the plans d the a g mp nner as maybe pp park or recreational camping area an ma and specifications presented. al license shall make i Such approval does not relieve the applicant from securing building permits in munici• polities having a building code; or from complying with any other municipal ordinance or ng ant of health sett ordinances, applicable thereto, not in conflict with this statute. 9 `-.: ~~• r ~ 327.24 HOTELS. PUBLIC RESORTS. MANUFACTURED HOMES upon the premises of such manufactured home parks at any time for the purposes herein t set forth, or for the purpose of enforcing this statute. Subd. 2. Penalty. Any person, firm or corporation who shall fail to comply, or who operates without first complying with the provisions of sections 327.10 to 327.28, is guilty of a misdemeanor. Subd. 3. Private remedies. Any person injured or threatened with injury by a violation of sections 327.14 to 327.28 or of the rules of the department of health applicable to manufactured home parks may bring a private action in any court of competent jurisdiction. Amended by Laws 1961, c. 365, § 9; laws 1982, c. 526, art. 3, § 6, eff. AuR. 1, 1982. 1982 Amendment Added Subd. 3. 327.25. Operation, part of year If any applicant for a manufactured home park license desires to operate such manufactured home park only during the months fmm May 1 to October 1, he shall pay the above mentioned annual license fee. If in the opinion of the state department of health the sanitary and facility requirements herein contained are too rigid for the seasonal manufactured home parks, the department may in writing or by regulation modify such requirements as circumstances may permit and require. Amended by Laws 1981, c. 365, § 9. 327.26. Local authority over parks and eamping areas Subdivision 1. 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 321.28, or (2) upon any occupant of a licensed manufactured home park. Subd. 2. Local law enforcement. Any municipality which enacts or has enacted laws or ordinances relating to the safety and protection of persons and propert}• is empowered to enforce the laws or ordinances within an}• manufactured home park or recreational camping area located in the municipality, notwithstanding the fact that the park or area may constitute private property. Amended by laws 1982, c. 526, art. 3, § 7, eff. Aug. 1, 1982. 19fi2 Amendment. Revised this section. For former text see main volume. 327.27. Regulatory provisions ~ Subdivision 1. Fire extinguishers. Each manufactured home owner shall provide each manufactured home with a fire marshal approved type extinguisher, kept in constant usable condition. No manufactured home may be parked more than three days without a usable fire extinguisher in the manufactured home. Subd. 2. State speed limit. Except as provided in subdivision 2a, it shall be unlawful for any type vehicle to travel at a rate in excess of ten miles per hour while within the ' limits of a manufactured home park or recreational camping area. The ten miles per hour limit shall be elearly posted throughout the manufactured home park or recreational camping area, and may be enforced by the municipality in which the park or area is located. ~ Subd. tat Local speed Limit. A municipality may, by ordinance, set and enforce in a manufactured home park a speed limit whic12is higher than ten miles per hour but which I HOTELS, is not hi€ throughou Subd. 4. slop creati designated the buildin park. Amended b~ 1982 Amei Subd. 2a. S subd. 2. 327.28. Ur Where a I shall be un than in a lic are provide manufactur Amended by 327.33. Ads Subdivisic through a de perform suf insure comp The commis: inspections c Subd. 2. installation administratic sections 327. inspection fc program. Tl for each man be paid by th require the manufactures new manufac premises of , commissioner Subd. 3. rules as may 1981, Chapter those adopter sections 14.01 Subd. 4. I lation of man rules may incl f 'ACTURED HOMES HOTELS, Pt'BLIC RESORTS, 61ANt1FACTL'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 for repeal ojsubd. 3J t2?.14 to 327.28, is guilty Subd. a. Certain practices prohibited. Iv'o animal washing, car washing, or other slop creating practices shall be carried on in any building, structure or other place not tened with injurylibable designated for such purposes. No 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 ark. P Amended by Laws 1982, c. 36~, § 9; Laws 198'2, c. X26, art. 3, §§ S, 9, eff. Aug. 1, 1982. ..Aug. 1, 1982. 1982 Amendment. Revised Subd. 2 and added Subd. '?a. See main volume for former text of Subd. 2. 27.28. t'nlawful parking of manufactured homes desires to operate such to October 1, he shall pay Where a licensed manufactured home park is reasonabl~• 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 v.~ater facilities vziting or by regulation are provided for occupants' use 24 hours each day. This section shall not apply t.o =quire. manufactured homes parked under section 327.'l3, subdivision 2. Amended by Laws 19F1, c. 365, § 9. MANUFACTURED HOME $UILDING CODE license ,y may impose any •~ camping area complying on any occupant of ;2) u 327.33. Administration r t i p ors o nspec Subdivision 1. Inspections. The commissioner shall, through his own through a designated recognized inspection service acting as his authorized representative enacts or has enacted law's perform sufficient inspections of manufacturing premises and manufactured homes t.o owered and property is ernp insure compliance with sections 327.31 to 327.34 and Laws 1981, Chapter 365, Section 5. home park or recreational The commissioner shill have the exclusive right to conduct inspections, except for the fact that the park or area inspections conducted or authorized by the secretary. Fees. The commissioner shalt by rule establish reasonable fees for seals, Subd 2 . . 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 32.55. The commissioner shall also establish by rule a monitoring inspection fee in an amount that will comply with the secretary's fee distribution n fee shall be an amount paid by the manufacturer ti i i i nspec o tor ng program. This mon for each manufactured home produced in Minnesota. The monitoring tnspection fee shall r shall provide be paid by the manufacturer to the secretary. The rules of the fee distribution program require the secretary to distribute the fees collected from all manufactured home home owne ctinguisher, kept in constant manufacturers among states approved and conditionally approved based on the number of tion after leaving the manufacturer is on the t l fi h •e than three days without a oca ose rs new manufactured homes w premises of a distributor, dealer or purchaser in that state. All fees received by the commissioner shall be deposited in the state treasury and credited t,o the general fund. ision 2a, it shall be unlawful Administration and enforcement rules. The commissioner may adopt other 3 Subd ~s per hour white within the . . rules as may be necessary to administer and enforce sections 327.31 to 327.34 and Laws area. The Len miles per hour recreational k 1981, Chapter 365, Section 5. The rules shall, to the extent practicable, be uniform with ted in the manner prescribed by hall be ado l All or home par p es s ru those adopted by other states. t which the park or area is sections 14.01 to 14.70. issioner shall adopt rules governing the instal- Th set and enforce in a dinance e comm Subd. 4. Installation rubs. lotion of manufactured homes, and shall include them in the state building code. The t the time of installation. d i , miles per hour but which a nspecte rules may include a list of specific safety items to be ten 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 SECT t( , accessary structures. L'pon showing that another state provides for certification of ccesson• structures manufactured in compliance w°ith m d h f 1. 1n general LeKislation Kovernin~ o e a acture prefabricated manu standards at least equal to those established b}• the commissioner, the commissioner ma}• session of land upon wh is situated changed con by rule provide that any structure bearin certification affixed under the authority of that g invoh•ed in month•to-r state shall not be required to bear the certification of this state. Flamingo Terrace Hot Subd. 6. Authorization as agency. The commissioner shall apply to the secretar}' for r as the administrative agency for the regulation of manufac- i i h Scott, 1981, 31 ~ N.k'.2a Eflect of legislation one ss e comm approval of t tared homes under the rules of the secretan•. The commissioner may make rules for the lease terms to be of of create }•ear•to•}•ear tens administration and enforcement of his res onsibilities as a state administrative agenc}• p to terminate yearto-yea including, but not limited to, rules for the handling of citizen's complaints. All moneys see 60 days notice and received for services provided b}• the commissioner or his authorized agents as a state possessions ++•ithin 15 administrative agenc}' shall be deposited in the general fund. The commissioner is lease term. !d. charged with the adoption, administration, and enforcement of the Manufactured Home Where written notice c Construction and Safet~• Standards, consistent with rules and regulations promulgated by h terms and cor ela the U.S. Department of Housing and Urban Development. The commissioner may adopt to enforce the standards promul- ds necessar d d d r se a l K Bement u~as n, Prescribed by legislatioi y ar stan es, an the rules, regulations, co gated under this section. The commissioner is authorized to conduct hearings and covert' of possession of f rie++'s consistent with regulations adopted by the U.S. Department of t ti ons o presen a Housing and Urban Development and to adopt rules and regulations in order to tarn- out 327.45 to 327.4 7. R~ this function. Manufactured home p Subd. 7. Emplo}•ees. The commissioner may appoint such employees within the 327C.01 et seq. department of administration as he may deem necessary for the administration of sections 327.31 to 327.34, Laws 1981, Chapter 365, Section 5, and sections 327.51 to 327.55. 327.51 to 327.56. Ri Amended by Laµ•s 1911. c. 909, § 3; Laws 1974, c. 273, § 5; Laws 1981, c. 365, § 3; Laws 1982, c. 424, § 130. 1962 Amendment, Laws 1982, c. 424, § 130, The references appear generally throughout the MAKL'FI directed references to the administrative proce• statute. dare act be changed to reflect renumbering. 327.61. Citation 327.•11 to 327.43. Repealed by Laws 1582, c. 526, art. 2, !4 29, 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 Subd. 2. "Manufac~ 327 31 subdivision 6 1. in genera] lessor's recovery of possession of land upon which occupied mobile home is situated, month- . , , W or other valid encumb ' Effect of legislation requiring mobile home to-month tenancy of parties was converted to home s occupant; prov lease terms w be of one year duration was to year-to-yetu tenant},, 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 taws 1982 to terminate year-ta•year tenancy by giving les• giving lessee 60 days notice and by seeking to , see fi0 days notice and by seeking to recover ossessions within 15 days at end of annual t•ecover possession within 15 days at end of termination was improperly l l 19g2 Amendment. Rev p lease term. Flamingo Terrace Mobile Home ease term, annua albwed Id. mer text see main volume Park, Inc. v. Scott, 1981, 317 N.W.2d 697. 327.63. Applicability 327.441. Repealed by Laws 1982, t. 526, art. 2, 9 20. eff. March 23, 1982 327.44 '~ Subdivision 1. U.C. , + r fished by sections 327.E Manufactured home park lot rentals, see taw I for repossession of a i state, the provisions of ; ~ 3'17C.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 FOR A FRONT YARD SETBACK ON JACKSON AVENUE OF SIX QUEST BY MR. CLIFF LUNDBERG FEET AND A FRONT YARD SETBACK UN 4TH 5'rxD~;'r ur' r'1vr; ~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 th at the Planning Commission could not make a decision based on "ifs", regarding Mr. Lundberg's request for a parking variance. t~~ F: s~~ 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 Hearing 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 18746 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 " 3) That the hours of the campground operation be from 8:00 a.m. to 11:00 p.m. 1' - r -_ 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. 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 Cletus, a resident on the existing road to the campground, expressed his concern of the condition of the road and requested that the City consider talon g 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. Cletus 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 t~.a.t 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 ::4~ -. ~ ~ ~r:.~1- 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 two week maximum. ~~=^ Mr. Marty Tracy, Planning 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 xesident could potentially live there from April lst to November lst. 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 requires, which the campers and recreational vehicles do not meet. Further discussion was carried on regarding 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 keeping 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. ~j. City Council Minutes March 19, 1984 Page Seven .~,~ ? COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY ah,_~ ;: °`" 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 (109) 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 FACILITIES AND THAT THE STORE AND RESTAURANT NOT BE EXPANDED; 6) THAT THE PERMIT BE REVIEWED EVERY TWO YEARS NUISANCE ORDINANCE;:. AND 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 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 Corn- 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 a number of years ago, that the poles were set, and that he did not know about the City's setback requirements. Discussion was carried on between the City Council and Mr. Lockwood regarding the construction of the new barn and the cleanup of his property. 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 Condit-ions to impose on the Wapiti Park Camp ground 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 Campground conditional use permit, it is recommended that the City Council require 1) That the provisions of the Niinnesota 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 Gity'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 (612]441-2052 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 TJapiti 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: From: Mayor and City Council City Administrator I~/Iemorandurn (~ Ci~y of ~ r Date : Subject: May 3 , 19 8 4 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. White 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, `L-~' " ~ . Robert C. Middau h v g City Administrator RCM:st << ~.. 505 U.PA. 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 APPROVEATHE LANGUAGE L~P~#13ME#~ 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. The City Administrator indicated that a public hearing would have to be held '~'•~''~~ to order the project. .- a ~`~~ 7. Wapiti Park Conditional Use Permit - Continued Public Hearing _~, '_. y 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 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 fairl}=. 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 cam pfiround 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. Robert 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. j 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. h'hite 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. ' P1r. 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 PERMI T 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 in has requested a setup lic dicated that Mr. Roger White of Wapiti nark Campground ense 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 - `~`~ 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 Reciuest - Public Hearin 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, Block 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 Mrs. 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 use of Highway Commercial districts. Councilmember Gunkel indicated that the Planning Commission considered Mrs. Eckdahl's request and voted unanimously to 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 ~~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. Kreusex 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 most 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 I 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 f 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 Tr ~ St. N.W. II . ~, __.._ _ --. _ _.~~w..._...~. ______.. _ ___ _ ._._.__a,.._. ~_av_~__._.._..__._._.__. h ~'C., ttU~c~~T ~e `~- ~~ ~~ to -- --' y' ~-y,~r `~ ~a~ __ t ~~ ~.,~ ~; 1 ~~ Y ~ ~~y~~ r' r: V , .. ~ , i ~~~~a. _. J s A /~ _. -- . ~• ~~~ ~~~~ / _ ~~~ ~~~ ~~~~,-/'fit ... _ ~ __ ~i ~ __ ~~ i f _. . _. . . r' t ;. ~x {; _. ...~~ ~ ~! - t~~ G~~~~~ i 1~/ t-f~ ~~ ~~ \ ~, f .. __ `/f ` _ V r __. _ __ _ , 1l \ ._ , ~ ,, ~~~ _. ,~~~, ..` /1 ~ _ ;~ r ': ~! G l _. ~...'~ _.__, _ ~~" t .. L~~J ;~ ~ ....._. . t ~ __ Il ~ - f' ~r~ ... i ~' ' ~~ '/ i J _._. __.__..ti _ ~ ~r_ -- ~..~~.. r • ^,t,,.. --- ---- --- - -----A--- ~~~/1 ~~~,,~,1 ,~ REQUEST FOR ACTION TO ITEM NUMBER Ci Council 5.2.A. AGENDA SECTION MEETING DATE PREPARED BY Administration Au ust 2, 2010 Tina Allard, Ci Clerk ITEM DESCRIPTION REVIEWED By Consider Wapiti Park Campground, Inc. Liquor Licenses Lori ohnson, Ci Administrator REVIEWED BY ACTION REQUESTED Council motion approving the following thxee liquor licenses depending on the decision made by Council with regards to the Interim Use Permit. 3.2. Percent On Sale Malt Liquor License 3.2. Percent Off Sale Malt Liquor License Consumption and Display Permit BACKGROUND/DISCUSSION At previous meetings, the Council denied the above-mentioned liquor licenses due to the expiration of an Interim Use Permit for a building that houses a bar. Applicant Lorraine White has submitted all the proper application materials and successfully cleared a background check. ATTACHMENTS ^ May 17 and June 21 Staff Reports ACtlOtl Motion by Second by Vote Follow Up N:\Public Bodies\City Council\Coundl RCA\Licensing\Liquor\2010\Wapiti 08021U.doc `~y°f RE VEST FOR ACTION ~ ~ Elko .., ~ Rimier -ro Item Number Ci Council 6.3. Agenda Section Meeting Date Prepared by Administration Ma 17, 2010 Tina Allard, Ci Clerk Item Description Reviewed by Consumption and Display Permit Renewal -Wapiti Park Lori ohnson, Ci Administrator Campground, Inc. Reviewed by Action,Requested Staff recommends denial of the Consumption and Display permit to Wapiti Park Campground by resolution Background/Discussion Wapiti Park Campground, 19746 Troy Street NW, is requesting renewal of their Consumption and Display (C&D) permit. A C&D permit is issued by the State of Minnesota but requites City Council approval prior to its issuance. The permit expired on March 31, 2010. The City received the request for approval from the applicant in April. A C&D permit authorizes an establishment to serve liquids for the purpose of mixing with liquor that is brought in by a customer (commonly known as setups). The permit does not authorize the sale of intoxicating liquor. In reviewing the applicant's request for this permit, staff determined that the Interim Use Permit (IUP) for this property expired on April 17, 2010. An IUP for the construction and operation of the main building housing the laundry, bar, and offices was approved in Apri12000. The IUP was to expire upon 10 years, upon redevelopment, or when ownership of the property transferred, whichever happened first. A letter was delivered to the applicant notifying them they needed to immediately stop the consumption and display of intoxicating liquor on the grounds that there is no C&D permit. The applicant was notified that staff would be recommending denial of the permit request because the interim use permit has expired and they could attend tonight's meeting to voice any comments. Wapiti cw:rently holds valid 3.2 Percent On and Offsale Malt Liquor licenses which are set to expire on June 30, 2010. The applicant was notified that staff would be recommending denial of these two licenses, based on the same grounds noted above, at the June 21, 2010 meeting. They were also notified that they could seek renewal of their IUP by contacting the Planning Division. N:\Publie Bodies\City Council\Council R(;A\Licensing\l,iquor\2Q10\W:tpiti Cll Memo.doc Attachments ^ Resolution for Denial August 17, 1998 Staff Report and Minutes Apri112, 2000 Staff Report and Minutes Intervn Use Permit /~Ctlon tl~iotion by Second by Vote FoElow Up N:\Public Bodics\City Council\Council RCA\l,iccnsing\l..iyuor\2010\Wnpid C!~ Memo.doc RESOLUTION 10- 20 A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION DENYING A CONSUMPTION AND DISPLAY PERMIT TO WAPITI PARK CAMPGROUND, INC. DBA WAPITI PARK CAMPGROUND WHEREAS, the City of Elk River has received an application fox renewal of a Consumption and Display Permit from Wapiti Park Campground, Inc., d/b/a Wapiti Park Campground; and WHEREAS, property owner Lorraine White had an Interim Use Permit (Case No. CU 00- 6) that allowed for the construction and operation of a building housing a laundry, bar, and offices that could be used by campers; and WHEREAS, the Interim Use Permit was valid for ten years, until the property redeveloped, or until ownership of the property was transferred: whichever happened first; and WHEREAS, during a review of the Consumption and Display application the City of Elk River determined that the Interim Use Permit for this property expired on April 17, 2010; and WHEREAS, property owner Lorraine White hasn't requested a renewal of the Interim Use Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota as follows: 1. The application from Lorraine White for a Consumption and Display Permit is denied. Passed and adopted this 17`s day of May 2010. Steph 'e I~l.inzing, Ma ATTEST: , , ~'f Tina Allard, City Clerk ti;\t'uUlic 13udieti\Council\Rcsaluticros\Wapiti Denial.doc ~~ ®~' ~~~ v~~ To Item Number Ci Council Agenda Section Meeting Date Prepared by Administration une 21, 2010 Tina Allard, Ci Clerk Item Description Reviewed by Request by (Lorraine White) Wapiti Park Campground, Inc. Lori Johnson, Ci Administrator ^ 3.2. Percent Onsale Malt Liquor License Reviewed by ^ 3.2. Percent Offsale Malt Li uor License Action Requested Staff recommends denial of a 3.2. Percent Onsale Malt Liquor and a 3.2. Percent Offsale Malt Liquor license to Wapiti Park Campground, Inc. Background/Discussion Council adopted a resolution denying a Consumption and Display Permit to Wapiti Parlc Campground on May 17, 2010 based on expiration of an Interun Use Permit (IUP) for a building that houses a bar. Information on the denial and IUP is attached. The use of the building for the on and off sale of liquor is illegal and staff is recommending denial of Wapiti's 3.2 Percent On and Offsale Malt Liquor licenses. Attachments ^ Resolution for Denial ^ May 17, 2010 Staff Report ACtlon Motion by Second Uy Vote FOIIOW Up N:\l'ublic Bodies\Cit)~ Council\Council RCr\\l.iccnsing\I.iyuor\20111\Wapiti 3.2 OnOff l,iccnscs.doc RESOLUTION 14-~1 A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION DENYING A 3.2 PERCENT ONSALE MALT LIQUOR LICENSE AND A 3.2 PERCENT OFFSALE MALT LIQUOR LICENSE TO WAPITI PARK CAMPGROUND, INC./DBA WAPITI PARK CAMPGROUND WHEREAS, Lorraine White, Wapiti Park Campground, Inc.,("Applicant"), has applied for a 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License ("Licenses"); and WHEREAS, the City Council considered the application for the Licenses on.June 21, 2010, at which time the Applicant and all others wishing to speak were given an opportunity to present testimony to the City Council; and WHEREAS, the City Council, at the conclusion of its discussion of the Applicant's request on June 21, 2010, made findings regarding the Application. NOW, THEREFORE, the City Council of the Ciry of Ells River makes the following findings of fact and decision with respect to the application of Lorraine White fora 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License at Wapiti Park Campground, 18746 Troy Street. FINDING 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 building housing a laundry, bar, and offices that could be used by campers. This building is used for the on and off sale o£ 3.2 percent malt 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. 2. The Interim Use Permit expired April 17, 2010 and Lorraine White has not sought renewal of the Interim Use Permit. The use of the building for the on and off sale of 3.2 percent malt liquor is therefore illegal. 3. A license for the on and off sale of 3.2 percent malt liquor can not be issued to a building which is being operated illegally. DECISION The City Council of the City of Elk River hereby denies the Application fora 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License for Lorraine S:\l'ubGc Bodies\(:ouncil\Resolutions\wapiti Uenial 2,doc . White, Wapiti Park Campground, Inc. 18746 Troy Street, based on the finding of fact set forth above. Passed and adopted'this 2151 day of June 2010. ~. . -- r Steph nie Klinzing, or ATTES. . ~~ Tina Allard, City Clerk C S:\Public Bodies\C:ouncil\Resolutions\WApiu Denial 2.doc Office of the County Recorder Sherburne Gounty, MN Doc. No.719749 Certified, filed, andlor recorded on 9/28/2010 9:30 AM ' elle Ashe, County Recorder B Deputy Fees: ~4s. o0 719749 STATE OF MINNESOTA COiJNTY OF SI-~ERBURNE CITY OF ELK RIVER In the matter of: Wapiti Park Request: Interim Use Permit for Wapiti Park Campgrounds Case No. CU 10-16 CITY OF ELK RIVER CITY COUNCIL CONDITIONAL USE PROCEEDINGS ORDER GRANTING CONDITIONAL USE Lorraine M. White Trust, Owner The above entitled matter came to be heard before the City Council on the 2nd day of August, 2010, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for the following described property: See Attached Exhibit A IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons: 1. THE APPLICANT SHALL MAINTAIN ALL APPROPRIATE STATE LICENSES AT ALL TIMES. 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 THLF 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 n:\departments\community development\planning\case files\cup\cu 10-16 wapiti park iup\recording doc.doc 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. DATED this 2na day of August, 2010. n:\departmentslcommunity development\planning\case files\cup\cu ] 0-16 wapiti park iup\recording doc.doc STATE OF MINNESOTA ) COUNTY OF SHERBURNE) ss.. CITY OF ELK RIVER ELK RNER I, Jeremy Barnhart, Planning Manager for the City of Elk River with and in for said City, do hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with the original record thereof preserved in my office, and have found the same to be a true transcript of the whole thereof. If the proposed work described in a conditional use permit has not been substantially completed within two (2) years after its date of issuance, the permit shall expire and become void except that the Council may, following recommendations of the Planning Commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than six (6) months. C~ J emy B art Planning Manager IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk, River, Min esota, in the County of Sherburne, in the City of Elk River, on the ,~ ~~day of ;~~ ~/2010. DRAFTED BY: City of Elk River Signed before me a NOTARY PUBLIC Elk River, Minnesota 55330 this ~ day of ~ ~ °t~,'2010. --} E -2 OFFICE OF CITY PLANNING AND ZONING ~..«.~ DEBORAH KAY HUEBNER NOTARY PUBLIC • MINNESOTA Mp Comn~ioa 6lpket J1R, 31 ~ Z01S n:\departments\community development\planning\case files\cup\cu 10-16 wapiti pazk iup\recording doc.doc Exhibit A Parcel 75-131-2130 -the East Half of the Northeast Quarter of the Northwest Quarter, except the south 2 acres, Section 31, Township 33, Range 26, Sherburne County; Parcel 75-131-1205 -the West 392 feet of the West Half of the West- Half of the Northeast Quarter, Section 31, Townshipo 33, Range 26, Sherburne County; Parcel 75-131-2115 -beginning at the Southeast corner of the West Half of the Northeast Quarter of the Northwest Quarter, thence running due north to north shore of Elk River which is the point of beginning, thence following the meandering of said Elk River in a westerly, Northwesterly and Northeasterly direction, a point where said Elk River crosses the North and South line in the center of the Northeast Quarter of the Northwest Quarter, thence south on centerline to point of beginning, Section 31, Township 33, Range 26; Parcel 75-461-0010 -Lots 1 - 7, and part of Lot 8, Fourth Camp Cozy, Sherburne County, Minnesota; and, Parce175-452-0010 - Outlot A, Oak Knoll, Sherburne CountS~, Minnesota. n:\departments\communih~ development\planning\case files\cup\cu 10-] 6 wapiti park iup\recording doadoc ~~.~..~~ . ~,., aver 13065 Orono Parkway .Elk River, MN 55330 November 9, 2010 Lorraine White 18746 Troy Street NW Elk River MN 55330 Dear Ms. White: As you will recall, the City Council approved your interim use permit at their August 2, 2010 City Council meeting. Please note Condition No. 2.A. requires "a verifiable plan has been approved by the City Council that will ensure permanent residents will not live at the recreational camping facility." Please be -advised that in December, the City Council meets on the 6`b and 20~'. A plan will need to be submitted for staff review at least 10 days prior to the anticipated Council meeting date. If a plan is not approved by January 1, 2011, the Interim Use Permit and or the liquor license maybe terminated. To date, the City has received no information, plans, or statements as required by the conditions. Full action and conditions were as follows: MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE AN INTERIM USE PERMIT FOR WAPITI PARK CAMPGROUND, INC., CASE NO. CU 10-1G WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL MAINTAIN ALL APPROPRIATE STATE LICENSES AT ALL TIMES. 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 Phone: 763.635.1000 Fax: 763.635.1090 www.ci.elk-river.mn.us 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; G) 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; Phone: 763.635.1000 Fax: 763.635.1090 www.ci.el k-river.mn.us 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. MOTION CARRIED 5-0. Also, regarding the liquor license request: 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 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; Phone: 763.635.1000 Fax: 763.635.1090 www.ci.elk-river.mn.us 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; 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. MOTION CARRIED 5-0. If you have any questions regarding the Interim Use Permit, please contact Jeremy Barnhart at 763/635-1032 or email him at ibarnhart ct,ci.elk-river.mn.us. Sincerely, Jeremy Barnhart Planning Manager Cc: Adam Kaatz, 1907 E Wayzata Blvd, Suite 170, Wayzata, MN 55391 Phone: 763.635.1000 Fax: 763.635.1090 www.ci.el k-river.mn.us City Couacil ATiautes December ?A, 2010 Page 2 4. en 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. Coundlmember Morin 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 fizrther 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 HE;ARTNG TO FEBRUARY 22, 2011. MOTION CARRIED 4-0. 5.2. ~iti Park Campgro nd atP 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 dry attorney. Mr. Barnhart suggested the following two options on how the Counal could proceed: 1. Move to grant a ten year interim use permit subject only to the conditions agreed to by Wapiti Parr 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 CARRTRD 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 Council noted they were looking forward to the event. Item # 5.2. MEM©RANDUM TO: City Council FROM: Jeremy Barnhart, Planning Manager DATE: December 20, 2010 SUBJECT: CU 10.16 Wapiti Park Campground Update At its meeting on August 2, the Council approved an interim use permit for Wapiti Park, subject to several conditions. Among the conditions was a requirement that the Interim Use Permit would expire on January 1, 2011 if the following items in bold were not completed. The purpose of this memo is to update the Council on the status of these items. While Wapiti Park has 11 days to complete the items, this is the last Council meeting scheduled for 2010. Staff's update follows each item. L THE INTERIM USE PERMIT SHALL BE VALID FOR TEN YEARS OR UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. IN ADDITION THE IN'T'ERIM 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 aot licensed to perform inspections has observed the septic system and submitted a letter, but this was done inconsistent with the State MICA requirements. Staff has informed them of the requirement. c. STAFF HAS APPROVED A MANURE MANAGEMENT PLAN, IN COMPLIANCE WITH SECTION 10.9 OF CITY CODE; No plan has been received. N:\Pub&c Bodies\Gty Cottrtcil\Council RCA\Agenda Packet\ 12-20-7A10\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 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: f} THAT A PRNATE 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 1fl9, WITH 20 TENT SITES AND THAT NO ADDITIONAL CAMPSITES BE PERMITTED; 3} THAT THE HOURS OF THE CAMPGROUND OPERATION BE FROM 8 AM TO 12 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; b) 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 13:\PubGc Hodies\City Counal\Councl RCA\Agenda Packet\12-2Q2010\Wstpiti.doc RECREATIONAL CAMPING AREAS AND REFERRED TO AS MDH 187, AND THE PROVISIONS OF MINNESOTA STATUTE 327.10 THROUGH 327.28 PERTAINING TO RECREATIONAL CAMPING AREAS AND RECREATIONAL CAMPING VEHICLES SHALL APPLY AND BE CONDITIONS WITHIN THE CITY'S CONDITIONAL USE PERMIT; AND 9) THAT THE WHEELS MUST REMAIN ON VEHICLES PARKED IN CAMPGROUND AND THAT THERE BE NO PERMANENT UNITS FOR RENTAL PURPOSES. These items were the original conditions of the 1984 CUP. It appears that, with the exception of # 6, S, and 9, the items have been complied with. l~f:\Pub&c Bodies\Ciry CamallCcxuia'! RCA\Agenda Packet\]2-~-ZO]0\Wapiti.doc N~c~a~~ Barnhart,leremy From: Beck, Peter K. <peter.Beck@gpmlaw.com> Sent Monday, December 20, 2010 5:24 PM To: Johnson, Lori; Barnhart, lsremy 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 approvaE were addressed. Until recently, it appeared that Wapiti would be proposing to comply with most, but not all, of the Council's conditions. More recently, it appears that Wapiti is not willing to comply with most of the conditions, including conditions requiring that a plan be put in place to ensure that permanent residents 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 deftnition 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 Gouncil 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. I'll be at my desk, if you have any questions. Peter Beck , Attorney Gray Plant Mooty e 500 IDS Center 80 South Eighth Street Minneapolis, MN USA 55402 Phone: 612.632.3001 Fax: 612.632.4001 Mobile: 612.991.1350 Peter.BeckCaaanmlaw, com Click Were ~'or 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;vlrayZaia wow group, L,7_S~. 7v.~i.y \..VU{IG71 IYIGi111JG7.7, 1 t VVVVV IvaV2 ~-+•..~ ..-.~... ~ ~~~•~ ~ ~~ • ~ -- ~-- IvAYZATA tANW CN(tt1Y, LLC. .~ 140? EAST M,AT'ZhiA BlYE1.. Si~!EE i'Q--. WA1'2AT~, ~ti NIIESOTn SS341 lCl• 95'!~17p .~t 025` t4 ~: 'lit A'S . Jd47~.,_._.____•----' _~ LISTEN • T111NK • ADVOCATE • Cl11DE October Z5, 2~t0 Peter Beck Elk River City Attorney 500 IDS Center 80 South 8~' St Minneapolis, lulN 55402 RE:: wapiti Park Campgrounds. tnc. Dear Peter, NIA U.S. MAIL l write to you in the hopes e+f corning 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, nancanfarming use and that its operaton is regulated exclusively by the State of Minnesota, Department of Health. !f we are unable to came to an agreement, it is my hope chat the City and Wapiti Park will submit the matter to the District Court an stipulated facts for the determination of Wapiti Park's property rights. if the City acknowledges Wapiti Park's status as a legal, noncanfarming use, Wapiti Park wat~td agree to the following conditions: 1. Wapiti Park would insert the following language in its rules goveming all campers: "campsites may not be used as permanent residences." 2. Wapiti Park witl 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; 4. Wapiti Paris will not add any additional campsites; 5. Wapiti Park's hours of operation will remain at 8:04a.rn. --11:OOp.m.; 6. Wapiti Park will continue to comply with all Minnesota Department of F{ealth rules anci regulations pertaining to recreational camping sites; and 7. Wapiti Park wil! require that wheels remain on vehicles. parked in the oampground. Because time is of the essence, ws would appreciate your response to our proposal by November 15, 2010, ,l~s G, t2oaiu OutECS DAL: s52.475.O987 e-nnos~: jrobin~rayzatalawgroup.com Please contact me at my office to discuss the matter further. T1:vvayZeta yaw vrvup, ~~~. i o:~.iiy wunvu ~rion~uoi a ti i f VJVw~V 1 V~7V~ ~~.~~ ~ •-~~~~ ~ w••~ ~ ti~ ~ y r-.-~T Very Truly Yours, Wayzata haw Group, PLC .~ _ ~~ .. James G. Robin JGRfac~ 2 m:way7.a~a L_aw group, LL.I. i v:~,~ry ~.vuncFl w~empers ~ i ro~ooa,~~u~ ~~.yw i~c+av~ i win ~ vv ry ..~~.Y M.. Nr ~AYZ AT.4 LA\V QR(7 t!P. LL(:. ^.,...~.___...._..._.~.._.___.~..._.~,._.._.~.~.~_._.-r.-_-.... -._..,~~-{•+[ti/ ;4U7 GAST V~AYZATA BLEU., Sll!1E liU YiAYZAIA. hi11tiE$l')lA i~s')1 TEL' 45? , 4: S . t U25 fAX: '~i7.. 1?G .1.147 LISTEN • THINK • AUYOCATF GUtDF AuArsr+ C. KAA7Z D~~ecT D~~: 92.475.0910 ~-nlw~~: akaatz@wayzatalawgroup.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 7fi3.635.1090 Due to today's weather, l request your indulgence and submit Wapiti Park's position in writing. In October we submitted the attached offer. Since then we have worked with city staff but have been unable to come up with conditions that would work for both the City and Wapiti Park, It has been and continues to be our position that Wapiti Park is a legal, nonconforming use and that its operation is regulated exclusively by the S#ate 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 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, LLC ~~ Adam C. Kaatr Enclosure City Council Minutes Page 4 January 18, 2011 ----------------------------- MOTION CARRIED 4-0. 6.2. Resolution Regarding the Interim Use Permit for the Store Building at Wapiti Park. Case No. CU 10-16 Mr. Barnhart provided information on this item as outlined in his staff report. He stated Wapiti Park has indicated they are not willing to comply with the conditions of the Interim Use Permit. Councilmember Motin asked staff if the conditions have been completed. Mr. Barnhart replied that his report was still accurate as of today Qanuary 18, 2011). Attorney Representing Wapiti (name notgiven) -Stated he would like to clarify his client's position with respect to Mr. Barnhart's report. The attorney proceeded to address the findings in the resolution regarding the interim use permit for the store building at Wapiti Park Campground. Findings # 1- 4 He agrees with the first four findings but would like to point out that when the campground became alegal-nonconforming use, because of the rezoning referred to in Finding #4, its use rights were free of any previously imposed conditions. He stated it became a legal non- conforming use without conditions. Councilmember Motin asked the attorney if he was stating that Wapiti Park could , completely ignore the conditions that were in place before then. The attorney stated yes. Finding # 5 He does not agree that city ordinances did not allow the reconstruction of the burned down building. He stated the value of the destroyed accessory use was far less than 50% of the value of the total use of the property. He believes the city had no authority to prevent reconstruction of the building as long as it was completed within twelve. months of the fire. Finding #G He agrees with the finding except for the portion that describes why the city treated the Conditional Use Permit application as an Interim Use Permit application and the portion indicating a sale or development was likely to occur in ten years. He stated the 2000 Interim Use Permit was issued with only two conditions. He stated this is important because when his client was deciding whether to rebuild the building, there were only the two conditions imposed. Finding #7 He agrees with the finding but notes that the permit expiration date was April 17, 2010. He stated the Council adopted Ordinance #10-03 on March 15, 2010, amending Section 30- 658 of the zoning code. He stated this ordinance was effective on Apri13, 2010 while his client's Interim Use Permit was still in force. He stated this ordinance amendment made the use of the building by Wapiti a legal non-conforming use. He stated by virtue of Elk River City Council Minutes January 18, 2011 Page 5 City Code Section 30-701, Section 30-691, and Minnesota Law that his client's use of the • building became a legal non-conforming use with full privilege to be continued without the need of an Interim Use Permit or a Conditional Use Permit. Finding #8 He agrees with this finding but believes the application referred to was the result of wrongful action by city staff in telling his client that they could not legally use the building and would not be eligible for renewal of their liquox license. Finding #9 He agrees with the finding but claims Wapiti's right to use the building is not dependent on the 10 year Interim Use Permit passed by Council but instead upon its right to continue the legal non-conforming use created by the zoning ordinance amendment on Apri13, 2010. He stated even if Wapiti needed an Interim Use Permit, it is his contention that all of the conditions imposed in the August 2 action are illegal and unenforceable. He listed the following reasons: ^ The conditions attempt to illegally regulate the legal non-conforming campground use and constitute an uncompensated regulatory taking of a valuable property right owned by his clients. ^ The conditions are arbitrary, capricious, and have no relation to the use of the building as an office, restaurant, bar, laundry, and gathering place. He stated the August 2, 2010, motion imposed 17 conditions but that Mr. Barnhart's January 8, 2011, letter recommended only four conditions. He stated the conditions are illegal and unenforceable because the regulation of the campground has been pre-empted by the State of Minnesota and delegated to the Minnesota Department of Health. He stated his client has complied with the Minnesota Department of Health's licensing requirements since the 70's. He stated Elk River City Code does not authorize the Council to grant an Interim Use Permit and then make it subject to termination if certain conditions are not met by some later date. He stated this is a violation of the MN 60 day rule law. He stated if the city terminates the Interim Use Permit and its liquor licenses, that these actions will constitute a regulatory taking of valuable property rights exposing the city to claims of damages. ^ He stated the aty has no procedure set forth in its ordinances for the revocation of an Interim Use Permit. He stated Wapiti Park will have been denied both substantive and procedural due process if the city takes action to revoke the Interim Use Permit. Finding # 12 He stated the definition is specifically limited in its application to the use within the specific sections of the statute and should not be used here. Finding # 13 He stated this finding misstates the statute. He stated Minnesota Statute, Chapter 327, Subdivision 8 states a recreational camping area means an area used on a daily, nighfly, weekly, or longer basis and does not use the word "temporary" to define a recreational camping area. Finding # 1 S • He stated this finding is immaterial to the Interim Use Permit for the use of the building. He stated there is no definition of what staff means by "permanent residents". He stated many City Council Minutes January 18, 2011 Page 6 who considered themselves long-term residents of the campground in August are no longer • there because they were afraid the city was going to close the park and make them move during the months of January/February. He stated the permanent residents that everyone was afraid of are no longer permanent because they are not there anymore. Finding # 16a. He believes is false and immaterial to the Interim Use Permit. Findin8 # 16 6 ~' c He believes is immaterial to the Interim Use Permit. Finding # 16d He believes to be an allegation and immaterial to the Interim Use Permit. Finding # 16e He stated it expresses concerns but offers no proof to justify them. Finding # 16f He stated it expresses concern but offers no evidence to which he can rebuttal. Finding # 17 He stated this finding is untrue. He stated the August resolution of approval of the Interim Use Permit named seventeen specific conditions, not seven. He stated his client has complied with twelve of the conditions. He stated they have maintained all stated licenses and given written testimony regarding the functionality of the septic system. He stated Elk River City Code, Section 10-9 doesn't mention a Manure Management Plan or give guidance as to how to complete one. He stated Wapiti Park is in compliance with all the violations of the state health inspector with the exception of one and they have special permission to put the condition (replacement of two tiles in the shower) off until this spring. He stated the private road agreement has existed for over 30 years. He stated the maximum number of campsites has not been exceeded and they've complied with the hours of operation. He stated Wapiti Park only permits minor maintenance and repairs. He stated the store building is used primarily for campers and the horses are not a nuisance. He stated the wheels are on all the vehicles. He stated city staff would like to see Wapiti Park go away. He stated closing it for two months every year would probably make it happen. He stated they are not going away without a fight because the law doesn't allow city zoning regulations to get rid of businesses. He stated the city told his client this building could be built for what it is used for back in 2000. He stated his client made a personal investment based on the two conditions to the use of the building. He stated they had a right to believe the Interim Use Permit would be renewed. He stated they became a legal non-conforming use through a technicality on August 3 when the city changed its zoning ordinance. He stated his client would like to work with the aty on being a good Elk River business. He stated his client can't call the cops because there is animosity between the city and the campground. • City Council Minutes January 18, 2011 Page 7 He stated the city should take positive action tonight to prevent cosily litigation. He stated • with any other decision his client will have no choice but to pursue litigation. Attorney Beck stated the other attorney's statement "that some of the staff would like Wapiti Park to go away" is false and he hasn't' heazd anybody, including Council or staff, over the years say anything to this effect. He has heard the desire to have Wapiti Park brought into conformance as a campground with state law for the safety of the people there. He stated Wapiti's attorney's comments have shown no support in reference to law. Attorney Beck stated the concept that all conditions are wiped out and no longer enforceable when the campground went from a legal conditional use to a legal non- conforming use is not the law. He stated a legal non-conforming use is lawful under the same conditions as when it was a conforming use as long as the applicant complies with the conditions. He stated back in 2000 the Interim Use Pernut was the only option available to the applicant to allow the reconstruction of the store building. He stated this occurred prior to the state legislative changes in 2006, which allows anon-conforming use to be rebuilt as long as it's not expanded. He stated unti12006 city ordinance had an amortization schedule and a schedule that provided that a use damaged by more than 50 percent could not be rebuilt. He stated the applicant applied for and accepted the Interim Use Permit and it is binding. Attorney Beck noted the conditions of the 2000 Interim Use Permit were for 10 years which was recognized and accepted by the city and the applicant for the 10 year period. • He stated he is unsure why Wapiti Park would think the ordinance amendment would eliminate its conditions or why the change in the Interim Use Permit ordinance would create an unregulated right to rebuild or remain in the building. He stated the city is authorized to grant an Interim Use Permit with specific time or event terminations and that termination at the end of 10 years or of a condition not being met would be lawful. He stated he didn't hear any basis for the concept that the 60 day rule would impact that. He stated this is not a procedure to revoke an Interim Use Permit. He stated it is a decision on whether the Permit approved on the stipulation that the conditions outlined in Council's motion be met should be extended or whether it should expire because those conditions outlined haven't been met. He stated it is not accurate that city regulations are pre-empted because the State Department of Health is involved with the regulation of campgrounds. He noted the state statute says approval by the Department of Health does not relieve the applicant from securing building permits from municipalities that require permits or from complying with any other municipal ordinance or ordinances applicable thereto not in conflict with the statute. He stated the conditions outlined by the city, which go back to the early 80's, have been directed toward bringing the campground into compliance with the state statute for campgrounds. He believes the conditions are not in conflict with the statute because they are an effort to bring the use into conformance with the statute. Attorney Beck disagrees with the statement by the applicant that state law allows permanent residency at a campground. He stated the definition of "camping area" provides that it's for recreational camping vehicles and the definition of recreational camping vehicles in all its . subparts references temporary dwellings for travel, recreation, and vacation use. He stated to try and separate the two definitions from each other to get to the conclusion that there can City Council Minutes January 18, 2011 Page 8 be permanent residency in a campground is contrary to the specific language of the statute and to its intent. He stated Minnesota Statute Chapter 327 also regulates manufactured home • parks which are intended for permanent residenry and the statute incorporates a number of protections for permanent residents in mobile home parks that clearly intends that there will be a higher standard of both the vehicles/dwellings in a manufactured home park as opposed to a camping area. He noted the closing of Wapiti Park in January/February was a staff recommendation that was not adopted by the Ciry Council. He stated it was clear from the Ciry Council that it was going nowhere and staff was directed to find another way to address the permanent residency issue which has been a concern with the campground for over 20 years. He stated staff has done a number of things to research the campground in determining compliance with state law and one was to check with Sherburne County on the tax status of vehicles. He noted this finding shouldn't be chazacterized as an allegation and there is sufficient factual bases to support it in the resolution. He noted some of the vehicles are taxed as a mobile home. He stated the evidence to justify the health issues are in the staff reports submitted by the Environmental Division. He noted the fact that solid waste has been recovered from the river over the years and is the justification for the Solid Waste Plan. He noted this Plan has not yet been submitted. He stated the city has asked for documentation of compliance of the septic system to Pollution Control Agency standards as outlined in state statute. He stated the city provided the applicant with the building official's advice as to the requirements of this process. He stated a Pollution Control Agency licensed inspector must do the inspection and there is a three step process for it. He stated it is the city's responsibility to confirm that the septic system (which is located in the flood plain) is functioning and not polluting the river. He noted the Police Department staff report has been included and supports the finding related to public safety concerns. He stated there is not a discrepancy in the number of conditions and noted that there are 17 conditions and one of them specifically incorporates the conditions from the 1984 Pernut He stated Condition 8 & 9 from that Permit haven't been complied with. He stated the resolution before the City Council does not make a fording with respect to the non- compliance with any of the other seven conditions from the 1980's Permit. He stated what he has heard and discussed with staff is an effort ro make sure Wapiti Park functions as a campground per the statute which authorizes the city to ensure its ordinances are complied with. He stated Wapiti Park went ahead and built the building on reliance that the Interim Use Permit would be for the full 10 years as they wanted. He stated staffs position is that it could be renewed for another 10 years if the long outstanding issues related to the campground that it serves can be addressed. Councilmember Motin stated he recalls when this issue came up in 2000. He stated land was being developed rapidly and Council struggled with how to let Wapiti stay in business when they had a use which the city was unable to let them stay in business. He stated the decision was made to go with the Interim Use Permit. He stated at that time the representatives of • Wapiti Park did not expect to be in business in ten years. He stated if anyone at that point City Council Minutes January 18, 2011 Page 9 wanted Wapiti gone, it was the owners of Wapiti because they expected to be developing the property or selling it during the interim use period. Councilmember Motin stated the 10 year period is complete. He stated Wapiti Park built the building on the assurance that they could have it for ten years so the city gave it to them. He stated if Wapiti Park wanted to do another Interim Use Permit, which it did, it doesn't mean the city can't impose conditions. He stated they have ignored the conditions and he has no problem ending the Permit under these circumstances. He stated Wapiti Park has been disregarding conditions since 1984. Councilmember Zerwas concurred regarding the ending of the Interim Use Permit because clearly no progress has been made since August and no progress seems to be in sight. Mayor Dietz stated he would be more comfortable with allowing the city attorney to research the comments made tonight. Wapiti's attorney agreed to provide the supporting law that he relied upon to make his statements tonight and also provide his statement. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO EXTEND INTERIM USE PERMIT, CASE NO. CU 10-16 TO MARCH 21, 2011, ON CONDITION THAT THE CONDITIONS APPROVED ON AUGUST 2, 2010 BE COMPLIED WITH. MOTION CARRIED 4-0. 6.3. Direction on Whether to Initiate Revocation of Liquor Licenses for Wapiti Park This item was continued to March 21, 2011. 7.1. A1~tioint Two Councilmembers to the Administrative Hearing Board Ms. Allard presented the staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPOINT COUNCILMEMBER GUMPHREY AND COUNCILMEMBER MOTIN TO THE ADMINISTRATIVE HEARING BOARD TO DECEMBER 31, 2011. MOTION CARRIED 4-0. 7.2. Open Meeting Law and Data Practices Review Attorney Beck provided a review of the open meeting law and data practices. He reviewed the League of Minnesota Cities Handbook along with their Risk Management Memo, Electronic Communications Between Councrlmembers. He discussed the city's Guidelines or Electronic Communication Between Memberr of Council, Commissions, and Board Attorney Beck further reviewed a Risk Management Memo regarding the Government Data Practices Act. Council asked various questions to which Attorney Beck answered. 7.3. Parks and Recreation Director . Ms. Johnson presented the staff report. She reviewed the differences between the Parks and Recreation Commission version and staff version as noted in her report. REQUEST FOR ACTION TO ITEM NUMBER Ci Council 6.3. AGENDA SECTION MEETING DATE PREPARED BY Communi Develo ment anua 18, 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. The table below notes the type of license 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 une 30, 2011 Consumption and Display March 31, 2011 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 Ciry 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. 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\Licensing\Liquor\2011 \Wapiti Direct from CGdoc 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 fox 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. ATTACHMENTS ^ August 2, 2010 Minutes Action Ivfotion by Second by Vote Fotlow Up N:\Public Bodies\City Council\Council RCA\Licensing\Liquor\2011\Wapib Direct from CC.doc City Council Minutes August 2, 2010 Page 3 Ms. Johnson stated the DNR will verify e signatures. Ms. Johns n discussed the required process in order to draw down the lake. MOVED BY COUNCILMEMBER ZER AS AN SECONDED BY COUNCILMEMBER MOTIN TO SET PUB C HEARING DATE OF TUESDAY, SEPTEMBER 7, 2014, FORT E RAW DOWN OF LAKE ORONO IN ORDER TO REDUCE THE CURLY L POND WEED. MOTION CARRIED 5-4. Councilmember Motin stated he would hl~more projects. / 5.1. Baile~Point Ms. Johnson noted this i 5.2. Request by Wapiti Park f Public Hearing requested to be delayed as in her staff report. Tricia 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. I{aatz 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 in 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. provided for both these Mr. Barnhart presented the staff report noting staff and the Planning Commission's recommendation. City Council Minutes August 2, 2010 Page 4 Alisha Kish, 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. Kim 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 I{linzing 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. Council 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 says recreational camping facilities can't be City Council bfinutes August 2, 2010 Page 5 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 city needs to ensure that there aren't permanent residents staying 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 ofnon-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 residenry 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 10-16 WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL MAINTAIN ALL APPROPRIATE STATE LICENSES AT ALL TIMES. City Council Minutes August 2, 2010 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; Ciry 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 UNITS 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 MAY BE 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 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; 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 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. MOTION CARRIED 5-0. 5.3. Mr. Benoit presented Mr. Lees erg's staff report. +• E1 REQUEST FOR ACTION River TO ITEM NUMBER Ma or and Ci Council 6.2. AGENDA SECTION MEETING DATE PREPARED BY Communi Develo went an 18, 2011 erem Barnhart, Pla ~ Man er ITEM DESCRIPTION REVIEWED By 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-lb/ 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 betaveen 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\City Council\Council RCA\Agenda Packet\01-18-2011\Wapiti.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 for 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 fox 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 residenry 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 residenry 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 residenry 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\City Council\Coundl RCA\Agenda Packet\O1-18-ZOli\Wapiti.docx M- 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, IN 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 are 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\01-t8-ZOll\Wapiti.doac . ,, 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 SHALI. 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:\Public Bodies\City Council\Council RCA\Agenda Packet\01-1&2011\wapiti.docx ATTACHMENTS ^ Resolution _ regarding the Interim Use permit for the store building at Wapiti Park ^ 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 for July 13, 2010 meeting ^ Planning Commission packet for July 27, 2010 meeting ^ August 17, 1998 memo from Stene 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\Counal RCA\Agenda Packet\01-18-201 ] \Wapiti.docx Resolution No. City Council City of Elk River A Resolution of the City of Elk River Re~ardin~ the Interim Use Permit for the Store BuildinE at Waaiti Park Camasround 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 Pazk 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-lb 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 yeazs. 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 Pazk 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 NP 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 azeas and recreational camping vehicles aze for "temporary", "travel, recreation and vacation" uses. 14. Chapter 327 of Minnesota Statutes also regulates manufactured home parks, which aze 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 Pazk 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 yeaz Interim Use Permit for the Wapiti Park 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 Pazk Campground have been residents there for a year or longer and consider it their permanent residence; c. A number of the campers/residents aze not at Wapiti Pazk 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 aze 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 aze 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 aze 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 Pazk 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 yeaz 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 into 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 Pazk Campground have the wheels removed and aze being used as permanent residency units. Therefore, Wapiti Pazk Campground is not in compliance with the requirements of its 1984 Conditional Use Permit. Record 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 r~ Planning Commission Mmutes Page 3 Jury i3, 2oio --------------------------- 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 SENNEL 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. CU 10-15 The staff report was presented byJeremyBamhart. 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 dated July 13, 2010. Chair Westberg opened the public hearing. Terry Morrell, Elk River Sales & Leasing,10752171~~ Avenue NW (applicant) -stated that approval is needed from the governmental regulating agenryto 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 LEMSE AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST FOR A CONDITIONAL USE PERMIT BY ELB RIVER SALES & LEASING WITH THE FOLLOWING CONDITIONS: 1. VEHICLES AND EQUIPMENT ACQUIRED AS PART OF THE AUTO DEALERS LICENSE ARE INTENDED FOR MORRELL TRUCgING 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. Request by Wapiti Park (L.oiraine White) for Irnerim Use Permit. Public Hearing -Case NO. CU 10-16 The staff report was presented by Jeremy Barnhart. He stated that the city is looking for minimal improvements to be made to maintain consistency with 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 ItJP with conditions as stated r~ ~J Commissioner Ives asked if Condition # 2 regarding the septic system also covers runoff or drainage. 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 Mnutes 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 documernation to show that. Commissioner BeII 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 a 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 Heahh for a copy of their inspection to see what corrections were requested. Cbair Westberg opened the public hearing. Adam Baatz,1907 East Wayzata Blvd, Suite 107, Wayzata, MN - stated he is representing Anita Glen, manager of Wapiti Parr and Lorraine White, owner of the property. Mr. Kaatz submitted a letter from Gary Schluender which states the septic system is functioning properly. He stated that he toured the properrywith the city's environmental. technician Nicki Blake-Bradley. He stated he felt that Ms. Braclleywas impressed with how. the park was kept up, and that she had two minor concerns regarding burning. He stated Ms. Bradley found that the animals are properly confined; the runoff goes into ditches and not irno the lakes and streams; and the number of trash containers was adequate. He stated he will work with Iv1s. Bradley on both the debris managemern and manure managemern 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 work with the Caxy Council on something Less than closure for tug 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 arty issues there maybe. He had concerns with hinging approval of the ILTP 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 only place some individuals have; they may not be able of f ord to get as apartment or live somewhere else at this time. Jerry Beillor,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 theyhave never.returned. He stated that both of his children are very healthy. He stated he has no problem keeping his babyandthree-year old warm. He stated he was opposed to closing the Campground for t~ months, as he had no other oprions. Mr. Beck asked howlong 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 if he was a permanern resident. Mr. Keillor stated he would not consider himself permanern 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 manypeopl,e come from the metro area to camp there. She noted PLwning Gomnvssion Mnutes July 13, 2010 --------------------------- Page 5 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 with 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, Chair Westberg closed the public heating. Mr. Beck explained that the propenyis not zoned for a c~nnpground, but it is "grandfathered in" as a nonconforming use, which means it cannot be expanded When their building burned, the ciryapproved an interim use permit for ten years, rn order for Wapiti Parkto stay in business. Mr. Beck explained that the city found a way to allow Wapiti to stay by issuu;g the IUP for~ten years, as k seemed developmern 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 verydifferern requiremerns set bythe state for manufactured home parts and campgrounds. He stated 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 residerns. 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 is 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. Bamhan 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 apartmerrrs 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 feh there should be more discussion on Condition # 5. Commissioner Anderson stated that Commissioner Scott forwarded his comments to him ITis concern and Commissioner Scott's concerns are the outstanding 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 thinyyears and is aware the Wapiti area is a beautiful, pristine area, He feh the heahh, safetyand 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 Muzutes July 13, 2010 Page 6 operations at Wapiti. He stated he would not vote in favor of the IIJP 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 communitysystem, the pem~its 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 Mx: Kehler stated no, that he has a post office box Commissioner Bell stated that he did not think it was the cites 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 thepneed to look ax the actual violations to see if theyare tralyhealth safetyissues. There could be soresthing 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 necessarily a heath safety issue, and could be some type of sanitary issue. He stated the Commission does not know if the concerns are serious or not serious. iVlr. 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 LEMBE AND SECONDED BY COMMISSIONER IVES TO TABLE THE REQUEST BY WAPITI PARg TO A SPECIAL MEETING OF THE PLANNING COMMISSION ON JULY 27, 2010. MOTION CARRIED 5-0. 5.4. The staff report was presented byJeremyBarnhan. He noted that the proposed ordinance amendment meets the city's goals and the propertyowners' 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 family gathering 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 facilitysignage. Mr: Barnhan 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 comment, Chair Westberg closed the pubfic hearing. Planning Gomtnission Minutes Page 7 July 13, 2010 MOTION BY COMMISSIONER LEMSE 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 73, 2010. MOTION CARRIED 5-0. b. Other Business -None 7. Adjournment 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 Cary Clerk • Westbeig Chair • SPECIAL MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JULY 27, 20 [ 0 Members Present: Chair Westberg, 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 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission w•as called to order at 6:30 p.m. by Chair Westberg. 2. nsider ~,[ ~7 / 10 Special Planning Commission Aida MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMSE TO APPROVE THE JULY 27, 2010 SPECIAL PLANNING COMMISSION AGENDA. MOTION CARRIED 5-0. Commissioner Scott arrived at this time. 5.1. RPcI ~Pst ~~pJ ;t; Par ~.nrrainP White for Int ~m 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 aze 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 recommends 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 Wayaata Bh-d, 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 Augast 27, 2010 J wl1 Page 2 Condition #1 -limits Wapiti Park to 10 yeazs. 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 theiz 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 CUP should stiIl be valid. He questioned why Wapiti Park needs to apply for permit now, and why the 10-year limit. Condition #2 - Mr. Kaatz zeviewed 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. Kaa.tz stated he did not see anything in the ordinance prohibiting year-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. Kaa.tz 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. Mx. 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 Wapiti violates city 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 attempting to address the concern of wintering, and dosing 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 aIlowed in a mobile home park and would be subject to different laws. Mr. Befit stated that the dty's building official could inspect the site to determine what is and is not a recreational camping vehicle by state law. Planning Commission Minutes ..August 27, 2410 ~.~ly 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 pear round. He stated he was opposed to closing the park down to eliminate people living there pear round, if there is no proof. He stated the property owner has a responsibility to comply with city ordinance, and felt there was some merit in differentiating manufactured homes and recreational vehicle campgrounds. He was not sure if permanent dec~-ing improvements should determine 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 facility, 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. Commissioner 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 misaligning 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 a.s their address on their licenses, noting that Mr. Keillor 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 ficense 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 pear-round living. Mr. Beck stated that it may be possible to address these concerns other than bq Condition #5, such as Wapiti having its own covenants. Planning Commission Minutes 4ageat 2?, 20S 0 .341y Page 4 MOTION BY COMMISSIONER BELL TO RECOMMEND APPROVAL OF THE REQUEST BY WAPITI PARg 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 EI.B RIVER ENVIRONMENTAL DIVISION. b: INTERIM USE PERMIT SHALL NOT BE ISSUED PRIOR TO COMPLIANCE WITH ALL OUTSTANDING VIOI.ATTONS 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 ?SHALL BE REMOVED AND ARE NOT PERMITTED. The motion died fox lack of a second Commissioner Anderson suggesting having staffs the applicant, and attorneys address the seat-roundlssue. Commissioner Bell stated that the applicant pays ayear-round license fee and would not be able to have pear-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 COMMISSIONERANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY WAPITI PARg 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 :~gnst 27, 2010 _.lc..~y Page 5 21. APPROVAL OF A DEBRIS MANAGEMENT PLAN BY ELB RFVER • ENVIRONMENTAL DIVISION. 12. DUE TO THE CONCERN FOR RESIDENTS LIVING IN CAMPERS DURING THE WINTER MONTHS, CAMPGROUND MUST BE CLOSED JANUARY 1 THROUGH MARCH 1. I3. INTERIM USE PERMIT SHALL NOT BE ISSUED PRIOR TO COMPLIANCE WITH ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR 14. M,AiNTAIN 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. ether Business -None 7. ~diTurnment There being no fiu-ther business, MOVED BY COMMISSIONER ANDERSON TO ADJOURN THE MEETING. The meeting of the F1k River Planning Commission adjourned at 7:28 p.m. Iviinutesprepared by Debbie Huebner. Tina Allard City Clerk l/ `l Chad Westberg Chair • c~ °` _ RE VEST FOR ACTItJN ~ ~ L!-" l' River TO ITEM NUMBER Ci Council 5.2. AGENDA SECTION MEETING DATE PREPARED BY Administration Au t 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 Heating Continued ACTION REQUESTED The Planning Commission recommends approval of an interim use permit to allow the continued use of the 30 x 55 structure at Wapiti Park Campground to be used for laundry, office, and assembly, subject to the foIlowing 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. BACKGROUNDIDISCUSSION Wapiti Park Campground predates the merger of the City and the Township in 1978. Upon adoption of the new Cite 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\Miaosoft\Wintlows\Tempornry Internet Files\OLKE8DB\CU 10-16 Wapiti Park SR to CC 8-~IO.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 Rivex 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. 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. In June of this pear, Wapiti Park applied for a new interim use permit 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 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:\Usen;\imiller\AppData\Local\Microsoft\Wmdrnvs\Temporary Internet Files\OLKESDB\CU 10-16 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 ezactly 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 vehicle. 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, staff's 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\Windrnvs\Tempornry Internee Fires\OLKE8DB\CU 10-iG Wapiti Park SR ro CC 8-~10.dce 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 park 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. STAFF 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; 6. THAT THE PERMIT BE REVIEWED EVERY TWO YEARS; C:\Users\jmiller\AppData\Local\Microsoft\Windcnvs\Temporary Internet Files\OLKE8DB\CU 10-16 Wapid Park SR to CC 8-~IO.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 Mr. and Mrs. Klopping ACtlOt1 Motion by Second by Vote Follow Up C:\Users\jmiller\AppData\Local\Microsoft\Windrnvs\Temporary Internet Files\OLKL8DB\CU ]0-16 Wapiti Park SR to CC &2-]O.doc .^'// EI ~t~~~~s~ Foy A~~`tot~ .~.. ~vei ~~~~ TO STEM NUMBER Pl Commission 5.3 AGENDA SECTION MEETING L7ATE PREPARED BY Plannin Items ul 13, 2010 Jerem Barnhart, Pla Manager ITEM DESCRIPTION REVIEWED By Request by Wapiti Park (Lorraine Wbite) for Interim Use Pernut, 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 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 11~1URE MANAGEMENT PLAN, CONSISTENT WITH SECTION 10-9 OF CITY CODE. 4. PREPARE A DEBRIS MANAGEMENT PLAN FOR APPROVAL BY ELK RIVER ENVIRONATENTAL DIVISION. 5. DUE TO THE CONCERN OF RESIDENTS LIVING IN CAMPERS DURING THE WINTER MONTHS, CAll4PGROUND MUST BE CLOSED JANUARY 1 THROUGH MARCH 1. 6. ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR MUST BE COMPLETED. BACKGROUND/DISCUSSION 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. ('Ifie bar and office building accessory to the principle use, which is the campground.) Because the structure is accessory to (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 permasient 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\Depattments\Community Development\Planning\Case Files\CUP\GU 10.16 Wapiti Park IiJP\Cx.J 10~ 16 Wapiti Parr 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 known if the existing on-site septic s~~stem is adequately designed, maintained, and continues to be functional for year 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 v,=aste management plan be prepared to addressing this issue, as v,=ell as a concern urith the amount of garbage being burned. Lastly, the park hosts anunals in a large pen along Troy and 185`h. 'I"his 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 byproducts. ~{NANCIAL {MPACT None General Information Applicant Lon~aine White Requested Action Interim Use Permit b4 Day Rule The City must take action byAugust 30, 2010 Location 18746 Troy Street ATTACHPIENTS ^ 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 Apri112, 2000, authored byMichele McPherson Action Motion by Second by Vote Follow Up N:\Departmnrs\CommunityDevelopment\Planning\Case Files\CUP\CU 1416 Wapiti PazkIUP\CU 1416 Wapiri Park SR to PC 7-13-10.dce 18746 Troy Street NW EL~RIYER, MINIVEASOTA 55330 763-441-1396 June 29, 2010 `~ ,_..-/~r.~/t., /as w~/may ~~,/~J ....... ...- wL ~~..-..,,. ~.... .....-.... Wapiti Park Campground, owned and operated for 35 years, located at 18746 Troy Street NW. Elk River Minnesota 55330 is requesting the following, to be allowed another interim use permit, to remain in business as a campground until the property is sold for development for housing. Wapiti Park's hours are approximately from 9:00 am to 12 midnight, 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 office. 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, ¢ ~ ~ ~ f^ ~.. cam. W J ~.1.--~-C,1!_..,.r:/t~ c...r~-1 c.,,,.~~ ~T n ti Park Camn~round r e.~ C~~ _ ~l~~r 1306 Orono Parl,~vay Elk River. M~ 51330 July 8, 2010 Lorraine White 18746 Troy Street NW Elk River, MN 55330 Re: Interim Use Permit, Staff Comments Dear Ms. White, Thank you for allowing me the opportunity to review pour application. I note that you are requesting an Interim Use to allow the existing 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 review completed on July 7, 2010. From this review, a number of comments or questions were raised, and follow. Your application is scheduled fox formal review by the Planning Commission on July 13, 2010. If the Planni ~ 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 ox Planning Commission will table pour request until further information 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 zeal 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 fieezing. 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 Fax: 763.635.1Og0 w+v~ci.elk-river.mn.us 3. During recent river clean ups completed by Elk River ~X~atershed Association, it has been noted that open pipes discharge into the river, and there was a large amount of debris found in the river, apparently from the individual 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 burn trash in the City of Elk River. Please prepare a plan to address this concern, including adding more garage collection throughout the site. Based on my review, my recommendation to the Planning Commission and City Council will be to incorporate. the preceding comments, and also to restrict the campground from operating year round, closing December 31" through March. If the septic system is not designed for 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. 2. Acquire an approved manure management plan, consistent with Section 10-9 of City Code. 3. Prepare a debris management plan for approval by Elk River Environmental division. 4. Campground may open between March Z through December 3~.. Please do not hesitate to contact me should you have any questions, I can be reached at (763) 635-1034. Sincerely, 7 Je~mY Ba. t Planning Manager, AICP Y ~~w M~M~RA~tD~M T©: Jererrty Barnhart, Planning Manager FRAM: Rebecca Haug, Enviranmental Administrator DATE: Jufy 7, 20i 0 SUBJECT: CU 10-15 -IUP for Wapiti 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 materials. 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 le# me know if you have any questions. Ji Gtr a E ---~ River Police Department MEMORANDUM TO: Jeremy Barnhart, City Planner FROM: Jefifirey A. Beahen, Chief of Police DATE: 7-7-10 SUBJECT: Wapiti Park I have reviewed our calls for serrice at ~~'apiti Park as recorded in our records system since 1999. ~X~e haY-e had ~1 calls for ser~-ice to that location. This is a ~•erj= lugh number of calls for one location. I hate attached a copy of a memo written to the Council on April 16, 2002 bn the Chief at that time, Thomas Zerwas. His memo reflects his concerns in 2002 of the large number of police calls at Wapiti Park. Please see his memo for more complete details. i~sy personal experience with the park is that over the years we have responded to significant events there that have proven to have endangered the safet3r of those who stay or frequent there. These calls included: • r'~ camper trailer that exploded when the resident tried to kill himself by allowing propane to leak into his trailer. ran ignition source ignited the gas, injw:ing the resident and destroying the trailer. • r~ meth lab discovered inside one of the trailers. • ~ resident who fell into a campfire, laid in the fire due to his level of intoxication and burned off his legs, buttocks and genitalia. • Numea:ous sexual assaults. • DC'eapons related incidents and assaults. • ~ significant number of other assaults and violence. • Reports of raw sewage leaks. • Requests to check the welfare of residents who spend die winter in the park, some sleeping in tents-not trailers. Concerns that the trailers are not suitable for winter use, and insulation and heating systems are a danger to those who reside there. In one case, we were called there in the middle of winter, to check a newborn child who was staring urith her parents in a tent. The history at the park is not illustrative of a recreation facility, 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 . MEMORANDUM Re uest T0: Mayor and City Council FROM: Michele McPherson`; Director of Planning DATE: April 12, 2000 SUBJECT: Case Number: CU 00-6 Request by Vilapi~i Park Campground to Rebuild Structure; Public Hearing 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 Zoning/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 Overview 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. Memo 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 ofTice/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 completeiy damaged; therefore this building should not be reconstructed. However, the R1 b 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 sale) 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 Recommendafion 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. n TL,. t_. ..I J:... ~. ..,:11 ,........._1.....:14 1L .. ~-.... ..~_~___a_ _t tL_ nL.:...C I~..:I.J ..... ... I'I CC:.....1 v. ..... .~....~.....~ ..... .. ... ......J .. ..~ .. ... .~.., ...... ........ ~.... ... •.i~ ... ..~. ._..... ..... .~ ~ ... ~. _... Memo to Mayor and City CounciU~ 0-6 March 24, 2000 Page 3 Cify Council Recommendation Staff recommends that the City Council concur with the Planning Commission recommendation and approve the request with the recommended conditions. J f ' ~~ REC~UEST FOR ACTION TO ITEM NUMBER Plannin Commission 3.1 AGENDA SECTION MEETING DATE PREPARED BY Pla. Items ul 27, 2010 erem Barnhart, Platinin Mana er ITEM DESCRIPTION REVIEWED B~/ Request by Wapiti Park (Lorraine White) for Interim Use Permit, Public Hea>.ting -Case NO. CU 10-1G REVIEWED 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. 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:\Deparlments\Community Development\Planning\Case Files\CUP\CU 10-16 Wapiti Park IUP\CU 10-16 Wapiti Park SR to PC 7-27-IO.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 H.F.MAINS FULLY FUNCTIONAL. The applicant's attorney is working 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 FNVIlZONMENTAL 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 Park 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. However, 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. Purther 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 36 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\Commuuitp Development\Planning\Case Files\CUP\CU 10-16 Wapiti Park IUP\Ct1 10-16 Wapiti Park SR to PC 7-27-IO.doc G. INTERIM USE PERMIT SHALL NOT BE ISSUED PRIOR TO COMPLLANCE WITH ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY' E DEPAR'IIvIENT OF HEALTH INSPECTOR. Staff met with the health inspector on Thursday, July 15~', and received a copy of the State's punch list of 5 different orders, some of which were initially issued in 2047. Staff recommends that all of the items on these lists, identified as requirements, (as opposed to recommendations), be resobed 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, weekly, 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 16`". 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:\Deparmients\Communitp Development\Pluuiing\Case Files\CUP\CU 10-1G wapiti Park IUP\CU 10-1G Wapiti Park SR to PC 7-27-IO.doc General Information Applicant Lorraine White Requested Action Interim Use Permit 60 Day RUIe The City must take action by October 30, 2010 Location 18746 Troy Street ATTACHMENTS ^ Planning Commission packet dated July 13, 2010 ^ Minnesota Department of Health Inspection report dated August 14, 2009. ^ List of permanent improvements Action Motion by Second by Vote follow Up N:\Departments\Community Development\Planning\Caec Files\CUP\CU 10-16 Wapiti Park IUP\CU 10-16 Wapiti Pazk SR to PC 7-27-1Qdoc Mir~aESOTA Qi?PARTMENToF HEALTH Minnesota Department of Health 3333 West Division St. St. Cloud 320-223-7300 Type: Full ~~gl~ ~~~/e~re~~B~r~~l ~cxi1'1~3'~lC~~ Page ? Date: 08/14/09 ~~~ ~~~~ ~ ~ Time; 15:55:43 Report: 7977091005 Location: Wapiti Park Camp Groluid Inc. 18746 Troy Street N.W. Ellc River, MN 55330 Sherburne County, 71 License Categories: HOSP, FBPS, FBLB, FBTW, FBLF, FBPW, 1vIDEP- 43, Expires on: 12/31/09 Establishment Info: ID #: aoo4467 Risk: High Announced Inspection: No Operator: Wapiti Park Campground, 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. 10 GAI2SAGL AI~TID REJ~USE I0~43 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 PLUIVIBIIoTG 06C1 Comply By: 07/18/07 4630.0700. Provide appropriate back-flow preventers on all threaded hose bibbs. ALL HOSE BIBS AT INDIVIDUAL CAMPSITES MUST, AT A MINIl~9[UM, BE PROTECTED BY A HOSE CONNECTION BACKFLOW PREVENTER OR VACUUM BR~AI~R. THE MINIMUM ACCEPTABLE RATING IS ASSE 1011, OR EQUIVALENT, AN ASSE 1052 IS PREFERRED, BUT NOT REQUIIZED. . Issued on: 07/18/07 6 PLUI~I[BI~TG Comply By: 04/18/08 06C1 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, AN ASSE 1052 IS REQUIRED. Issued on: 07/18/07 Comply By: 04!18/08 Type: Full ~~~I~~' ~Oi~l~,~~Ci"~~~ii3Blal{ ~s~i~1~i~`i Page 2 Date: 08/14/09 f i1S~~C~jO['1 ~~~®i"'~ Tune; 15:55:43 Report:7977091005 Wapiti Parlc Camp Ground Inc. The following orders were issued during this inspection. 2 CA1tE`I."AI~R. 02AS 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 SHOWER; FURTHEST STALL. SHOWER HOUSE FURTHEST FROM ENTRANCE: 1) REPLACE MISSING FLOOR TILE IN THE MEN'S SHOVtTER. 2) REPLACE MISSING FLOOR TILE IN BOTH THE WOMAN' S SHOWERS. Comply By: 08/21/09 14 ~OTT']LFI} OAS 14A.4 4630.1500. Firmly mount all bottled gas containers in an upright position. RESTRAIN BOTTLED GAS CONTAINERS WITH CHAINS, ROPE, CORDS, OR IN RACKS. Corrzply By: 08/1'4/09 NOTE: Ptans and specifications must be submitted for review and approval prior to new constivctian, remodeling or alterations to the premises or its facilities. I acknowledge receipt of the Minnesota Department of Health inspection report number 7977091005 of 08/14/09. Signed: ~ M Signed: 3ULIA HIGGINS Kent B Tohnson OWNERS HELPER ~ Public Health Sanitarian St. Cloud 320-223-7321 Kent. Johnson health. state. mn.us Wapiti Park alterations 16-J u1-10 Lot number Description 7 Rigid sanitary waste pipe 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 City of River (. TO: .) T1'EM 4.2. ~' MEMORANDUM FROM: DATE: SUBJECT: BACKGROUND CITY COUNCIL . STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR ~. AUGUST 17,199$ a ~- WAPITI PARK CAMPGROUND • r ~- ~tr 1983 ~ ~ ~ ~~ The Wapiti Pazk property was rezoned from A-1/Agriculatural to R-lb/Single Family residential in 1983. 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 not 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 pazk 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 aze 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 followin Non-intoxicating malt liquor (3.2 beer) - on and off sale. Mechanical amusement devices (9 video games, 1 pinball machine, and 2 pool tables). Mav 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 r ~ ~` ....... ~ _ .:.., 3 ~ • 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 aze 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 ,I9981 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 fine vicinity of Wapiti Park was tested for fecal coliforms in the summer of 1997. Slightly elevated fecal counts were observed down stream of Wapiti Pazk 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. • ,- ~ ~ } Recreational vehicle must meet the definition in State Statute and the following city requirements: • be road ready • have a current license • have an internal j acking 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 i 00 lb.) • not have any permanent additions. ' RECONIlYITJNDATION 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. '~ ~ ~ ~ ~ To: Mayor and City council MemOrariClUm From: City Administrator -~ o Cicyof Date: March 15 , 19.84 Elk River 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 perLlit 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 Txoy 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 cau~r~ng sites. The Planning Commission. reviewed and considered tr.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 P"•r. j,Thite and the City of Elk River for access to the property. 2) That the number of campsites within this property be establishes 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 Camp ground, Inc. '• March 15, 1984 Page Two 1 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 and 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- r!. 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 provide .•y ~~ 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 concern of the Building 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 ,f intended to be used in this manner. Again, inasmuch as the primary 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 Comanission, 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~ City Administrator RCM:dk .:. e 1 f ' `~3 MHD 187 j street or highway and at least l0 feet from other park property bouoDary lines. (d) Domestic Animals. No domestic animals or house pits shall be allowed to run at large or commit any nuisances within the limits of a mobile home park or recreational camping area. Any kennels, pens or other facili- ties provided for such pets shall be maintained in a sanitary condition at all times. (e) Water Suppl}•, An adequate supply of water of safe, sanitar}•, potable quality shalt be provided in each mobile home park and recreational camp- ing area. When a satisfactor}• public water supply is not available. an in- dividual water suppl}• s}•stem may be Developed and used, but such sour.c.e of sttppl}• shall first be approved b}• the State Board o[ Health. In mobile home parks, the water supply shall be capable of supplying a minimum of 150 gallons per da}' per mobile home, and in recreational camping areas, the water supply shall be capable of supplying 50 gallons per site per day for all sites lacking indi~•idttal water connections, and 100 gallons per site per day 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 e~~ery campsite. Every well or suction line of the water supp!}• s}•stem 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 Source Contamination Source Building Sewer $0 Septic 'l'ank 50 Disposal Field 50 Seepage or Leaching Pit 75 No weft casiags, pumps, pumping machinery or suction pipes shall be placed in any pit, room or space extending below ground level. Ati water storage reservoirs shall be covered, water-tight and constructed of im- pervious material. Overflows and vents of such reservoirs shall be effectively screened. Maaholes 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 mobi}e homes or recreational camping vehicles. Water riser pipes shall extend at Least 4 inches above the ~_ ''..'`' ' ~.'~iRE"" -- "~~I~e~^..~e~7r~lnn~Aaw~:®~se w~tl~:~w~~~~ re~,.m..,. ~...,.~ ...................-. -__.... _ _ ~T~•:'id~~STL':uR J~: '~. ~:• ~~'_'.. s, '~?!.' ..'A>•~v"^.''.Y~ yam. ~ _• •, R1b R .Pm ~.~. ~~'~'"~P F C3 n 3~ C21.= R1b i' i R1b ~. MAP 16 :.~ ~ ~~ r ~ -~~- ..W _ •_=-- ~r ~ ~ far tb• ~ .y . ~. 2 ~ n.r~ ~~ fsr ,~s.f . , .may :,~-rq ~M. " r+rt fie: wr 6 .~ ~ . frT'~~ i ...~, ~qi .~)~M (~' . ~ •ur ~ ~ ~ ~ ; a'~ nf~ ':r~rc ~~'. `n. wfl _ ~ J.3;r -~ M"'r ~,. ~b _ ,, a ~ w ,. ~ '\ MHD 187 4b4 ground elevation and the minimum pipe size shall be •`.+ inch. Adequrte provisions shall be made to prevent freezing of service lines, val~•et and riser pipes. if underkround stop and waste valves are installed, they shall be at least 10 feet from the nearest buried portion of the sew•ace s}•stem. Water risers on unoccupied sites shall be valve) otf. There shall he a hori• zontal distance of at least ten feet between water and sewer riser pipes: provided, that "'here 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 fret. When strict compliance with the provisions specified in this section is impractica{, the Board may waive an}' of the rcquirentents subject to such conditions as may be .teemed desirable in the individual case. If) Putnbing. All systems of plumbing in mobile home parks anJ re.re- ational camping areas shall be installed in accordance with the regulations of the State Board of Health and the provisions of the hfinnesota Plumbing Code. (g) Sewage Disposal. All sewage and other water carried wastes shall be discharged into a municipal se~~age s}•stem which is being operated under a permit issued by the ?Minnesota Pollution Control Agency .~~henever such a s}'stem is available. \Vhen such a s~°stem is not available a Sewage disposal s}•stem acceptable to the State Board of Health and the Minnesota Pullut~on Control Agency' shalt be provided. Alf sewer lines shall be located in trenches of sufficient depth to be free of breakage from tratlic, or other mo~~cments and shall be separated from the part: water supply system by at feast `lU feet, unless special acceptable construction of sea•rr fines is provided. All sewer lines steal! be constructed of materials approved by the State Board of Health and shall be adequately vented and shall have water tight faints. ]ndividual site sewer connections shall be at least a 4 inch diameter s~w~er riser pipe. The sewer connections shall consist of one pipe line only without any branch fittings. All joints shall be water tight. All materials used for sewer connec- tions shall be corrosive resistant. non-absorbent and durable. The inner surface shall be smooth. Provisions .hall be made for ca eh cget does snot riser pipe N•heo a mobile home or recreational camping occupy the site. Surface drainage shalt be directed away from the riser, the rim of the riser pipe shalt extend at least 4 inches above ground elevation. S}•stems of sewage disposal utilizing the discharge of effluents to bodies of surface water must recetve the approval and comply with the water quality and effluent standards and system design criteria established by the Minne- sota Pollution Control Agency. All systems utilizing soil absorption for final disposal of effluent shall comply with and receive the approval of the State Boazd of Health. No soil absorption system shalt 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 shalt adversely affect the ground water used for potable water supplies. Alt buried portions of a the ordinary highswater level ofan body of surface watert horizontally from (h) Toilet, $athing and Laundry Faculties. 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 a atw~th facilities, one ar more central buildings shall he provided equipp •~- 4f su Io• D~ f~ 465 MHD 18? such facilities. The number of fixtures shall be in accordance with the fol- lowing schedule: lumber of Tos7ets Urinals Lavatories Showers Dependent Sites --- Dien -~ 3'Vomen fiten l14en Women Men Women ~-IS ~ 1 -_ .~ -- - ~ - -1--- -i- -- - - 1 -- 16-30 i '_ ~ 1 ~ 2 '_ 1 1 31-45 2 2~ 2 ~ 3 3 ~ 1 ! 46-60 ! 2 3 I 3 ~ 3 3 ? 2 61-30 ~ 3 4 2 I 4 4 81-100 ~ 3 4~ 2 4 4 ' 2 2 101-130 4 5 3 i 5 5 3 3 131-160 5 ti 3 ! ti 6 4 4 161-190 t b 7~ 3 f 7 7 ~ 4 4 191-220 ~ 7 8 4 ~ 8 8 ~ 5 S .21-250 8 9 4 9 9 e 5 5 251-280 9 )0 ~ 4 10 i0 6 6 381-310 ]0 ll 5 ~ 11 11 6 6 311-340 I1 12 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 be 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 plainly marked according to sex. In conjunction with bathing facilities, there shall be provided a Dressing area or dressing com- partment, the floor of which shall be impervious and well drained. Mats. grids and walkways made of cloth or other ahtorhent material shall not be used, provided that single service mats may be ttscd. Where clothes drying lines are provided, they shall be locates! in areas out of regular pedestrian Vaffic patterns and where they will generally not be 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 baying 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 shat! be screened from other activities by visual barriers such as fences. walls or ~_ __..5it~ A' M . Ms`: MHD 187 466 natural growth, and shall be separated from any recreational camping I vehicle site by a distance of at least 50 feet. Final disposa[ of sewage from such dumping stations shall be by a method acceptable to the State Board of Health and 1\linnesota Pollution Canuol Agency. (i) Barbecue fits, Fireplaces, Stoves and Incinerators. In mobile home parks and recreational camping areas, cooking 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 neighhoring property. Incinera- tors shall be of a t~•pe acceptable to the Minnesota Pollution Control Agency. No open fire shall be permitted except in facilities provided. No open fire shall be Iefi unattended. No fuel shall 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 camping areas shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollu- tion. All refuse and garbage shall be stored in fl~•-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 ane for every• four sites. Refuse and garbage collection shall be made at least twice each week and more often „•bere necessary to prevent nuisance conditions. Final disposal of refuse and garbage by landfill methods shall be accomplished in accord- ance with the criteria and standards established by the Minnesota Pollution Control Agency. (k) Insect and Rodent Harborage and Infestation Control. A4obile home parks and recreational camping areas shat! be maintained free of accumu- lations of debris which may provide rodent harborage or breeding places ~ for flies, mosquitoes and other pests. Storage 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..4rcas shall be so main- tained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious ~~•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 DInint; Rooms. When community kitchens and dining rooms arc provided, such facilities and equipment shall be main- tained in a clean and sanitary condition at all times, and shall be constructed and equipped in compliance with State Laws and Regulations applicable to food handling establishmcats. (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 camping vehicle door. The con- tainer shall not be installed or stored even temporarily inside any mobile home or recreational camping vehicle. No container may be petTrtitted to stand free, but must be firmly mounted in an upright position. (o) Fuei Oil Supply Systetaa All piping from outside fuel storage tanks tr: ~ or cylinders to mobile homes or recreational camping vehicles shall be per- k. I _.. .. ... ,. :.. . .: . .: . . _ .. .. -. ~ . - _ a 468 469 MHD 188 ' ~iHD i 8fi Initial and Renewal License Fees: License Expiration Dates. (a) Definitions. The follu~•ing definitions shall apply to MHD 188: (1) "Primar}• License" shall mean the initial license issued to the first person, firm, partnership, corporation or other business association to establish and maatn'eatat~anynone loestionttate a mobile home park or recreational camping f ~) "Renewal License" shall meat, a license issued to the attrev ous{}' liFtns drmobile hometparkoor recta tuonelscampingtar aoperating P (b) Fee Schedtile. The application for a primary license, or a area vas; thereof, to operate a mobile home park or recreational camp~n8 fees: defined in Minn. Star. Ste. 3'_'7.14 shall be accompanieJ by the following tl) Primary (Initiall License Fee: 550.00 for each 50 Hires or has beentissutdf shalt heeS50 OOdfor each 50~site<ro rfractiotn~th ceof~rY license (~) Rtntwal Fee for Year•Round Establishmerts: 510.00 for each ten sifts or fraction thereof with a maximum fee of 5300.00 except as provided for in'•!HD 188 (a)(41• (3) Renewal Fee for Seasonal Establishments: 'i'he renev`~al fee for an}' mobile homt park or recreational camp~n6 area N~ltich oprrates for a continuous Period of six (°)e centhof the tee asrcomputed pursualnt tor~iHD shall pay seventy-five (75) P ,., .~ ~ rovided for in MHD lgg (a)(2) with a maximum fee of 5__5.00 exert a. p 188 (a)(4). (4) Increased Fee: For Yli3at ~n and(ee a ennot submitted by increased ay 510.00 if the renewal app .January 1 S of the }'ear for which application for license is madtcat onsand fee operations the fee will he increased 510.00 if the renewal app are not submitted within 15 calendar days after the establishment opens. (c) Expiration Dates. (1) primary License: Primary mobile home park and recreational campin8 area licenses shall he issued for the calendar aTar for which application is made and shall expire on llecembet 31 of such y (2) Renewal License for Year-Round Establishments: Renewal Licenses for mobile home parks and recreational camping areas ear h hall be on a yeas-round basis (in excess of six months (183 days a y )• ~ ecember 31 of such yearar for which application is made and shall expire on D license. fora t etfecti• for wt l 83rd year in annu; submit Decem aPP1Y 4b6 ~ 4b7 MHD 187 •eational camping tl of sewage from o the State Board In mobile home arbecue pits, fire- cated, conswcted 9 smoke nuisance ~roperty.Incinera- ~ Conuol Agency. led. No open fire rial burned t+~hic6 ie storage, collec- t parks and recre- to health hazards, zards or air pollu- rater-tight, rodent my mobile home ontainers shall be ^.ach week and Final disposal pushed in accord- innesota Pollution al. 1\Sobile home . free of accumu- r breeding places • so maintained as. wilding materials shall be so main- oison oak, poison health. used portions of arkness. mmunity kitchens :nt shall be main- all be conswcted ions applicable to ter shall bt firmly suitable metallic ~cated within Sve door. The con- nside any mobile t be permitted to tition. fuel storage tanks icles shall be per- ~~ maneatly installed and securely fastened in place. All fuel oil storage tanks or cylinders sball be securely fastened in place and shall not be located inside or beneath any mobile borne 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. (oJ Varlsnce. In any case ti~-here, upon application of responsible per- sons, the State Board of Health 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- lions as it may prescribe. Such variances may not conflict with statute provi- SIOII9. 1HIiD 188-194 Reserved for future use, Filed lure, 1970. 469 M HD 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 day 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 all licenses which become effective on or after January 1, 1975. (Filed December 4, 1974) ~f i r e 1 e d r ~I e ,e n [ _ `~ .,, ' - _ +- ~ ~' :5.~~~ --'~. e'• }R, j.4~-~ ~'~, ,,.~._ ~ "fir ~-.,.y,._~~.,s,...~.,,~; ,~: ,~ „,,... q ~;.r ... .T 1 j.-.ti ~1T „~,T-r __ •~t~, i ... y, -iY ~~..~1~~ 1X!'rit. ^'J-..:-, ` `,^L ~i I+~ ~. .. ~, t r •~N 1'~ z 3 ~. i(.Y' • i3.r~t ' y ~'' 'li S:'4~.. •.:nlr Y..~ • ~...~w~. ~. l § 326.41 EMPLOYMENTS LICENSED BZ' 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 by Laws 1983, c. 260, 4 59, eff. July 1, 1983, 1983 Amendment. Added "of the council" foUou•ing members. WATCHMAKERS ~{ ~, 1 326.5-t to 326.547. Repealed by Laws 1983, c. 293, ~ 115. CHAPTER 327. HOTELS, PUBLIC RESORTS, MA:~t~FACTURED HOilES TOURIST CAMPS Sec. 327.131. 1"`raud. HOTELS 327.70. Definitions. Sec. 3'27.71. Innkeeper liability for the personal property of gueste. 327.72. Overstayinfi Ruests. 327.73. Undesirable Ruests; ejection of, and re- fusal to admit. 327.73. Setting fire to hotel belongings. 327.73. Laud; proof of fraud. 327.76. Innkeeper's lien. 327.01 to 327.095. Repealed by Laws 1982, c. 517, I;' 9 Prior to repeal section 327.07 was amended by Laws 1982, c. 516, § 1. This amendment was repealed by Laws 1982, c. 642, 4 6. See, now § 827.70 et seq. Laws 1982, c. 517, did not contain appropria- tion items or a specific effective date. See 4 645.02 for method of determining the effective date. 327.14. D Subdivis the terms ~ Subd. 2. section 327 TOURIST CAMPS 327.10. Lodsing 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 steeping accommodations or other overnight stopping accommodations thereat; and every such guest shall be registered therein. Upon the arrival of every such guest, the 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 motor vehicle, the make of such vehicle, registration number, and other identifying letters or characters appearing on the official number plate carried thereon, including the name ~ 6 Subd. 3. field or tray either free vehicle or e Lured home Subd. 4. state, howe~ Subd. 3. first person, tured home Subd. 6. person, firm recreational tiF: -- . _a. ,' § 327.14 HOTELS, PUBLIC RESORTS. MANUFACTURED HOMES Subd. 7. Recreational camping vehicle. "Recreational camping vehicle" when used in sections 327.14 to 3.28 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 dwelling for travel, recreation, and vacation; (c) any portable, temporan~ 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. Subd. 8. Recreational camping area. "Recreational camping area" means any area, whether privately or publicly owned, used on a daily, nightly, weekly, or longer basis for the accommodation of fire or more tents or recreational camping rehicles 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, stale 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, 4 2; Laws 1982, c. 526, art. 3, § 3, eff. Aug. 1, 1982; Laws 1982, c. 642, § B. 1982 Amendments. Laws 198'l, c. 526, revised The amendment of suhd. 8 by LaK•s 198'?, c. 642. this section. For former test see the main vol• § 8 was repealed by Laws 1983, c. 216, § S9. ume. The amendment of suhd. 8 br• 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 1.1.5.122. 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 I 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- . al 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 glace. Amended by Lawa 1981, e. 365, g 9. . 329.16. Application Subdivision 1. Made to elate 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. f 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: .~ 8 ~.: . .:: NOTED (1) The . the parts the applic {2} A Ic proposes area. (3) The for the p building ; facilities, toilet fact manufacti disposal s; (4) The upon whic (5) The home parl~ {6) Plan: plumbing ; Subd. 3. with aJl pl: amount pr shall be a• wherein th does not re amount pry license fee: The fee su'~ proposed p When coy Lions the st or recreati, inspection requiremen and safety applicant, tl name of the Subd. 4. license any park or rec department objection is safety facili have the ap Subd. 5. department or make sltie Bark or recr and specific Such appr panties havi~ ordinances. ; BY STATE HOTELS. PUBLIC RESORTS. MANUFACTURED HOhtF.S § 327.1 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. isorc council on Amended by Laws 1981, c. 365, § 9, plumber, one a 1981 Amendment. Laws 1981. c. 365.4 9, factored homy" fur "mobile home" throufhout er. The Council generally authorized the substitution of "manu• the statute. council shall be 327.21. Guest, registration Even• person, upon arrit•ing at anc lodging house, manufactured home bark, recreatiort• at camping area, cabin camp, motel or other resort described in sE~ctiun~ :3'27.10 to :i'27.13 and applying for guest accommodations therein of the character described in section 3'27.10, shall furnish to the operator or other attendant in charge 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. § 9. 1981 Amendment. Laws 1981, c. 365, § 9, factored home" for "mobile home" throughout generally authorized the substitution of "manu• the statute. ;D HO\tES 327.131. Fraud A person who (1) obtains food, lodging, or other accommodations at a recreational camping area without pacing 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 any Lion of, and r~ baggage or effects in his possession and control, but not actually belonginf; to him, shall 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. ~ Subdtvision 1. Terms. For the purposes of sections 327.10, 3'17.11, 327.14, to 3'17.28 nininq the effective Lhe Leans 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, tot, 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, u~ea, cabin camp, vehicle or enclosure used or intended for use as part of the equipment of the manufac- resort furnishing Lured home park. shall provide and Subd. 4, Municipality. "Municipality" means any city, town or wwnship in this sts provided with state, however organized. hereat; and every Subd. 5. Primary license. "Primary license" means the initial license issued to the such guest, the first person, firm or corporation to establish and maintain, conduct or operate a manufar inter, or enter for tared home park or recreational camping area at any one location. d home address of rnd if traveling by Subd. 6. Annual license. "Annual Itcenae" means a renewal license issued to the identifying {ettera person, firm or corporation operating a previously licensed manufactured home park or ~cluding the name recreational camping area. 7 ': AhliF ACTLRED HOMES HOTELS, PUBLIC RESORTS. MANITFAC•I'l1RF.D HOMES § 327.24 ~ •uct or make alterations .its facilitie. and equipment in a clean, orderly and sanitary condition. In any manufac- ,,,.. and the appurtenances Mme is denied by the state tured home park containing more than fift}• lots, the attendant, caretaker, or other responsible park employee, shall be readily available at al! times in case of emergency. the reason or reasons for nt may amend his li ('l) All manufactured home parks shall be well drained and be located so that the ca ~e app ~licant may appeal from the drainage of the park area will not endanger any water supply. ,lo waste water from manufactured homes or recreational camping vehicles shall be deposited on the surface of ection 3'11.18. the ground. All sewage and other water carried wastes shall be discharged into a eft. Aug. 1, 1982. municipal sewage system whenever available. When a municipal sewage system is not available, a se~vagr disposal system 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 propert}•, or closer than ten feet to a 1>ubiic street or alle}', Each individual site shall abut or face on a driveway An}• license granted here- or clear unoccupied space of not less than 16 feet in width, which space shall have state department of health; unobstructed access to a public hifihx•a}• or alley. There shall be an open space of at ]east Il first serve or cause to be ten feet between the sides of adjacent manufactured homes including their attachments . way or wads in which such and at least three feet between manufactured homes when parked end to end. The space special rules or regulations between manufactured homes may be used for the parking of motor vehicles and other ~e shall direct the licensee to property, if the Vehicle or other property is parked at least ten feet from the nearest : condition. specified in such adjacent manufactured home position. The requirements of this paragraph shall not time as may be reasonably apply to recreational campnnt; areas and variances may be granted by the state commis- a comply with the terms and stoner of health in manufactured home parks when the variance is applied for in writing extended period of time, the and in the opinion of the commissioner the variance will not endanler the health, safety or a hearing before the state and welfare of manufactured home park occupantsc. of the department of health. i make such determination as (.1} An ade~ uate su ~l l } manufactured home park orf recreationalacamping area.uThe source off the water supply comply with such determine- lth to suspend or revoke the shall first be a roved b the state de artment of health. At least one water supply outlet shall be prpovided at convenient locations throughout the manufactured home park or recreational camping area. er provision of this section, nt danger to the ~ (5) All plumbing shall be installed in accordance with the rules of the state commission- . and prese re manufactured homes or er of health and the provisions of the MinneRota plumbing code. mo f the central building for the (6) In the case of a manufactured home park, a plan for the sheltering or the safe o arged to the sewerage system. evacuation to a safe place of shelter of the residents of the park in times of severe i e ma}• appeal such order to the the validity of said order. on weather conditions, such as tornadoes, high winds and floods. The shelter or evacuat plan shall be developed with the assistance and approval of the municipalit}• where the ~o on re of a manufactured home or shall be a misdemean- d park is located and shall be posted at conspicuous locations throuKhout the park. Nothink in this paragraph requires the department of health to review or approve any er, h or shelter or evacuation plan developed by a park. Failure of a municipality to approve a procedure for hearings or for . plan submitted b}• a park shat{ not be grounds for action against the park by the ~ park has made a good faith effort to develop the plan and ~mmissioner where provided lb ota Statutes 1961, Chap ob sin muni ip 1 appro j .r [See main rblurne jor text ojsubds. d and .i•J Amended by Laws 1981, c. 365, 5 9; Laws 1982, c. 526, art. 3, 3 5, eft. Jan. 1, 1983. 1982 Amendment. Revised subd. •1. For fot` ~r house pets of occupants of mer text see main volume. shall be allowed to run at large, .ured borne pack or recreational •eational camping area lrcensed 3'1.24. Enforcement Violations. It is the duty of the state department of health to enforce Subdivision 1 12'7.28 shall, among other things, . the provisions of sections 327.10, 327.11, 327.14 to 327.•l8 and the rules and regulations of cified: manufactured home f the department applicable t,o manufactured homo parks. The department may request attorney of the county in which a violation occurs to initiate action to abate the the count every rge o ( maintain the park or area, and y unlawful operation of a manufactured home park. Officials of the department may enter I1 r t I ~ 327.16 HOTELS. PUBLIC RESORTS, MANUFACTUREp HUMES 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 3'17.16. Amended by Laws 1982, c. 365, § 9: [av.'s 1952, c. 526, ari. 3, § 4, eff. Aug. 1, 198'L. 1982 Amendment. Revised Subd. 2. For for• 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 by 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 wa} 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, insanitary or objectionable condition, specified in such notice, within five days, or within such extended period of time as may be reasonably allowed b} 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 hearing; 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 complp with such determina- tion, the commissioner shall direct the department of health to suspend or revoke the license. Subd. 2. Summary proceeding. )r'otwithstanding any other provision of this section, the department of health upon .finding that there is a clear and present danger to the public health may order the immediate removal of one or more manufactured homes or recreational camprng 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 map appeal such order to the district court and shall be entitled to immediate trial de novo on the validity of said order. Failure of the licensee to complp with such order, or failure of a manufactured home or recreational camping vehicle occupant to 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 35 as amended. Amended by Lows 19$1, c. 365, § 9. 327.20. ~Rutea 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 Iarge, 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 all times, who shall maintain the park or area, and 10 HOTELS. PUBI,1 its facilities and er lured home park responsible park e (2) All manufac! drainage of Ehe p~ manufactured hom the ground. All: municipal sek•ag;e available. a cewag~ be provided. !3) ~o manufact a manufactured hc~ ten feet to a public or clear unoccupie unobstructed acces ten feet between tl and at least three f between manufactt property, if the ve adjacent manufact~ apply to recreation, stoner of health in and in the opinion ~ and welfare of mar (9) An adequate manufactured homy shall first be appr~ outlet shall be prow or recreational cam (5) All plumbing ; er of health and the (6) In the case o evacuation to a sa; weather conditions, plan shalt be devek park is located an Nothing in this par shelter or evacuatic plan submitted by department of heap obtain municipal ap Amended by Lau s 19E 1982 Amendment. mer text see main vole 827.24. Enforceme Subdivision 1. ~ the provisions of sec the department app the county attorney unlawful operation c ~.::: 1 t ~tED HOMES HOTELS, PUBLIC RESORTS. MANUFACTURED HOMES § 327.16 •le" when used (1) The full name and address of the applicant or applicants, or names and addresses of the partners if the applicant is a partnership, or the names and addresses of the officers if . be used as a the applicant is a corporation. (2) A legal description of the site, lot, field, or tract of land upon which the applicant proposes to operate and maintain a manufactured home park or recreational camping ns a temporary 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 sanitary community bu'slding for toilets, urinals, sinks, wash basins, slop•sinks, showers, drains, laundry recreation, and facilities, source of water supply, sewage, garbage and waste disposal; except that no toilet facilities shall be required in any manufactured home park which permits only :Weans any area, manufactured homes equipped with toilet facilities discharging to water carried sewage longer basis for disposal systems; and method of fire and storm protection. s free of charge (4) The proposed method of lighting the structures and site, lot, Sield, or tract of land to be located i •amps, indusvial . s upon which the manufactured home park or recreational camping area commissioner of state wildlife (5) The calendar months of the year which the applicant will operate the manufactured ps, icted in use W home park or recreational camping area. :r (6) Plans and drawings for new construction or alteration, including buildings, wells, 982; l,aN~s 1982, c. plumbing and sewage disposal systems. 3. Fees; approval. The application for the priman• license shall be submitted Subd Laws 198'?, c. 642, . with all plans and specifications enumerated in subdivision 2, and payment of a fee in an amount prescribed by the state commissioner of health pursuant to section 144.122 and 1983, c. '__>16, § 8a. shall be accompanied by an approved zoning permit from the municipality or county wherein the park is to be located, or a statement from the municipality or county that it does not require an approved zoning 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 ping area license fees paid to the commissioner of health shall be turned over to the state treasury. The fee submitted for the primary license shall be retained by the state even though the perate a manufac- proposed project is not approved and a license is denied. t first obtaining a When construction has been completed in accordance with approved plans and specifica- rm, or corporation I camping area on lions the state commissioner of health shall promptly cause the manufactured home park or recreational camping area and appurtenances thereto to be inspected. When the .e. A license shall ction 14.3.122. inspection and report has been made and h conditions of health d • ~s to se creational camping suc an l8 327.14 to 327. requirements of sections 327.10, 3x.11, and safety as the state commissioner ~of health may require, have been met by the ~o renewal license ceeds those of the applicant, the state commissioner of health shall forthwith issue the primary license in the ~ for expansion are park or recreation- name of the state. Subd. 4. Ssaitary 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 f p The license. is not no department of health through the office through which the application was made. I alth to such change in such sanitary or t f h e o objection is made by the state departmen safety facilities within ti0 days of the date such change is reported, it shall be deemed to have the approval of the state department of health, w. Subd. 6. Permit When the plena and specifications have been approved. the state the applicant to construct ittin t l :alien 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 manner as may be or m lans park or recreational camping area and the appurtenances thereto according to the p and specifications presented. al license shall make but din tcode, or from clomplyi g with any otherdmunicipal~ord Hance or v Sti hsvi :nt of health setting a rn es e~rdinances, applicable thereto, not in conflict with this statute. 9 ~. -:F tie .-r: - § 327.24 HOTELS, PUBLIC RESORTS, MANUFACTURED HOMES upon the premises of such manufactured home parks at any time for the purposes herein ( set forth, or for the purpose of enforcing this statute. t 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. 3. Private remedies. Any person injured or threatened with injury by a violation of sections 327.14 to 327.28 or of the rules of the department of health applicable to manufactured home parks may bring a private action in any court of competent jurisdiction. Amended by Laws 1981, c. 365, § 9; laws 1982, c. 526, art. 3, § 6, cif. Aug. 1, 1982. 1982 Amendment Added subd. 3. ~~ .~ 327.25. Operation, part of year if any applicant for a manufactured home park license desires to operate such manufactured home park only during the months from May 1 to October 1, he shall pay the above mentioned annual license fee. If in the opinion of the state department of health the sanitary and facility requirements herein contained are too rigid for the seasonal manufactured home parks, the department may in writing or br regulation modify such requirements as circumstances may permit and require. Amended by Laws 1981, c. 365, § 9. 327.26. Local authority over parks and camping areas Subdivision 1. 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 a licensed manufactured home park. Subd. 2. Local iaw enforcement. Any municipality which enacts or has enacted laws or ordinances relating to the safety and protection of persons and propert}• is empowered to enforce the laws or ordinances within any manufactured home park or recreational camping area located in the municipality, notwithstanding the fact that the park or area may constitute private property. Amended by Laws 1982, c. 52fi, ari. 3, § 7, eff. Aug. 1, 1982. 1982 Amendment Revised this section. For former text see main volume. 327.27. Regulatory provisions Subdivision 1. Fire extinguishers. Each manufactured home owner shall provide each manufactured home with a fire marshal approved type extinguisher, kept in constant usable condition. No manufactured home may be parked more than three days without a usable fire extinguisher in the manufactured home. Subd. 2. State speed iimit. Except as provided in subdivision 2a, it shall be unlawful for any type vehicle to travel at a rate in excess of ten miles per hour while within the limits of a manufactured home park or recreational camping area. The ten miles per hour limit shall be clearly posted throughout the manufactured home park or recreational camping area, and may be enforced by the municipality in which the park or area is located. Subd. 2e. L,ocsl speed Limit. A municipality may, by ordinance, set and enforce in a manufactured home park a speed limit which is higher than ten mites per hour but which 12 f N ~''A(;TURED HOMES HOTELS. Pt'BL1C RESORTS, htANtiFACTI;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 ~blume jor repeal ojsu6d..yJ 127.10 to 327 ~8, is guilty Subd. a. Certain practices prohibited. No animal washing, car washing, or other tened with injury by a slop creating practices shall be carried on in an}• building, structure or other place not l~cable designated for such purposes. ho pets or domesticated animals shall be allowed to enter ment of health app the buildinfis containing the sanitary or washing facilities for the manufactured home any court of competent park. Amended by Laws 1982, c. 363, 4 9; Laws 1982, c. 526, art. 3, §§ 8, 9, elf. Aug. 1, 1982. . Aug. 1, 1982. 1982 Amendment. Reeised subd. 2 and added subd. 2a. See main volume for former text of subd. 2. desires to operate such 27.28. L'nlaw•ful parking of manufactured homes to October 1, he shall pay Where a licensed manufactured home park is reasonable at•ailable in the general area it ' the state department of shall be unlawful for an}- person to occupy any manufactured home located elsewhere ed are too rigid for the than in a ]icensed manufactured home park unless adequate sanitary and water facilities writing or by regulation are pro~•ided for occupants' use 24 hours each day. This section shall not apply to rquire. manufactured homes parked under section 3'17.13, subdivision 2. Amended b~• laws 1981, c. 365.4 9. MANUFACTURED HOME BUILDING CODE license .y may impose any •' camping area complying ;2) upon any occupant of 327.33. Administration Subdivision 1. Inspections. The commissioner shall, through his own inspectors or enacts or has enacted lays through a designated recognized inspection sen•ice acting as his authorized representative erform sufficient inspections of manufacturing premises and manufactured homes to r is em veered and prope ty ~ Po : p insure compliance with sections 327.31 to 327.34 and Laws 1951, Chapter 365, Section 5. home park or recreattonal 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 This monitoring inspection fee shall be an amount paid by the manufacturer ram ro . p g for each manufactured home produced in Minnesota. The monitoring inspection fee shall wner shall provide be paid by the manufacturer to the secretary. The rules of the fee distribution program require the secretary to distribute the fees collected from all manufactured home home o kept in constant isher i manufacturers among states approved and conditionally approved based on the number of , ngu ct •e than three days without s new manufactured homes whose first location after leaving the manufacturer is on the s received by the All f t ee e. premises of a distributor, dealer or purchaser in that sta commissioner shall be deposited in the state treasury and credited to the general fund. ision 2a, it shall be unlawful er hour while within the gubd. 3. Administration and enforcement toles. The commissioner may adopt other d enforce sections 327.31 to 327.84 and Laws i t i d ~ p -rea. The ten miles per hour s er an m n rules as may be necessary to a Section 5. The rules shall, to the extent practicable, be uniform with Chapter 363 1981 ' home park or recreational , , bed by those adopted by other states. All rules shall be adopted in the manner prescn t which the park or area is sections 14.01 to 14.70. Installation rules. The commissioner shall adopt rules governing the instal- 4 Subd dinance, set and enforce in a . . lation of manufactured homes, and shall include them in the state building code. The time of installation. t th d i ten miles per hour but which e a nspecte rules may include a list of specific safety items to be 18 . ! • § 327.33 HOTELS, PUBLIC RESORTS, MANUFACTURED HOMES 11OTEI..S, pL'gLlt Subd. 5. Accessory structures rules. The commissioner shall adopt rules governing anufactured home accessory structures including, ll ti f i m on o nsta a the construction and rules relating to the certification of prefabricated manufactured home but not limited to SECTI , on showing that another state provides for certification of L' ctures t I. In s anera~ p . ru accessory s prefabricated manufactured home accessory structures manufactured in compliance with ~ gi Lion overnir session of land upon K standards at least equal to those established by the commissioner, the commissioner may certification affixed under the authority of that arin t b t is situated changed co involv d i g ruc ure e by rule provide that any s e n month•to state shall not be required to bear the certification of this state. Flamingo Terrace Nc Subd. 6. Authorization as agency. The commissioner shall apply to the secretary for inistrative agency for the regulation of manufac- d h i Scott, 18Si, 31; Iv.H'.; Effect of legislatio m e a oner as t approval of the commiss tured homes under the rules of the secretan•. The commissioner may make rules for the lease terms to be of create year•to•}-ear ter administration and enforcement of his responsibilities as a state administrative agency rules for the handling of citizen's complaints. All moneys ited to t li b w terminate year-to-yc see 60 days notice ar , m ut no including, received for services pro~•ided by the commissioner or his authorized agents as a state possessions within 15 administrative agency shall be deposited in the general fund. The commissioner is cement of the Manufactured Home f d i lease term. id. Where written notice or en on, an charged with the adoption, administrat consistent with rules and regulations promulgated by ty- Standards f d S i ply with terms and cc , e a on an Construct the U.S. Department of Housing and Urban Development. The commissioner may adopt to enforce the standards promnl- rds necessar d d d lease agreement wa_a Prescribed by legislati~ y a stan es, an the rules, regulations, co gated under this section. The commissioner is authorized to conduct hearings and rnver}• of possession c presentations of vieN•s consistent with regulations adopted by the U.S. Department of 327.•15 to 327 •!7 1 Housing and Urban Development and to adopt rules and regulations in order to carry out . . this function. Employees. The commissioner may appoint such employees within the Subd 7 Manufactured home 3276.01 et seq. . . department of administration as he may deem necessary for the administration of sections 327.31 to 32"1.34, Laws 1981, Chapter 365, Section 5, and sections 327.51 to 32?.55. 327.51 to 327.56. f Amended by Laws 1971. c. 409, § 3; Laws 1974, c. 273, § 5; Laws 1981, c. 365, § 3; Laws 1982, c. 424, § 130. 1982 Amendment. Laws 1982, c. 424, § 130, The references appear generally throughout the MA?~UF directed references to the administrative proce- statute. duce act be changed to reflect renumbering. 327.61. Citation 327.x1 to 327.43. Repealed by Laws 1982, c. 526, art 2, 11 20, eff. Aug. 1, 1982 Sections 327.61 to act of 1975. Manufactured home park lot rentals, see now Amended by Laws 1981 § 327C.01 et seq. 327.62. Definitions Notes of Decisions Under Repealed Sections SECTION 327.42 As of effective date of legislation governing lessor's recovery of possession of land upon Subd. 2. "Manufa 32?•31, subdivision 6, 1. In several which occupied mobile home is situated, month- Effect of legislation requiring mobile home to-month tenancy of pasties was converted to or other valid eneum home's occupant; pro' lease terms w be of one year duration was to ear-to- ear tenancy, and since no proper fermi- Y Y includes a manufactt 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 60 days notice and by seeking to recover recover possession within 15 days at end of 1982 Amendment Re possessions within 15 days at end of annual annua] lease term, termination was improperly me H bil M mer text see main yolun o e o Lease term. Flamingo Terrace albwed. Id. lnc. v. Scott, 1981, 317 N.W.2d 697. Park , 327.63. Applicability 327.44, 327.441. Repealed by Laws 1482, e. 526.:.rt. 2. 9 20. eff. March 23. 1982 Subdivision 1. U.( Iiahed by sections 327 (, for repossession of a ( Manu[actured home park lot rentals, see now - state, the provisions of r ; 3'L7C.oi et seq. 14 o-h. City Council Minutes March 19, 1984 Page Four The City Administrator indicated that Mr. Zack 3ohnson 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 o€f 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 reagrding the use of the basement for rental space and variance to the parking space requirements. Planning Commission Chairman Marty Trac indicated that the Planning Commission could not make a decision based on "ifs", 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 variant based on one floor of space consisting of 2,500 square feet. It was the consensus th the City Council consider a parking variance when Mr. Lundberg has a definite plan for the site. COUNCII,MEMBER DUITSMAN MOVED THAT THE EAST BASEMENT WALL BE BUILT WITHOUT- SIGNIFICAN' 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 18746 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 2~ tent sites and that no additional campsites be permitted. City Council Minutes March 19, 1984 Page Five ~- - ~-~. - *~' 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. 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 campgroun facility by allowing a convenience store. Mr. Mike C1ems, 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 L-hose 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 tti~a.t 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 AdministrF 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 lst through September 301 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 two week maximum. Mr. Marty Tracy, Planning 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 1st 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 pear-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 _ 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 far 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 keeping 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 . .. ~Pf~~P~ ~» t~P ritv~o »..innrnn nra~r~r~~ City Council Minutes March 19, 1984 Page Seven ` _~) 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 (109) 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 FACILITIES 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 4 •~~.. utv~ '']..1.41) aA~V, 6.11CLL 4.ttl~ lJVLC:~1. WCG I.G .7GL, 61aLL I. tIQL 11C LL111 111)1 R1/VW CiJV LLL the City's setback requirements. Discussion was carried on between the City Council and Mr. Lockwood regarding the construction of the new barn and the cleanup of his property. Memorandum ~ ~ To: Mayor and City council ~ ~ From: City Administrator Cicy of Elk Date : May 3 , 19 8 4 Rimier Sub'ect: J 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 Campground 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 ivlinnesota 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 Campground 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 xeferred 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 (612441-2052 t . ., 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, ~~~ Robert C. Middau City Administrator RCM:st ~. ~' ~ To: Mayor and City council Memorandum C From: City Administrator C~ City of Date : May 3 , 19 8 4 R • ~~~ s°iVer Sub'ect: Wapiti Park Campground set-up license Request J 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, ~c~~ Robert C. Middaugh City Administrator RCM:st f ~.. 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 Gity 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 APPROVEATHE LANGUAGE A~Ds3~HP1-T-- 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. ~~ r~ 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 Hearing 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. Ci^y Council Minutes ~y 7 , 1984 Page Three ~!~ 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. Pis. 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 City 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 indicated 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. Robert 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 t.>m,,.,,-9,-.. t11AATR 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. Couneilmember 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. Couneilmember 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. Couneilmember Schuldt indicated that travel trailers and campgrounds can also be used for temporary employment. Couneilmember Schuldt further indicated that an example might be that a family travels with the husband during the summer time as he works. Couneilmember Schuldt further indi- cated that campground residents can be at a campground for a number of reasons. Couneilmember 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. ~. 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. Couneilmember 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. Couneilmember 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 RE UEST 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-O. 8. Wapiti Park Setup License The City Administrator indicated that Mr. Roger White of Wapiti Park 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 .,., 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 1917]. Zebulon Street, is requesting an administrative subdivision to allow him to consolidate Lots 6 and 7, Block 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 SEGONDED 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 A1rs. 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 - use of Highway Commercial districts. Councilmember Gunkel indicated that the t Planning Commission considered Mrs. Eckdahl 's request and voted unanimously to <~,.: 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 an Highway ~1~10 in Anoka and there are other daycare facilities located in shopping centers, which axe 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. Prom• 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. Far instance, .Say it was determined that 8 months was the length of time determined by all to be the most 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 mon#hs 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 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 . N.W. ,..~..__.._.__._......._._... ~ a ..~..._,.._._.._. _... a._._._.~.. ~e~,~~ ~I ~I io ~~ ~ ~~ ~ F~ ~~~ ~.~tl y ~ ~/S' ~~' ~~~~~., ~ ~J ~ ate' ,7! ..~,e~ ~„~~ o~ k, ~ ~ - ~ --: ..~~. ~~ ..__ __...._.._--~- - -- - -s. - _____._~_. _3. ~~- i ~~~ . ~~~~ .~ ~~ 3 • ~~ ~ C .~~ „~_ .~.~ ,, ~' ~ ~ ~j~-~~~z ~ ~ R~ ~~~ ~ ,; ~°,` " ~~ ~ a~ ~, ~~~'y/~, ..~ ~__ V ~ ~ 1 j ~ 1 1 ~~_~_ -7--`~-~--_____ I I __ __ ..... __._ _ ~ _. ,~ _ _ __ n _ - ,. ~ `~„-~ A .. r .. ` ~ y' I ' f~ .~ + ,~ s-~.~- ~- ~, ~- / (/ . "~ ~ hu'~ ~^/~.~„„,Ae# a,o ~~~ qoxr `~ e't a r~+ti u ~- .... ~{~-^ ~/ ___ ]~ i. ~/ /I TTl O/1AYN Y _l_. fie. f 6... City Council Muiutes Page 3 August 2, 2010 Ms. Johnson stated the R will verify the signs es. Ms. Johnson discussed the required process is order to draw do the lake. MOVED BY COUNCILME BER ZER AS AND SECONDED BY COUNCILMEMBER MOT O S A PUBLIC 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 ould like ore information provided for both these projects. 5.1. Baile~Point Ms. Johnson noted thi rein was requested to bed ed as discussed in her staff report. 5.2. R~uest by Wa~ti Park rraine White, for Interim Use Pernut. Case No CU 10-16 - Publlc Hearing Mr. Barnhart presented the staff report noting staff and the Planning Commission's recommendation. Trivia Joy Heroin, 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. Kaatz 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 fox 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. Batryna Gish, 518113 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 in 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 Msnutes August 2, 2010 Page 4 Alisha Kieh, 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 Kim Satavich 518113 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, 518113 Avenue, Coon Rapids - Stated he is opposed to closing down Wapiti during the winter months. Mayor KIinzing closed the public hearing. Attorney Beck explained the state law def red 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 stapiug at Wapiti are onlq 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. Council 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. Couneilmember Gumphrey questioned if there were anp structures that needed to be removed Mr. Barnhart stated several structures have exposed plumbing and additions attached to campers. Mayor I{linzing 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 says 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 dty needs to ensure that there aren't permanent residents staying 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 dty with evidence of compliance on a periodic basis. He stated Wapiti has a history of non-compliance over many pears. He stated Wapiti hasa'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 residenry issue. Counc:ilmember Motion questioned if a condition should be added that requires a plan be submitted to the city demonstrating compliance with non-residenry 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. Couacilmember 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 dty would have to begin a revocation process if the permit was approved for 10 years and an acceptable plan never came forward Councilmember Moon 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 PARE CAMPGROUND, INC., CASE NO. CU 10-16 WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL MAINTAIN ALL APPROPRIATE STATE LICENSES AT ALL TIMES. City Council Mantes August 2, 2010 Page G 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 EL8 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 T August 2, 2010 ___________W 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. MOTION CARRIED 5-0. .A. C9nsider 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 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; City Council Minutes Page ~ August 2, 2010 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: 1j THAT A PRIVATE ROAD AGREEMENT BE ENTERED INTO BETWEEN MR. WHITE AND THE CITY OF ELg RIVER FOR ACCESS FOR THE PROPERTY; Z) 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 RESTAURAN'P 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 gEPT 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 327.2$ 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. nr~;,,~.,rP A+Y+Pndment Relating to Hwnting and Shooting~T~ Parks and Trails Mr. Benoit presented Mr. Leeseberg's staff report. Item # ~;2. MEMORANDUM TO: City Council FROM: Jeremy Barnhart, Planning Manager DATE: December 20, 2010 SUBJECT: CU 10-16 Wapiti Park Campground Update At its meeting on August 2, the Council approved an interim use permit for Wapiti Park, subject to several conditions. Among the conditions was a requirement that the Interim Use Permit would expire on January 1, 2011 if the following items in bold were not completed. The purpose of this memo is to update the Council on the status of these items. While Wapiti Park has 11 days to complete the items, this is the last Council meeting scheduled for 2010. Staffls update follows each item. L 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 Hodees\City Council\Council RCA\Agenda Packet\12-20-2010\Wapiti.doc d STAFF HAS APPROVED A DEBRIS MANAGEMENT PLAN ; No plan has been received e. THE APPLICAN`T' 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 ate 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: 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 SI'Z'ES 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 RiJ1,F,fi ANT) RF.rTTT.ATTf1NC PF.RTAiNiN(: Tfl 13:\1'ubGc Hodies\City Counal\Coundl RCA\Agenda Packet\ 12-ZO-2010\Wapioi.doc RECREATIONAL CAMPING AREAS AND REFERRED TO AS MDH 187, AND THE PROVISIONS OF MINNESOTA STATUTE 327.10 THROUGH 327.28 PERTAINING TO RECREATIONAL CAMPING AREAS AND RECREATIONAL CAMPING VEHICLES SHALL APPLY AND BE CONDITIONS WITHIN THE CITY'S CONDITIONAL USE PERMIT; AND 9) THAT THE WHEELS MUST REMAIN ON VEHICLES PARKED IN CAMPGROUND AND THAT THERE BE NO PERMANENT UNITS FOR RENTAL PURPOSES. These items were the original conditions of the 1984 CUP. It appears that, with the exception of # 6, 8, and 9, the items have been complied with. N:iPub&c Bodies\Ciry Council\Cound RCA\Agenda Packet\]2-2D-2070\Wapiti.doc . -..~, ~-v ..~ J ea( ~a-~c1 arc 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 will not live at the facility and that there be an inspection of the septic system to ensure that it is fully functional. In it's most recent correspondence, received today, Wapiti is taking the position that it is regulated exclusively by the State and will only agree to hours of operation and compliance with State rules and regulations. City staff continues to believe that the City has the right to take steps to ensure that Wapiti Park is being operated as a recreational camping facility as provided by State law, and that the City can impose appropriate conditions to ensure the health, safety and welfare of the campers at Wapiti Park, as well as the citizens of the City. Conditions such as prohibiting permanent residency at the facility, requiring removal of structures and vehicles which do not fall within the definition of recreational camping vehicle, requiring that the functionality of the septic system be verified, and requiring manure and debris management plans are, in staffs view, welt 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 quo until the Council considers the matter again. Alternatively, if the Council does not want to pursue compliance with the conditions set forth on August 2nd, the Council could adopt a resolution, by motion, tonight, granting a 10 year IUP subject only to the conditions agreed to by Wapiti. I'll be at my desk, if you have any questions. Peter Beck ~'~. Attorney ~,~ Gray Plant Mooty '~ ~ 500 IDS Center 80 South Eighth Street Minneapolis, MN USA 55402 Phone: 612.632.3001 Fax: 672.632.4001 Mobile: 612.991.1350 Peter. BedcCa~coml~nn±,rQm Click Were For NOTICES: Pursuant to the rules of professional conduct set forth in Circular 23Q, 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 pnor wntten perrrussion, may use or reYer to any m:wayzaca yaw taroup, F_t_l~ tva..Fry ~,ouncFt memve~s ~F ro~waF~~~~ t~.~ )'w4v~ tw)~) ~,.o ~y ~~~- - ~~~zo rC~ si z WAY2ATA LA\V GROt!P. LLL:.-- ^~„~~~~_ _ _-.~--~~_-.r~„~__`_I~ ~"„----F~.~-GJt~/ 1407 CAST VtA`.'ZATA BLYU., tilltlE 170 Vi AYZAIA. MI1'1'EtiC)lA )l;9t TEL' ~JS1 . 4'S . tOZS CAX: 'tSZ . ~?G .4.147 LISTEN • THINK • AUVC)CATF • GUIUF ADAM C. tCAATZ DIRECT DIAL: 952.475.091p ><-nent~: akaatz cQwayzatalawgroup.com December 20, 201 ~ Elk River City Council City Hall 13065 Orono Parkway Elk River, MN b5330 RE: Wapiti Park Csmpg~ound Dear Council Members: YIA FACSIMILE 763. s35.1090 Due to today's weather, I request your indulgence and submit Wapiti Park's position in writing. In October we submitted the attached offer. Since then we have worked with city staff but have been unable to come up with conditions that would work far both the City and Wapiti Park, It has been and continues to be our position that Wapiti Park is a legal, nonconforming use and that its operation is regulated exclusively by the State of Minnesota, Department of Health. It seems to us that the City should be allowed to impose conditions on the operation of the building in the process of renewing the ln#erim Use Permit. But ttie 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 meat my office to discuss the matter further. Sincerely, Wayzata Law Groin ~~ v! Adam C. Kaatr Enclosure Irt;wayzata t,aw group, L!_V 1 v:~.tay ti.vuttcll tnc~nuc~ a t i r vaar.,v i vw~ ~~•~~ ~ ~~~• • ~+~~^ ~ ~~ ~ 7 "" "-' lvAY2ATA LAW C;RCJUP, llC. 190? EAST Wwv ~ntA BIVU.. SU+fE t:p WA12~T4. mW~CY07n SS191 l[l: 95: ~ ITS . t0~3 FA a: ~i2 -aTS , ~.i~? USt'EN • TINNK • ADti(>CA'EE ~ Glf1DE October Z5, 201U Peter Beck Elk River City Attorney 500 IDS Center 80 South 8~' St Minneapolis, MN 55402 Re: Waalti Park Campgrounds. lnc. Dear Peter, VhA U.S. MAiL I write to you in the hopes of coming to a resolution with respect to conditions the City of Elk River wants imposed on Wapiti Park. While this letter will suggest conditions to which Wapiti Park would be wiling to subject itself, it does not change our basic position that Wapiti Park is a Legal, nonconforming use and that its operation is regulated exclusively by the State of Minnesota, Department of Health. if we ors 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 fads for the determination of Wapiti Park's property rights. tf the City acknowledges Wapiti Park's status as a legal, nonc~nfarming 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 wits 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; 4. Wapiti Paris will not add any additional campsites; 5. Wapiti Park's hours of operation wilt 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! require that wheels remain an vehicles. parked in the campground. Because time is of the essence, we would appreciate your response to our propose! by November 15, z010~ ,lnn~s G. RoBlu OIRECT DIAL: 952.475.0987 E-I+~r~.: jrobin(~fnrayzatalawgroup.com Please contact me at my office to discuss the matter further. m:vvayzaia maw vroup, ~~~. ~ a:~.~ry wuncu ~tioin~+ci ~ t ~ ~ ~.,~~.. ~..~..~ ~.,.,... ~...~... ~ .............. y ..,-.,, Very Truly Yours, Wayzata l.a/w Group, LLC ~~ .. James G. Robin JGRfack City Council Minutes Decesaber 20, 2010 Page 2 4. Open Mille , No one appeared for C+pen Mike. 5.1. Request for Conditional Use Permit and License for Ells River Investments, LLC/Tiller Cow for Mineral Excavation Case No CU 10-21-Public H~rg 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 Moon 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, 202E MOTION CARRIED 4-0. 5.2. W~pitl Park Camogroun~l 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 Par1~ 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 Rivet Chamber .nm g~g,~~iver Elk River-Verbal Up to Chamber President Debbi Rydberg provided an update regarding a new winter community event that they hope will continue for many years to come. The Council noted they were looking forward to the event. 1YAY2ATA LA1N GRC)UY, lLl:. 1907 FAST WArY.ArA OlY{).. 5LICC 170 WA1'ZATA, A71NKC$LITn SS791 TCt: 9r:!~.•475M1D~5~~l~AX: ~S2 a74.d+lAi .._.,,._...~._».,,..... LIS1'LN • TI11NK • AOVQCATL • Glllpt October 25, 2Q10 sAMES G, ROBIN C?IRECT DIAL: 552,475.0987 E-MAfI: jTObinQwayzatalawgroup.com Peter Beck Elk River City Attorney 500 lDS Center 80 South 8~h St Minneapolis, MN 55402 Ro: Wapiti Park Camper©unds~ inc. Dear Peter, V!A U.S. IVtAIL l write to you in the hopes of carving to a resolufaon with respect to conditions the City of Elk River wants imposed on Wapiti Park. While this letter will suggest conditions to which Wapiti Park would be willing to subject itself, it does not change our basic position that Wapiti Park is a legal, nonconforming use and that its operation is regulated exclusively by the State of Minnesota, Department of Health. If we are unable to come to an agreement, it is my hope that the City and 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 following conditions; 1. Wapiti Park would insert iha fallowing language in its rules governing 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 3Q, 3010; 4. Wapiti Park will not add any additional campsites; 5. Wapiti Park's hours of operation wilt remain at B: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 will require that wheels remain on vehicles parked in the campground. Because time is of the essenc®, we would appreciate your response to our proposal by November 15, 2Q10, Please contact me at my office to discuss the matter further. Very Truly Yours, Wayzata Law Group, LLC .~ `lamas G. Robin JGRlack r•ay ~.a vu ru •r v, v.. p, ...~ ...... .~ ~......,.... ............. ,.. __-_-'...., ..-- ----"-._ --' -- a -- WAY7.ATA LAW CROUP. LLC.. 1907 EAST WA1'ZA'IA BLVU., SUITE 1 i(1 WAl'ZA'fA, MINNESC)lA 55J'l1 TEL' 957.. A7S .1(125 FAX: 752 . 47fi . •Id47 LISTEN • iti1NR • ADVOCATE • GUIDF. ADAM C. KAATZ DIRECT DIAL: 952.475.0910 e-MAIL.: akaatz@wayzatatawgroup.cam December 20, 2010 YIA FACSIMILE 763.635. ? 090 Ellc River City Council City Hail 13065 Orono Parkway Elk River, MN 55330 RE: Wapiti Park Cam~,~raund Dear Council Members: Due to today's weather, I request your indulgence and submit Wapiti Park's position in writing. In October we submitted the attached offer. Since then we have worked with city staff but have been unable to come up with conditions that would work for 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 Sta#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 8:OOa.m, - 11:OOp.m. and that Wapiti Park will continue to comply with all Minnesota Department of Health rules and regulations pertaining to recreational camping sites as the only conditions of the Interim Use Permit, we would agree. Otherwise, Wapiti Park would have no alternative but to seek the Judicial Review of its Interim Use Permit. Please contact me at my office to discuss the matter further. Sincerely, Wayzata Law Group, LLC Adam C. Kaatz Enclosure City Council Minutes Page 5 March 21, 2011 6.3. Extension of the Interim Use Permit (,IUP for the Store Buildine at Wapiti Park Case No UC 10-16 Attorney Beck stated the attorney for Wapiti was not able to make it to the meeting tonight because he is sick and further asked that the IUP be extended. Mr. Beck told the Wapiti attorney he can't offer the extension as it is a Council decision. He told the attorney that Council map be more likely to offer an extension if all parties could meet and work toward a resolution of the issues for this IUP. Mr. Beck stated the Wapiti attomey has agreed to meet with staff this Friday. Council noted it was good all parties could come together for a meeting. Council expressed concerns with no progress being made to this point on the conditions set forth in the IUP. They further expressed concerns with extending this IUP any further. Mr. Beck stated another issue for Wapiti is that they have a Consumption and Display Permit that is issued through the State but requires approval from the city. He stated the permit would expire on March 31, 2011. He noted that the application was received last week but was not ready for Council action tonight as the application is incomplete. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO EXTEND THE INTERIM USE PERMIT TO APRIL 4, 2011. Councilmember Motin requested to add to the motion that it be noted that the • Consumption and Display Permit would expire March 31, 2011. The maker and seconder agreed to the amendment. MOTION CARRIED 5-0. 6.4. Direction on Whether to Initiate Revocation of Liquor Licenses for Wapiti Park MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO CONTINUE THIS ITEM TO APRIL 4, 201E MOTION CARRIED 5-0. 7.1. Mn/DOT Closure of Hig~,~ 169 Southbound Bri over Highway 10 Mr. Femrite presented the staff report. He stated staff has concerns for the amount of traffic and stress that will be on the city road system but worked with Mn/DOT to try and work out the best possible situation. He further stated there will be large traffic problems on the city and state road system. Council expressed concerns with the selected detour routes, congestion, and summer cabin traffic. Discussion was held on changing some of the detour movement from Main Street to Jackson Avenue, which staff will bring back to Mn/DOT for consideration. • MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 11-14 ITEM 6.3. .''~~'~ MEMORANDUM TO: City Council FROM: Jeremy Barnhart, Planning Manager DATE: March 2 I , 20 I I SUBJECT: Extension of the Interim Use Permit for the Store Building at Wapiti Park, Case No. 10- 16 At its meeting in January, Council reviewed the conditions applied to Wapiti Park in the Interim Use received on August 2, 2010. Specifically, one of the conditions was the review and approval of a plan to address the items outlined in the remaining conditions. At that meeting, the attorney for Wapiti had comments on many of the findings identified by staff. Based on these comments, Council directed the city attorney Peter Beck to review Wapiti's comments and report back in March. Attached are the comments from Wapiti's attorney as well as Mr. Beck's response to these comments. C:\Users\jjohnson\AppData\Local\Microsoft\Windows\Temporxiy Internet Files\Content.Chrtlook\SFWAYSNS\CU 10-16 Wapiti Park update for Council3-21-1 l.doc Page 1 of I Beck, Peter K. From: Jim Robin (JRobin~wayzatalawgroup.com) Sent: Thursday, January 27, 2011 5:i8 PM To: shortshots17@aol,com Cc: Beck, Peter K. Subject: White and Wapiti Park Campgrounds, Inc. Attachments: Presentation to Elk River Ciry Council with Annotations.pdf Deaz Mayor Dietz, Enclosed, pursuant to your request is a typed version of my presentation notes with annotations referencing the case law, statutes, ordinances and Attorney General Opinions in support of our positions. Can I count on you to duplicate this and provide copies to the other members of the City Council? I will provide a copy to Mr. Beck by copying him on this email. Jim Robin James G. Robin Wayzata Law Group LLC Suite 170 1907 East Wayzata Blvd. Wayzata, MN 55391 952.475.0987 (Direct) 952.476.4447 (Fax) )robin~a wayzatalawgroup com "The information contained in this a-mail message is confidential and intended only for the use of the individual to whom it is directed. [f the reader of this message is not the intended recipient, please reply to the sender that you have received the email in error and delete it. Although this a-mail and any attachments are believed to be free of any virus or other defect, it is the responsibility of the recipient to ensure that it is virus-free. Wayzata Law Group LLC is not responsible for any loss or damage arising from receipt or use of this communication or its attachments. 2/1 /2011 Annotated Notes on January 18't' Presentation to Elk River City Council Honorable Mayor and Councilors, my name is James Robin of Wayzata Law Group. Wayzata Larv Group represents Lorraine White and Wapiti Park Campgrounds, Inc. For purposes of adding to the formal record 1 would like to clarify the positions of my clients with respect to the proposed findings of fact assembled by city staff. My clients generally agree with proposed findings numbered 1 tht•ough 4, but want to point out that when the campground became a legal, nonconforming use as a t•esult of the rezoning referred to in Finding 4, my clients' use rights were exactly what they were before the adoption of the zoning code in 1980 and before the CUP was issued in 1984. My clients were entitled to continue to opet•ate the campground, subject to State licensure requirements, but free of the conditions attached to the previous CUl'. o White and Wapiti Park lose their status as a legal, nonconforming u.~e only through abandonment. o Abandonment occurs only when there is intent to abaadon and there is some Quart act or litilurr to act indicating the owner no longer claims a right to the nonconforming use. o See County of Isanti v. Peterson, 4b9 N. W.2d 467, 470 (Minn.App.1991) and see also 1'cacock Tp. V. Panetta, 81 Mich. App. 733, 2b5 N. W.2d 8 [0 (I 978). o The city has ackrowledged Wapiti's status as a legal, nonconforming use, unencumbc;red by conditions. (See Director of Alarming, Michele McP(terson's Memorandum to Mayor and City Council (April 12, 2000)}, o Counsel for the city is stlso on record acknowledging status as a legal, nonconforming use. o The city has never sought to enforce the conditions associated with the 1984 CUP, nur has it reviewed the status every two years as provided in the purported conditions. o Any attempt to argue that the 1984 conditions continue to apply is disingenuous and bared by principles of estoppel With respect to proposed finding number 5, we do ttul agree that Elk River ordinances "ded not allow the reconstruction." It is our position that the value of the destroyed building, which served as an accessory use, was far less than 50% of the total integrated value of the fifty-otte acre campground. We believe Elk River had no authority to prevent reconstruction and acted improperly and without authority in requiring alt application for a CUP and again acted improperly and without authority in unilaterally treating the CUP application as an application for an IUl'. o Sere Hertog v. Milwaukee Mul. Ins. Co., 4l5 N.W,2d 370, 373-374 (Minn. App. l987); o See Qttss v. Johnson, 624 N.W.2d 78 [ (Minn. App. 2001) {interpreting a statute similar to Qlk Kiver's Ordinance ~ 900.34, Subd. 9 and concluding that the value of the destroyed building muse be compared to the value ofan entire integrated norconfonning use when determining the percentage ofdestntction ofa nonconforming building). o Sec also Jelier v. Holheins, 190 Misc, 99, 70 N.Y.S.2d 808 (Sup 1947); Application ol'Richards, 41 Misc. 2d 850, 24b N.Y.S.2d 74G (Sup 1962); and Patricia E. Salkitt, American Lnw of Loning § 12.b2 (5'~' ed. 2010). We agree with proposed finding number 6, except for the portion that describes why the city unilaterally treated the CUP application as an IUP application and the portion indicating the likely sale or development within 10 years. o The property owner, Loraine White, never made any such representation, o [i vas irresponsible of the city to suggest that a citizen build a building designed to lass for fifty or sixty years with a limitation often years on the citizen's riglri to use the building. We also point out that the 2000 lUl' was issued with only two conditions, as opposed to the seventeen that the city seeks to impose on renewal. We believe that the first condition to the 2000 IUP, ("(tjhe approval is valid Cot• ten years, until the property is redeveloped, or until ownership of the property is transferred, whichever comes f"trst") was an illegal condition. o No Minnesota Statute Gives a city authority for termination of a permit on redevelopment or transfer of ownership. o No part of the I:Ik River zoning code gives any authority for termination of a permit on rcdevelopntem or transfer of ownership. o A provision for termination of a permit on redevelopment or transfer of ownership .vas unreasonable and unrelated to the use of the building. o See and Patricia ). Salkin, American Law of Zoning ~ 14.33 (5'~` ed. 2010); o See also Room attd Bd. !-tomes and Family Care Homes, Operntors and O~mets v. Gribbs, 67 Mich. App. 381, 241 N.W.2d 216 (1976). We agree with proposed f:nding number 7, but state that the permit expiration date vas Ap~~l 17, 2010. We also want to make a record that on March 15, 2010, the Ellc River City Council adopted Ordinance 10-03 amending §30-658. Ordinance lU-U3 was effective ota April 3, 2010 and resulted in the use of the buildeng by Wapiti again becoming a legal, nonconforming use with full privilege to be continued as a legal, nonconforming use, without further need of an lUP or CUP. o See Llk River City Code § 30-691. o See Llk River City Code ~ 30-701. o Sec M.S.A. ~ 462.357, Subd.(1)(e). We agree wiHi proposed findmg number 8, but claim that such application was solely the result of ~vrongful action by the city in telling my clients they could not legally use the building and that they ~tvould toot be eligible for a renewal of their liquor licenses. We agree with proposed finding number 9, but claim that Wapiti's right to use the building is not dependent on the l0 ,year IUP, but instead upon its right to continue. the legal, nonconforming use created by the zoning ordinance amendment an April 3, 2010. a See Clk River City Code § 30-b91. o See Clk River City Code ~ 30-701. o See M.S.A. fi 462.357, Sttbd.(1)(e). Even if Wapiti needed the IUP, we believe that all of tl-c imposed conditions arc illegal and unenforceable by reason of one or more of the following: A. The conditions attempt to illegally regulate the legal, nonconforming recreational campground use and constitute an uncompensated taking of valuable property rights of White and Wapiti. o See MN Stat. l 17. ! 84. o Slernaman v McHenry County, 454 F.Supp. 24U (N.D.111. 1978). t3. The conditions arc arbitrary, capricious and have no relation to the use of the building as an office, restaurant, bar, laundry and gathering place. o See Sternatnan v. Mcl-lenry County, 4541:.Supp. 240 (N.D. Ill. [978}. o See also Sutmtnit School v. Neugenl, 82 A.D2d 463, 442 N.Y.S.2d 73 (2d Dep't I cJ81). o See also Patricia G. Salkin, American Law ofZoning~~' F4.31 - 14.32 (5`~' ed. 201U). C. Mr. Barnhart's letter of July 8, 2010, listed only 4 conditions, none of which were relevant or material to the use of the building: o i. That the peuk's septic system be verified as appropriate for winter use; 0 2. That a Manure Management flan for the park be submitted; 0 3. That a Debris Management be developed for the park; and 0 4. That the park be closed from January I" through March I" of each year. D. The regulation of campgrounds has been preempted by the State of Minnesota and delegated to the MN Health Dept. o See L3oard ofSup'rs ofCrooks Tp., Renville Coumy v. ValAdCo, 504 N.W.2d 2G7 (Minn. App. 1993). o See M.S.A. 327.IG, Subd. I. o See Ops. Atty. Gen., 238i and G24d-8 o See also State v. Kuhlman, 722 N.W.2d 1, 4 (Mimt.App.2006), review granted {Mimi. Dec. 12, 200b). E. The Elk itiver ordinances do not authorize the council, in gratetittg an lUl', to make it subject to tertination if certain agreements are not reached by a later date. o See Blk River City Code ~ 30-G58, Subd.(b)(G) and (7); and o See M.S.A. ~ 4G2.3597, Subd.{2)(4). F. The Council's action of approving a 10 year lUl', but making it subject to termination if the city and applicant do not reach a future agreement, is in violation of M.S.A. § 15.99 (the 60 day rule), M.S.A. § 462.3597, Subd.{2)(4), the Elk River City Code § 30.65K, and denies my clients of the protection intended by M..S.A. § 15.99. o See M.S.A.~~' 15.99; o See M.S.A. ~ 4G2.3597, Subd.(2}(4); and o See Clk River City Code § 30-GS8, Subd.(bx6) and (7). If the city terminates Wapiti's IUP and liquor licenses its action will constitute a regulattn•y taking of valuable property rights, exposing the city to a claim Tor damages. o See M.S.A. § 1 17.187. Elk River's ordinances set forth no procedure far the revocation of an IUP. Both Ms. White and Wapiti will have been denied substantive and procedural clue process, if' the city revokes the lUl', without an authorized procedure for doing so. The definition cited in proposed finding number 12 is specifically. limited in application to use within specific sections of the statute. o See M.S.A. § 327.14, Subd. ?. Proposed finding number l3 completely misstates the statute. Chapter 327.14, Subd. 8, states that a Recreational Camping Area means, "an area used on a daily, nightly, weekly or longer basis". 1't does not use tl>ie ward `tentparary' in defining Recreational Camping Area. o See M.S.A. 327.14 Subd. 8. Proposed finding number 15 is neither relevant nor material to the lUP for use of the building. With respect to proposed finding number 15, city staff leas never, defined what it meattis by "permanent residents." Most of the residents referred to by city staff on prior occasions sts "permanent" have since moved out, clearly demonstrating that they were not "permanent" residents. Proposed finding number l6(a) is not only false, but also irrelevant and immaterial to the IUP for the use of the building. Proposed finding numbers 16(b) & (c) are neither relevant nor material to the IUP for the use of the building. Proposed finding number 16(d) is a mere allegation, which has „ot been previously communicated to my clients, and is neither relevant nor material to the IUP for the use of the building. Proposed Grading number 1G(e) expresses concerns, but offers no proof of any condition that justifies a concern. Proposed finding number l6(f) expresses concerns, but offers E,O CVI(ICnCC tU 1vl,ich r,~y clicuts might offer rebuttal. Proposed finding number 17 is untrue: The City Council's August 2"`t grant of the IUl' contained SCVCI,tCen conditions, not seven. Perhaps more importantly, my clients have complied with rivelve of the seventeen. o They have maintained all state licenses; o They have provided written testimony regarding the functionality of the septic system; o Thcy have pointed oat to staff that Section i U-9 of the lslk River City Code does not provide Corsi manure management plan; o 'They arc itt compliance with aft violations identified by the health inspector, ~~+~ith the cxcepuon of ouc. They have been given an extension by the health inspector to put off fixing some broken tiles until the spring; o The Private Road agreement exists; o The maximum number ofcampsites tws not been exceeded; o The hours ofoperation are being complied with; o Only minor maintenance and repairs are permitted; o The store is used primarily Cor campers; o The horses do not constitute a nuisance; o The provisions of Minnesota statutes and the Minnesota lhpartment ol•!•lealth arc bcinb complied with; and o The wheels arc on all trailers. Ms. White, Ms. Glenn and Wapiti want to be good individual and corporate citizens. They want to operate their business in a reasonable, responsible and legal ,Wanner. Tlrey want to cooperate with the Council, the Planning Commission, the Police and city staff: They waut the protections, safeguards and services that they are entitled to as taxpayers, citizens and business owners. But none of this can happen if the city tries to take away their vested rights without compensation and without procedural and substantive due p,•ocess. We would like to avoid litigation that would be costly for both sides, but ca„ do so only if the city allows the IUP to continue without the onerous conditions currently being pushed. 4 MEMORANDUM TO: Mayor John Dietz and Members of the City Council FROM: Peter Beck, City Attorney DATE: March 18, 2011 RE: Wapiti Park This memorandum is in response to the Council's request that I address the points made by counsel for Wapiti Park at the January 18, 2011 Elk River City Council meeting. Counsel for Wapiti Park subsequently sent Mayor Dietz an email dated January 27, 2011 with an attachment entitled "Annotated Notes on January 18 Presentation to Elk River City Council." This memorandum will address the major issues raised in that attachment, generally in the order they are raised in the attachment. First, some background. Wapiti Park is zoned R-lb and was issued a conditional use permit (CUP) in 1984. Subsequent to approval of the CUP, the city's zoning ordinance was amended such that campgrounds are no longer a conditional use in the R-lb zoning district. In 1999, the Wapiti Park store building burned down. In 2000, aten-year interim use permit (ItJP) was approved to rebuild the store building. The ten-year IUP has expired, and Wapiti Park has applied for a new IUP for the store building for an additional ten years. To operate as it is currently, Wapiti Park: • must be a lawful use; • must have a valid IUP for the store building; • must have the necessary licenses for liquor sales; and • must have a valid campground permit from the Minnesota Department of Health. Although related, the only approval before the City Council at this time is the IUP for the store building. 1. Wapiti Pazk azgues that the zoning ordinance amendment which eliminated campgrounds as a conditional use eliminated any obligation of Wapiti Park to comply with the conditions of its 1984 CUP. I find no authority to support that position. When the zoning ordinance was amended to eliminate campgrounds as a conditional use, Wapiti Pazk was a legal use so long as it complied with the conditions of its CUP. Therefore, it became a legal nonconforming use subject to its CUP and compliance with the conditions set forth in the CUP. Minnesota Statutes, Sec. 462.3595, Subdivision 3, provides that: A conditional use permit shall remain in effect as long as the conditions agreed upon aze observed, but nothing in this section shall prevent the municipality from enacting or amending official controls to change the status of conditional uses. Pursuant to this Statute, the city was within its rights to amend its ordinance to eliminate campgrounds as a conditional use, but Wapiti Pazk retained the right to its CUP, "as long as the conditions agreed upon are observed." If the ordinance had not been amended, Wapiti Park would be obligated to comply with the conditions of its CUP, the CUP would be valid for as long as the conditions agreed upon were observed, and the CUP could be subject to revocation if the conditions agreed upon were not observed. Following the ordinance amendment, Wapiti Park became a legal nonconforming use subject to its CUP which, pursuant to the Statute, remained in effect as long as the conditions agreed upon are observed. Failure to comply with the conditions in the CUP still subject the CUP to revocation, just as it would if the ordinance had not been amended. 2. Wapiti Park argues that it can only lose its nonconforming use status through abandonment, citing the case of County of Isanti v. Peterson, 469 N.W.2d 467 (Minn. App. 1991). In fact, that case specifically held that proof of abandonment is not required and that the right to continue a nonconforming use can be terminated by discontinuance. However, that is not the situation here. In this instance, the issue is that Wapiti Park's legal nonconforming use status is tied to its CUP. Without the CUP, it would not be a legal nonconforming use and would have no nonconforming use rights. 3. Wapiti Park argues that the city had no authority to require an IUP for reconstruction of the store building in 2000, arguing that the destroyed building was less than 50% of the total value of the campground. However, the IUP was not issued for the campground. The campground has a CUP which, as noted above, remains in effect so long as the conditions agreed upon in the CUP aze observed. The IUP was issued for the store building, and the issue before the City Council is whether to renew the IUP for the store building for an additional ten years. 4. In addition to arguing that the city had no authority to require an application for either a CUP or an IUP in 2000, Wapiti Park argues that the city unilaterally treated their application for a CUP as an IUP application. As staff has pointed out in the staff reports, at the time the store building burned down in 2000, city code did not allow the reconstruction of a nonconforming use, even a legal nonconforming use. Although operation of the campground could continue pursuant to 2 the CUP, the destroyed building could not be rebuilt. City staff suggested an ILJP as a way to allow reconstruction of the store building. Wapiti Pazk agreed to that approach, accepted the IUP when it was approved, and expressed no objection to the IUP for its entire duration often years. 5. Wapiti Park argues that the ten-yeaz term of the IUP is invalid because no Minnesota Statute gives the city authority for termination of a permit. In fact, Minnesota Statutes, Sec. 462.3597, gives the city express authority to allow interim uses, and to set conditions on interim uses. The Statute defines an interim use as, "a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it." (Emphasis added.) This Statute gives the city express authority to issue an IUP allowing the temporary use of property until a particular date, including ten years from the date of the issuance. 6. Wapiti Pazk argues that the city's Apri12010 amendment of its interim use ordinance resulted in Wapiti Park's building become a legal nonconforming use without further need of an IUP or CUP, citing Sections 30-691 and 30-701 of the city code and Minnesota Statutes, Sec. 462.357, Subdivision (1)e. The Statute cited is the 2004 amendment of the Municipal Planning Act which allows for the repair and replacement of nonconforming uses. The city code sections are the city's corresponding nonconforming use section. Neither the Statute nor the code sections provide that an ordinance amendment wipes out existing CUPs and IUPs. As pointed out above, when a legal use becomes nonconforming, it is a legal nonconforming use subject to the approvals that made it a legal use. Wapiti Pazk has cited no Statutes or case law which would support their position that an amendment of the city code frees them from the terms of their IUP or CUP. The fact of a zoning ordinance amendment does not eliminate a CUP, the conditions set forth in the CUP, or the date for expiration of an IUP. 7. Wapiti Park argues that the conditions recommended by staff are illegal because they constitute an uncompensated taking of valuable property rights. Nobody has proposed a physical taking of Wapiti Park or any portion thereof. If Wapiti Pazk's azgument is that the imposition of conditions in a CUP and/or an IUP constitute a regulatory taking, the facts in this instance would not support such a claim. To establish a regulatory taking of property, the owner must establish that the nature of the taking leaves the property with no remaining economic value. In this instance, the CUP and IUP specifically allow for use of the property as a campground, subject to conditions. None of the conditions prohibit use of the property as a campground. Even if they did, the R-lb zoning district allows other economically viable uses of the property. There is no regulatory taking. 8. Wapiti Park argues that the conditions recommended by staff are illegal because they have no relation to the use of the building as an office, restaurant, bar, laundry and gathering place. 3 The conditions recommended by staff fall into two categories: conditions intended to bring the use of Wapiti Park into compliance with state law and the terms of the 1984 CUP; and conditions addressing public health, safety and welfare issues related to the use of the campground and store building. For instance, the store building includes a restaurant, bar, laundry and restrooms, all of which generate waste water which goes into the onsite septic system. Staffl s recommendation that compliance of the septic system with state standards be verified is directly related to the use of the building. Similarly, the building generates solid waste and debris, thus the recommended condition for a debris management plan. Finally, the recommended condition requiring compliance with outstanding violations identified by the Department of Health relate directly to conditions in the building. Far from being irrelevant or immaterial to the use of the building, as Wapiti Pazk maintains, these conditions aze directly related to use of the building. 9. Wapiti Park argues that the regulation of campgrounds is preempted by the State of Minnesota and delegated to the Minnesota Department of Health. Minnesota Statutes, Chapter 327, regulates manufactured home parks and camping areas. Section 327.16 of that Chapter requires that a campground obtain a permit from the Department of Health, but goes on the provide that: such approval does not relieve the applicant from securing building permits in municipalities that require permits or from complying with any other municipal ordinance or ordinances, applicable thereto, not in conflict with this statute. The State Attorney General has specifically advised that: municipalities have the power to regulate trailer coach parks where the municipal ordinances are not in conflict with Sections 327.14 to 327.28. Op. Att'y Gen., 2381, September 21, 1956. By its express terms, the Statute allows municipal regulation of campgrounds if not in conflict with the state statute. Requiring a CUP for a campground and requiring compliance with Chapter 327 as a condition of the CUP is not in conflict with the statute. We are confident that the city has the authority through its land use ordinances to provide for appropriate locations for campgrounds, to require land use approvals for campgrounds, to require compliance with the standards of the city's land use ordinances and to impose reasonable conditions consistent with those standards. 10. Wapiti Pazk azgues that the city has no authority to revoke an IUP. In this instance, the NP for the store building expired pursuant to its terms on a particular date, as authorized by statute, which date was ten yeazs from the date of issuance. The IiJP has been extended on two occasions to a specific date and it expires on that date unless extended. If those extensions expire, the IUP will expire by its terms, not by revocation. 4 11. Wapiti Pazk azgues, in a number of places, that a recreational camping area is not constrained to temporary residents. Chapter 327 defines "recreational camping azea" as: 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. The Statute also defines "recreational camping vehicle" as including the following: • any vehiculaz, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses; • any structure designed to be mounted on a truck chassis designed for use as a temporary dwelling for travel, recreation and vacation; • any portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of the self-propelled vehicle; and • any folding structure, mounted on wheels and designed for travel, recreation and vacation use. (Emphasis added.) The definition of "recreational camping area" specifically incorporates the definition of "recreational camping vehicle." The definition of "recreational camping vehicle" uses the term temporary when defining recreational camping vehicles and, just as important, states that recreational camping vehicles must be "designed" or "to be used" for "travel, recreation and vacation use." It is clear that these definitions do not contemplate permanent residency in a recreational camping vehicle or at a recreational camping area. This is also clear because Chapter 327 also regulates manufactured home parks, which are designed and intended for permanent residency. 12. The balance of Wapiti Park's annotated notes on their January 18 presentation challenge the findings of fact set forth in the proposed resolution for City Council consideration regarding the IUP for the store building. Staff has reviewed the findings again and still believes that the record in this matter supports these findings for City Council consideration. Wapiti Park concludes by suggesting that the city allow the IUP to continue without the onerous conditions recommended. However, the only conditions that Wapiti Pazk will apparently agree to, pursuant to their letter of December 20, 2010, is to maintain their current hours of operation and to comply with the Minnesota Department of Health rules and regulations. As set forth above, staff believes that the City Council has the authority to require compliance with the conditions of the 1984 CUP. This CUP was validly approved and Wapiti Park is entitled to continue the use as long as the conditions set forth in the CUP are observed. The legal nonconforming use status of Wapiti Park is subject to the 5 conditions of the CUP, and Wapiti Park is not entitled to ignore those conditions. Failure to comply with the conditions of the CUP subjects the use to the possibility of revocation of the CUP, which would terminate Wapiti Park's legal nonconforming use status and render the use illegal. However, revocation of the CUP is not before the City Council at this point. The issue before the City council is whether to grant an IUP for the store building at Wapiti Park for an additional ten years. Staff believes that failure of Wapiti Park to verify the functionality of the onsite septic system which serves the store building, failure to present a debris management plan for solid waste generated from the store building, and failure to submit evidence of compliance with outstanding violations identified by the Department of Health are adequate grounds to deny an extension of the IUP. If an extension of the NP is denied, use of the store building would become illegal. The campground, however, could continue to operate pursuant to its 1984 CUP. As noted above, that CUP is valid as Iong as its conditions are observed. If the conditions of the CUP are not being complied with, the city could commence revocation proceedings as provided in Section 30-659 of the city code. GP:2943649 vl 6 I Allardr ~`i~a , `~ `` ~~ Sub,~ect: Fib?: Tonight ~Fromx. ~q dar~~Ka~a9tz ~ymrya ~:$$Eic.Ask{{~~~~-tz~^^~~w}~}~g/~#g~zat~la~rc~~p.~~m .7~F~~i 1~~londay, l~arCll G1.{ .. i.r ;&1 L.~G t"0°B TO. Beck, Feter K. ~tl~je'C'~. ~t3tlight ter. Seek, l am trying my best to teat a hold of you because I have a prt~blem regarding this evening's Elk River City Council meeting. C just got back from the [~octcsr wtzere l was told l have bath sirep throat anti a sinus infectian. deedless to say, ! am in tough shape. l was wondering if yt~u would be open tt~ continuing our matter until the ne~€t rreetirg ~ the Coin"sCii I r ~ ; - . ;u, I am not trying. to play games with either you or the Council. Please cantata tree as soon as you haire a moment. Thanks Peter, Adam Kaatz Adam a~~ 4~'Gati `'cam{cd':. ..; ~J !~t~~t ~.F~ 1.-~~ ~7 zJt1 ~. 4~,pr~1 ~'Zcafci ~'~'~`~i_; : ~, ~ f Tai ~~C:~~~.Ju~I`~ r`~csX' ~r~_~? ~i.~~F~-t~ f t-„~~ a}'a2c«.E ~u`G'~'~+`Z~<ic~lc~VJ~'~OiJ?~-~yiTl The-inforr~ration contained in this e-mail message is privileged, confidentia}, or other rise e>~etnpt front diselcsure under applicable law, and intended only fcr the use of the individuaf or entity named above. If the reader of ibis message Is net the intended recipient, employee, ter agent responsible far delivering t"~e message to the intended recipient, °~~ou are hereby notified that any dissemination, distribution. or copying of this ctsmmunicatic~n is strictly prohibited. If ycu have received this communication in error, please notify us immediately by telephone (g~~.~ f ~,1 CJ2~} or via reply e-mai(and delete or discard thn message. 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AGENDA SECTION MEETING DATE PREPARED BY Communi ~ Develo ment March 21, 2011 Tina Allard, Ci Clexk ITEM DESCRIPTION REVIEWED By Direction on Whether to Initiate Revocation of Liquor Licenses Lori ohnson, Ci Administrator fox 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 fox 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 fixnctional year round and remains fully functional. C. Staff has approved a manure management plan, in compliance with Section 10-4 of Ciry Code. D. Staff has approved a debris management plan. N:\Public Bodies\Ciry Council\Council RCA\I,icensing\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 ~~ote Follow Up N:\Public Bodies\City Council\Cauncil RCA\Licensing\Liquor\2011\Wapiti Direct from CC.doc City Council Miautes page 2 April 4, 2011 4.1. Senator Mike Tungbauer It was noted that Senator Jungbauer wouldn't be able to attend the meeting due to the passing of his father. Condolences were expressed by Council. 5.1. Wa i ' ark A. Interim Use Permit for the Store Building at Wapiti Park Case No 10-16 B. Direction on Liquor Licenses Mr. Barnhart presented the staff report and requested direction on the five conditions that Wapiti has proposed. Councilmember Motin questioned how the 360 days complies with the temporary requirements of recreational camping. He noted there are kids who go to school from the campground. Attorney Beck stated staff asked Wapiti Park to come forward with a plan they felt would address the temporary residenry issue and their proposal's response was to limit camping to 360 days. Councilmember Westgaard questioned the city's reason for regulating temporary residency in campgrounds if the State doesn't regulate it. He questioned if the State addressed the skirting and hard piping type issues. Mr. Barnhart stated the city's goal has been to maintain Wapiti Park as a campground but people have taken up residenry. Attorney Beck reviewed the recreational cam in area definition and recreational cam ~ • P g P~ vehicles definitions from state statute. He stated recreational camping vehicles are described as portable structures designed as temporary dwellings for travel, recreational, and vacation uses. He stated in order for Wapiti Park to be a State licensed campground, the intent has to be that it has temporary campers. He further noted the State doesn't provide guidance on the definition of temporary. Council questioned the staff recommendations to Wapiti's Parks proposal in the report. Mr. Barnhart stated staff has not suggested a number of days that could be considered temporary but requested that the guest book be open for review by the city in order to verify that campers are moving through the grounds. He stated staff is open to suggestions regarding the number of daps allowed for temporary camping. Councilmember Gumphrey agreed with staff's recommendations in the report. Councilmember Westgaard questioned if staff was proposing that no storage shed be allowed on any campsite or whether one storage shed no larger than 80 feet shall be allowed on each site. Attorney Beck stated staff is recommending no storage shed. He stated he had a very productive meeting with Wapiti's attorney and noted they have been working very well with the city. He stated it would be appropriate to give Wapiti Park an opportunity to speak and address some of the issues and for the dty to get feedback from them. He noted Wapiti . City Council Minutes April 4, 2012 Page 3 Park's attorney brought to his attention that the Council may have approved 120 square foot • storage sheds back in .1998 Adam Katz, attorney for Wapiti Park -Stated concerns for Conditions Number 4 and 5 regarding storage sheds and structures attached to camping vehicles. He stated these were new conditions added by staff since their last meeting. He stated the Council gave Wapiti permission to build 120 square foot storage sheds and vestibules on each campsite back in 1998. He stated Council talks about the safety and well-being of people but yet they don't want to allow insulation to be put on campers for those who do winter camping. He stated his legal position is sound because Wapiti Park is a legal non-conforming use and the city can't regulate non-conforming uses for an Interim Use Permit. He stated Wapiti Park has done what was asked of them but they're willing to try and work out a better proposal. Mr. Katz stated it is typical for campers to leave their equipment at sites and to come back to them. He stated it was a legitimate request by the city to-allow review of the guest book. He stated Wapiti Park can't and shouldn't be expected to police the area for license compliance and doesn't see where his client would be required by state law to check them. He stated the MN Department of Health has never withheld a license from Wapiti Park. He noted in his original proposal he incorrectly stated 80 square feet for vestibules and storage sheds. Attorney Beck stated staff has a partial copy of some 1998 Council minutes provided by Mr. Katz regarding the storage sheds but that further review would be needed. He stated the minutes discuss staffs recommendations but not whether they were adopted by Council as recommended. He stated the staff recommendation says breezeways and screen porches are allowed but they have to be portable, not connected to the recreational vehicle, and have quick disconnect utilities. Councilmember Zerwas stated the structures on Wapiti Park recreational vehicles don't look quick disconnect. Attorney Beck stated there were numerous other conditions mentioned in the minutes, including that no licensed or inoperable vehicles are allowed. He stated the unlicensed vehicles came to staff's attention because they are being taxed as mobile homes, which is a concern because this is not a mobile home park and doesn't meet any state or city requirements of a mobile home park. Mayor Dietz questioned if staff's recommendation for Condition Number 4 and 5 (regarding storage sheds and structures attached to camping vehicles) would need further review. Attorney Beck stated the prior approval should be given some weight, but whether the current situation at Wapiti Park varies enough from the conditions in the minutes and what a typical RV screen enclosure would be, are for Council to discuss and to provide feedback on so staff can come back with a more firm recommendation. Mayor Dietz requested to know how many camping spots there are and how many storage sheds are on the sites. Mx. Katz stated he was unsure but could provide the information. It was indicated that there map be less than a dozen storage sheds. Councilmember Westgaard stated he would like more details about the 1998 Council decision. He would like to reach an agreement that both parties would be agreeable to. He stated Condition Number 3 regarding licensed, operable vehicles was important and that City Council Minutes Apri14, 2011 Page 4 common language is needed to ensure that the property is being used as a recreational campground and not a mobile home development. • Mr. Katz stated Conditions Number 1 and 2 should address the recreational campground issues. He stated he is open to cleaning up the language but wanted no unreasonable burdens placed on his client. Councilmember Gumphrey concurred with Councilmember Westgaard and stated it is clear from the photos that Wapiti Park is not operating as a campground and is unacceptable. Councilmember Motin agreed. He stated the applicant is running a mobile home park and stated thatguest books are easily doctored. He suggested limiting camping to 180 days. He stated the owner has not been policing Wapiti and this will be a nightmare for enforcement by the city. He stated he would be fine with staffs recommendations with the exception of looking at the storage shed issue. Councilmember Zerwas concurred with Councilmember Motin and further agreed with the 180 days. He stated the vehicles need to be licensed and registered. He stated fixed sewage lines are not acceptable. Attorney Beck clarified the direction from Council. He noted the consumption and display permit for Wapiti expired in March and outlined the options for Council to consider. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO EXTEND THE INTERIM USE PERMIT, CASE NO. CU 10-16 FOR THE WAPITI PARE STORE BUILDING TO APRIL 18, 2011. MOTION CARRIED 5-0. Council opted to take no action on the Consumption and Display permit at tonight's meeting but asked that it be brought back for discussion on April 18, 2011. 5.2. Ordinance Amending Section 26-40 of the Citv Code Regarding Tobacco Product Shops Ms. Allard presented the staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 11-02 AMENDING SECTION 26-40 OF THE CITY OF ELK RIVER CODE OF ORDINANCES REGARDING TOBACCO PRODUCTS SHOPS. MOTION CARRIED 5-0. 5.3. Cpnsider Tobacco License for Omar Wazwaz DBA/Smokes 4 Less Inc Ms. Allard presented the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE A TOBACCO LICENSE TO SMOKES 4 LESS, INC, OMAR WAZWAZ TO DECEMBER 31, 2011 WITH THE FOLLOWING CONDITIONS: 1. NO SMOKING SHALL BE ALLOWED IN THE TOBACCO PRODUCT • SHOP. REQUEST FOR ACTION TO ITEM NUMBER Ci Council 5.1.B. / 5.1.C. AGENDA SECTION MEETING DATE PREPARED BY Administration Aril 4, 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 fox this item is attached. ATTACHMENTS ^ Staff report from March 21, 2011 Council meeting ACt1011 Motion by Second by Vote Follow Up N:\Public Bodies\City Council\Council RCA\Licensing\Liquor\2011\Wapititi Direct from CC 040411.doc °` REQUEST FOR ACTION River TO ITEM NUMBER Cl COLIriCll S.I.A. AGENDA SECTION MEETING DATE PREPARED BY Administration Aril 4, 2011 erem Barnhart, P 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 April 4 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 staff s 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 Match 30, 2011. In brief their proposal: 1. 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\Citp Council\Council RCA\Agenda Packet\0404-2011\Wapiti IUP.do« 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 ob}ect, 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: 1. 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\CounciI RCA\Agenda Packet\0404-2011\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 maybe located on any campsite. 5. No structures may be attached to auy 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 i~ ! ~i _ ~ _ ~' AYZATA lAW C. R(1Gr•P,:11;(3: 1907 EAST WAYLATA RLVU }E}!TE 1Ff! WAYfgTA„ MlNNESC)T;1 i:t'39.i _ ,...rE-: *}x;? , i?S . in2 Fix. ~s;:! . 3'Ci .:t,17 IiSTE'N •~Tlil!4K -AEtVOC'ATf ~.Gtll[)F ~~lM~$~~`i.~at~liV 1~SacetT D~~~:: ~52.475:4Q87 r-Wit;..: jrobin~T+vayzatalawgroup.cam March. 30.2011 CIA [I.S. lTl lvlayar Dietz and City Council Members City Hall 13065 Urono l'~.rkuray filk River, MN 5533ft: Re: Wapiti Park Cam~rouuds, Inc.. To: Mayor Dieu cY~ Cf~uncilpersons of Elk River= I cv~rite an behalf of Wapiti Park Gampgraluricl;. Tnc., Juarsita Glenn and I,tx'aine White with a proposal to resolve issues in dispute with respect to the application for rene~~tal of the NP for the camp store. `Ivry clients have submitted a Manure 1vlatta#en~ent Pfau slid 1.}ebrs_ Management Plait- to city staff We believe-that each: of the plans will be approved by city staff as acceptable:. Wapiti has- retained the services. of S-P Testing :Inc., a licensed ISTS on-site. sewage treatmt: dc:si.gner; to test and verify -that the an-site :septic system .is fully functional. 'and :is designeel to be functianai year round. Wapiti has corripleted the file repair -which wad the subject of the only c~utslandni;, lYlir~rtesata lealth Depardnent violation. Kent Johnson, the MD~-I inspector, l~s informed me that he will: verify the repair during his annual inspection in August, (See attached lettcr'from,lvir. Johnsan~ Wapiti certifies that it is in earnpfihnce with all relevant conditions of the 1484 Gonditionai Use: Perrnit and wefcornes inspection and verfieations of same by city staff cTr council.. members. IE the City would renew the lUP far tfie building aadits use #or a period extending as long as the catrtpgrouncl has status as either a legal, conditional use or legal, noncanfoa~rning use, '4~apiti wilt amend its rules governing alt .campers to include the following pravisionsa: 1. Gatnpers may not use Wapiti 1'arl: tc~r mare than 360 consecutive day~::Campers who have stayed at the campground .for 330 consecutive days will. ,receive. notice from Wapiti of -the camper's obligation to vacate the campgrorznd 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, 3. AlI camping vehicles mzt~t comply with :the definition of "recreational camping vehicles" provided in hlinnesnta statutes, Section 327.14;: 4. t)ne storage shed nn larger that 80 square feet maybe maintained an each campsite;:. .and.. 5. Vestibules. ~ urger than $Q square feet shall be perrriitted. We believe this proposal adequately addresses the City"s concerrts while allowing ~~piti the autonomy to continue to operate its campground 'as_ it so desires,. We would hope that-this offer could be favorably:dealt with at the April 4 Council 1V[e~ting Very Truly Yours, Wayzata Law Group, LL.C lsC James Cr. h'.obrn James G. Robin JGRlack ^ ` „~ } ~.~. ..~ r~ ~IC~Ii~ S~~'~'C pEp~ •~~ .is ~' ~rwq~~.x~.« ~~ ~ ~, s ~~ ~» :~ ~_ Y~~ y~! ;. s '": "' :~:~, r .~ " z 4 ,..<...... !c ~ ~'i ~ ~~ ~i~a~r~-parch additicr~ ~,, ,..~ ,~. ~~,~ ... :'~~ ~»sF'I.. ~~t~ Insulation example -- rz :K ~, sM~ %' ~; ~ is ..y :~- 3~ - i .....Y~ 7 r IVV YT 7'CiG ls~ Twp a~diti~ns ~.3" .. ~~t~"~ examples pf a~cepta~i~ ~wriin~ anti 5~reen -.,.~;., ~: ... ~~~ ~. ~. = r .: . Y_y~ ~ ~»- I i~ _ ~. ..a ~ ~ °• ~ <s '~ .Sim '~ City Council Minutes April 18, 2011 Page 3 Mr. Schrieber stated he is willing to work with the city but at this time, he didn't want to commit to a spedfic location of the easement until the entire trail plan had been completed on all the properties in the area. He also had concerns with who was liable for the trail and who will maintain the trail. There being no one else to speak, Mayor Dietz closed the public hearing. After some discussion, Counal agreed to remove condition #4 from the CUP. Revisions were made to condition #8 in a language that was suitable for both the property owner and the City. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE REQUEST BY BRIGGS PROPERTIES FOR CONDITIONAL USE PERMIT, CASE NO. CU 11-07 FOR THE ELK RIVER LODGE HOTEL LOCATED AT 17432 YALE STREET WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES AS REQUIRED BY THE FIRE CHIEF. 3. NO EXPANSION IN THE NUMBER OF ROOMS IS PERMITED. 5. PARKING LOT SHALL BE STRIPED TO ACCOMMODATE AT LEAST 47 PARKING SPACES (1 PER ROOM PLUS 5 EMPLOYEES). 6. BUILDING SHALL BE CONNECTED TO CITY WATER AND ANY ONSITE WELLS CAPPED AND ABANDONED. 7. ALL SIGNAGE SHALL COMPLY WITH THE C-3 SIGNAGE REQUIREMENTS. 8. AN EASEMENT SHALL BE PROVIDED THROUGH THE PROPERTY WHEN REQUESTED BY THE CITY TO ACCOMMODATE THE FUTURE TRAIL ALONG THE RIVER ANTICIPATED BY THE 171 ST FOCUSED AREA STUDY. SAID TRAIL SHALL BE ALONG THE SOUTHERN PROPERTY LINE AND THE EASTERN EDGE OF THE FLOODPLAIN OR OTHERWISE BE IN A MUTUALLY AGREED UPON LOCATION, AGREED UPON BY THE PARTIES, TARING INTO ACCOUNT THE REASONABLE NEEDS OF THE OWNER. MOTION CARRIED 5-0. 5.2.A. Interim Use Permit for the Store Building at Wapiti Park, Case No. 10-16 -Public Hearing Mr. Barnhart reviewed that staff had been directed to work with Wapiti's legal representatives to work out agreements over the issues outlined in the staff report. Mr. Beck had drafted an agreement and presented it to Wapiti's attorneys. Mr. Barnhart handed out a fax he had received late in the day from Wapiti's attorney, Adam Kaatz, stating the proposed conditions outlined in the agreement were unreasonable and that they were declining to agree with the conditions. Mr. Barnhart requested the council either recommend approval of the Interim Use Pernut (IUP), or deny the IUP and provide direction on whether to commence revocation proceedings on the Conditional Use Permit (CUP). • City Council Minutes April 18, 2011 Page 4 Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor • Dietz closed the public hearing. Mr. Beck stated he was hopeful that he had worked this out with Wapiti Park. He noted that the IUP could be approved or denied. A resolution of denial included in the staff report and that was drafted earlier in the year, would require some updates as the manure management plan and debris management plan have been received; however, Wapiti still hasn't submitted the required septic inspection report. Mr. Beck asked Council to give staff direction on whether to proceed with the revocation process for the CUP if the IUP is denied. It was the consensus of the council to deny the Interim Use Permit and to commence revocation proceedings on the Conditional Use Permit. The resolution listed in the staff report was amended to remove items 3 and 4 from the Findings of Fact, page 3, item 17, as the manure and debris management plans have been submitted to the City. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 11-17 DENYING THE INTERIM USE PERMIT FOR THE STORE BUILDING AT WAPITI PARK CAMPGROUND. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO PROCEED WITH THE REVOCATION PROCESS FOR THE CONDITIONAL USE PERMIT FOR WAPITI PARK CAMPGROUND. MOTION CARRIED 5-0. 5.2.B. Consider Wapiti Park Campground. Inc. Liquor Licenses Mr. Beck stated that since the store building is an illegal and non-conforming use and the Interim Use Permit was denied, he suggested staff prepare a resolution of denial of the consumption and display permit, as well as the 3.2. percent malt on and off sale licenses. Council directed staff to prepare such resolution and present at a future meeting. 5.3. Reduest b~C_,raig Willey for a Conditional Use Permit for a Residential Use in the C-2_ Zonin~District. Case No. CU 11-05 -Public Hearing Mr. Barnhart stated the applicant has withdrawn his request for a CUP but since a public hearing had been advertised, council needed to open and close the public hearing. Mayor Dietz opened the public hearing. 'There being no one to speak to this issue, Mayor Dietz closed the public hearing. 5.4. Reou_r est by Larry Hickman for Resolution Agprovin~ Easement Vacation Case No EV 11- 01-Public Hearing Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 11-18 FOR VACATING A DRAINAGE AND UTILITY EASEMENT, CASE NO. EV 1101. REQUEST FOR ACTION TO ITEM NUMBER Ci Council 5.2.A. AGENDA SECTION MEETING DATE PREPARED BY Communi Develo ment Aril 18, 2011 erem Barnhart, Plannin Mana r 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 A. Staff recommends approval of the IUP, subject to agreement from Wapiti Park and the adoption of the resolurion and agreement as drafted; or B. If there is no agreement with Wapiti Park, Council can either approve the IUP, or deny the IUP and provide direction on whether to commence revocation proceedings on the Conditional Use Permit. BACKGROUNDJDISCUSSION On April 4, 2011, the City Council directed the city attorney to work with Wapiti Park on the refinement of a plan to address the issues identified by the Council previously. With that direction, the city attorney has prepared an agreement for Wapiti Park's signature. This agreement is based on the approval history of Wapiti Park, previously incorporated conditions, and state regulations. This draft agreement was forwarded to Wapiti Park on Wednesday, April 12, 2011. Based on the city attorney's conversation with Wapiti's attorney on Friday, it appears that they are not in a position to sign the agreement. If Wapiti Park is not in agreement, the Council should decide whether to grant the IUP for the store building and provide direction on whether to commence revocation of the CUP for the campground. Attached is the January 18, 2011 resolution for denial and findings of fact. It is attached for reference. With Council direction, staff will make appropriate modifications for signature. Further details will be provided at the Council meeting on Monday. FINANCIAL IMPACT None ATTACHMENTS ^ Resolution and agreement N:\Yubiic Bodies\City Council\Council RCA\Agenda Racket\04-15-2011 \Wapiti.docx ^ January 18, 2011 Resolutton for Dezlial ^ Debris Management Plan dated March 31, 2011 ^ Manure Management Plan dated March 31, 2011 Action Motion by Second by Vote Foltow Up N:\Pub6c Bodies\City Council\Couna! RCA\Agenda Packet\0418-X11\Wapiti.docx Resolution No. City Council City of Elk River A Resolution of the City of Elk River Approving an Agreement for the Issuance of an Interim Use Permit for the Store Building at Wapiti Park Campgroand 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-l/Agricultural to R- 1b/Single Family Residential, and the Elk River Zoning Ordinance was amended to allow campgrounds in the R-lb 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 198$, 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 1998, the Conditional Use Permit for Wapiti Park was clarified, with the cooperation of the owner of Wapiti Park, and a notice was sent to campers setting forth requirements for campers at the Park. 6. In 1999, the Wapiti Park Campground store building burned completely down. At that time, the Elk River Zoning Ordinance did not allow the reconstruction of a non- conforming use destroyed beyond 50%. 7. 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. 8. The 10 year Interim Use Permit approved in April, 2000 for the Wapiti Park Campground store building expired in April, 2010. 9. Wapiti Park Campground, Inc. applied for a new Interim Use Permit for the store building, for an additional 10 years, in June, 2010. 10. 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 NP would terminate on January 1, 2011, unless certain conditions set forth on the resolution of approval were addressed. 11. 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 Counci! consideration regarding the IUP. 12. On March 30, 2011, Wapiti Park Campground, inc. submitted a letter to the City Council setting forth their intent to comply with the conditions set forth in the City Council's August 2, 2010 application of an IUP. 13. Wapiti Park subsequently agreed to enter into an Agreement for issuance of an to clarify and set 14. Wapiti Pazk has agreed to the "Agreement for Issuance of an Interim Use Permit for the Store Building at Wapiti Park Campground" attached as Exhibit A to this resolution. Record 1'he 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, Inc. 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, the record in this matter and the conditions set forth in the "Agreement for Issuance of an Interim Use Permit for the Store Building at Wapiti Park Campground" attached as Exhibit A to this Resolution, the City Council of the City of Elk River approves an Interim Use Permit for the store building at Wapiti Pazk Campground subject to the conditions set forth in the Agreement attached as Exhibit A, and subject to Wapiti Park Campground, Inc. executing and recording the Agreement attached as Exhibit A to this Resolution. The Interim Use Permit for the Store Building shall not take effect unless and until Wapiti Park Campground, Inc. executes and records the Agreement attached as Exhibit A to this Resolution. if the Agreement has not been executed within 10 days of adoption of this Resolution, City staff is directed to bring back to the City Council a resolution of denial of the Interim Use Permit. THIS RESOLUTION PASSED AND ADOPTED this 18th day of April, 2011. John J. Dietz, Mayor ana A ar , rty er GP:2457449 v2 Exhibit A Agreement for Issuance of an Interim Use Permit for the Store Baildint at Waniti Park Caron round This "Agreement for Issuance of an Interim Use Permit for the Store Building at Wapiti Park Campground" {"Agreement"} entered into this day of April, 2011 by and between Wapiti Park Campground, Inc. {"Wapiti") and the City of Elk River ("City"). Recitals 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 1998, the Conditional Use Permit for Wapiti Park was clarified, with the cooperation of the owner of Wapiti Park, and a notice was sent to campers setting forth requirements for campers at the Park. 6. 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%. 7. 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. 8. The 10 year Interim Use Permit approved in April, 2000 for the Wapiti Park Campground store building expired in April, 2010. 9. Wapiti Park Campground applied for a new Interim Use Permit for the store building, for an additional 10 years, in June, 2010. 10. The purpose of this Agreement is to set forth the conditions for approval of the Interim Use Permit for the store building at Wapiti Park Campground and the term of the Interim Use Permit. Apgroval By Resolution dated April 18, 2011, the City Council of the City of Elk River approved an Interim Use Permit for the store building at Wapiti Park Campground subject to the conditions set forth below and subject to Wapiti Park Campground, Inc. executing this Agreement. Agreement Wapiti Park Campground, Inc. and the City of Elk River hereby agree to the conditions set forth below: Conditions 1. The Interim Use Permit for the store building at Wapiti Pazk Campground shall be valid for so long as the Wapiti Park Campground is a legal use. 2. Wapiti Pazk Campground is currently a legal, non-conforming use and shall remain a legal use so long as: a} Wapiti Park Campground is licensed by the State of Minnesota as a recreational camping area pursuant to Minnesota Statutes, Chapter 327. i) Wapiti Park shall annually submit evidence to the City that it has renewed its license as provided in Chapter 327 and is in full compliance with all requirements and conditions for approval and renewal of the license as set forth by the Minnesota Department of Health. b) Wapiti Pazk allows only camping vehicles which comply with the definition of "recreational camping vehicle" set forth in Minnesota Statutes, Section 327.14. c) All vehicles in the campground, including all recreational camping vehicles, shall be operable and licensed as vehicles or camping vehicles at all times. No more than two vehicles shall be allowed per site. d) There shall be na structures within the campground other than: i) The store building which is the subject of the Interim Use Permit. ii} The owner's home located at iii) The barn. iv) The bathhouse and restroom buildings. v} One screen porch or breezeway per site, not to exceed 120 square feet in roof area. These structures shall not be attached to the recreational vehicle and cannot contain built in wiring. Existing structures which do not comply with these requirements shall be brought into cornpliance by September 1, 2011. vi) One storage shed per site, not to exceed 120 square feet of roof area which must be temporarily anchored and no closer than 10 feet from a camping vehicle. Existing structures which do not comply with these requirements shall be brought into compliance by September 1, 2011. vii) Skirting is allowed, but wheels must be left on all vehicles at all times and no skirting or insulation shall be permanently attached to ve is es or the ground. vii) One dog kennel per site of 120 square feet or less. e) All structures in the floodplain, including breezeways, porches, sheds, kennels, and recreational vehicles, shall have only quick disconnect utilities and shall be constructed and/or maintained so that they can be removed from the floodplain within 6 hours of notice from the City in case of a pending flood. f) Na wood burning stoves shall be allowed in any vehicle or structure. g) The manure management plan dated , 2011 is complied with, ar a subsequent manure management plan is approved by the City of Elk River. h) The debris management plan dated , 2011 is complied with, ar a subsequent debris management plan is approved by the City of Elk River; i) The onsite septic system is fully functional. i) Wapiti shall have the onsite septic system tested by an MPCA licensed septic system inspector by May 15, 2011 and shall have the system visually inspected every two years thereafter, or such longer or shorter time as the city building inspector shall determine based on future test results. it) [f the onsite septic system fails an inspection it shall be brought into compliance within 6 months as certified by a licensed septic system inspector. iii) If the septic system is not in compliance within 6 months of an initial failed inspection, the store building and the campground shall close immediately and shall not reopen unless and until the septic system has been certified as fully functional. j) The number of campsites at the campgrounds shall be limited to 109, including na more than 20 tent sites. k) The hours of operation of the store building shall be 8 a.m. to 11 p.m.. 1} There shall be only minor maintenance and repair of camping vehicles owned or rented by campers at the campground; m) The store building shall be used primarily by campers at the campground; n) Campers shall not reside at the campground for more than 360 consecutive days and no camping vehicle shall remain in the campground for more than 3b0 consecutive days. i) Campers who have stayed at the campground for 330 consecutive days, or whose vehicle has been in the campground for 330 consecutive days, will receive notice from Wapiti of the campers obligation to vacate the campground before the expiration of 360 consecutive days of stay; ii) Wapiti will maintain a "guest book" that documents the date of each camper's check in and check out and shall provide the guest book to the City upon request to confirm compliance with the condition that campers and camping vehicles not use the campground far more 3. Wapiti Pazk Campground, Inc. and the City of Elk River agree that violation of any of the conditions set forth in this Agreement shall be cause for revocation of Wapiti Park Campground's conditional use permit and legal nonconforming use status, provided that such revocation may only occur pursuant to the procedures provided for in the Elk River City Code for revocation of a conditional use permit. 4. Wapiti Park Campground, Inc. and the City of Elk River agree that Wapiti Park Campground shall be a legal use for so long as the conditions set forth in this Agreement are complied with. WAPITI PARK CAMPGROUND, INC. Tina Allard, City Clerk By: CITY OF ELK RIVER John J. Dietz, Mayor C3P:2957469 v3 Resolution No. City Council City of Elk River A Resolution of the City of Elk River Regarding the Interim Use Permit far the Store Building at Wapiti Park Campgrnund 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-Ib 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-l b 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 (ILJP) 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, 201 I, unless certain conditions set forth on the resolution of approval were addressed. 10. On December 2q, 2010, the Elk River City Council extended the IUP for the Wapiti Park Campground store building to 3anuary 18, 20i i, and directed City staffto 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 defwed 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 Integra! 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, reCreatlan and Vacation" uses. i4. 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. 1 S. 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 Park 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 ar 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 flawing to or being deposited in the river. f. There are a number of public safety concerns regazding 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 approval 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 ar approved; 4. No debris management plan has been submitted or approved; 5. Na 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 came in to full compliance with conditions $ and 9 of its 19$4 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 Pazk 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. Record 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, 2011. John J. Dietz, Mayor Tina Allard, City Clerk GP:2414385 vl TO: City of Elk River Nicki Blake-Bradley, Environmental Division FROM: Wapiti Park Campgrounds, Inc. Juanita Glenn l 8746 Troy Street Elk River, MN 55330 RE: Debris Management Plan for Wapiti Park Campgrounds, Inc. DATE: March 31, 2011 Overview: Wapiti Park Campgrounds, Inc. ("Wapiti"} is a' recreational campground with 109 campsites and 20 tent sites. Wapiti also has a building that it uses as an office, laundry, restaurant and bar. Wapiti has five (5) garbage receptors (two 6 yard receptors and three 4 yard receptors) located next to the building and throughout the property. The receptors are serviced once a week by ACE Solid Waste, Inc. Campers are responsible for disposing of their trash in one of the five receptors. Rules: Wapiti shall amend the rules that it provides to every camper to include the fallowing: "Wapiti Park requires all campers maintain their campsite in a manner that complies with Elk River city ordinances and Minnesota State Law. Campers are prohibited from: 1. Burning any waste or garbage materials including, but not limited to, treated lumber and tares; 2. Stockpiling either white (appliances) or brown (electronics) goods; 3. Littering; 4. Burying or depositing waster in the river or floodplaan areas; 5. Dumping hazardous wastes including, but not limited to, vehicle fluids, filters, pesticides and herbicides; 6. Disposing of tires in garbage waste receptors; 7. Improperly storing propane tanks; 8. Disposing of vehicle batteries in garbage waste receptors; and 9. Disposing of construction or demolition debris in garbage waste receptors. Campers found to be in violation of any of the above referenced rules shall be subject to the following: 1. First Offense: Warning from Wapiti Park staff; 2. Second Offense: Fine in the amount of $25.00; 3. Third Offense: Fine in the amount of $100.00; and 4. Fourth Offense: Offender must vacate Wapiti Pazk within 24 hours and violations shall be reported to the appropriate authorities. In order to further maintain the cleanliness of Wapiti Park, each camper shall maintain their own refuse container on their corresponding campsite. Recycling is available at the Wapiti Park office." TO: City of Elk River Nicki Blake-Bradley, Environmental Division FROM: Wapiti Park Campgrounds, Inc. Juanita Glenn 18746 Troy Street Elk River, MN 55330 RE: Manure Management Plan for Wapiti Park Campgrounds, Inc. DATE: March 31, 2011 Overview: Wapiti Park Campgrounds, Inc. ("Wapiti") maintains horses and numerous other animals, including peacocks and chickens, on its property. The animals are centralized in an area of the property that includes a barn and pasture for the animals to roam freely. The animals are not allowed to wonder into camping areas. Wapiti staff scrapes the barn area as necessary and collects manure into compost piles within the barn area. Staff spreads the manure throughout the pasture where it incorporates into the soil. Neither the barn nor pasture is located near any file intakes or point sources that could be potentially contaminated by run-off. All manure shall be composted prior to placement on the pasture and be odorless, so as to not constitute a nuisance. Contingenc~Plan: Wapiti has devised the following contingency plan to dispose of excess manure that fails to reincorporate with the soil in the pasture. The transporting of any manure would be accomplished by placing all excess manure into industrial sized drums that are properly sealed prior to transport to one of the following destinations: 1. Wapiti has an agreement with Rick and Mike Bickman, owners of local farmland, to dispose of any excess manure on fields owned by them in Elk River, including those located at 14866 Highway 10, Elk River, MN 55330; and 2. Wapiti could also transport any excess manure to the Elk River landfill for disposal. REQUEST FOR ACTION TO ITEM NUMBER Ci Council 5.2.B. AGENDA SECTION MEETING DATE PREPARED BY Communi Develo ment Aril 18, 2011 Tina Allard, Ci Clerk ITEM DESCRIPTION REVIEWED By Consider Wapiti Park Campground, Inc. Liquor Licenses Lori ohnson, Ci Administrator REVIEWED BY ACTION REQUESTED Council direction on the following: Consr~mntron and .Dismay Permit 1. If Council approves the Interim Use Permit for Wapiti Park Campground, then Council motion to approve theix Consumption and Display Permit based on the foIlowing condition: o The Agreement for Issuance of an Interim Use Permit for the Store Building at Wapiti Park Campground has been executed within 10 days of adoption of Resolution 11- , A Resolution of the City of Elk River Approving an Agreement for the Issuance of an Interim Use Permit for the Store Building at Wapiti Park Campground, as adopted on April 18, 2011. 2. if Council would like to deny the Interim Use Permit and the Consumption and Display Permit, staff will need to prepare a resolution of denial fot consideration at a future meeting. 3. If Council wants to delay the decision, no action would be required tonight. 3.2. Percent Malt 4n and Ufl`'Sale Licenses 1. If Council approves the Interim Use Permit, then no action is needed on these items tonight. This item would come back to Council for consideration if the Agreement is not executed within 10 days. 2. If Council denies the Interim Use Permit, then direction is needed on how to proceed with these two licenses. BACKGROUND/DISCUSSION The Council approved Wapiti Park Campground's three liquor licenses contingent upon the conditions outlined in the attachment. Council decision will be based on the previous agenda item regarding the Interim Use Permit for the Store Building. N:\PubGc Bodies\City Council\Council RCA\liccnsing\Liquor\2Q17\Wapiti Direct from CC 041811.doc The 3.2 Percent Malt licenses expire June 30, 2011. Staff is i1x the process of working on liquor license renewals for all liquor establishments, including Wapiti Park. ATTACHMENTS ^ Staff report from March 21, 2011 Council meeting. ACtlOf1 Motian by Second by Vote FOIIOW Up N:\PubGc Bodies\Ciry Council\Council RCA\Lacensing\I,iquor\2011 \Wapiti Direct fr~n CC {14181 ].doc ~j ~ REQUEST FOR ACTION ~ ~~~' ~ ~~`~n River TO ITEM NUMBER Ci Council S.1.B. 5.1.C. AGENDA SECTION MEETING DATE PREPARED BY Common; Develo went March 21, 2011 Tina Allard, Ci Clerk ITEM DESCRIPTION REVIEWED B)I Direction on Whether to Initiate Revocation of Liquor Licenses Lori ohnson, Ci Administrator fox Wapiti Park Campground, Inc. REVIEWED BY Peter Beck, Ci Attorne ~TION REQUESTED Council direction on whether staff should move forward with the revocation process of the liquor licenses for Wapiti Park Campground, Inc. BACKGRQUND/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 one 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 fallowing conditions of the interim use permit being met. A. A veriSable plan has been approved by City Council that will ensure permanent residents wiII 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:\Pub3ic Bodies\City Council\Countil RCA\Licrnsing\Iaqunr~ZOlt\Wapib 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. A!1 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 Ciry 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; b. 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 rotes 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 axe implemented, staff will need to follow through with due process notice requirements and prepaxe 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:\Pubfic Bodies\Ciry Council\Council RCA\]acensing\Liquor\~Ott\Wapid Direu from CC-doc ~'~~~~ Resolution No. I I -17 ~ ~ ~ ~ ~~~ t • City Council City of Elk River A Resolution of the City of Elk River Regarding the Interim U the Store Building at Wapiti Park Campground Findings of Fact 1. Wapiti Park Campground has been located within the City of EIk 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- 1b/Single Family Residential, and the Elk River Zoning Ordinance was amended to allow campgrounds in the R-1b 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. i 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 fox a new Interim Use Permit for the store building, for an additiona110 years, in June, 2010. 9. On August 2, 2010 the Elk River City Council granted a 10 pear 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 termixiate on January 1, 2011, unless certain conditions set forth on the resolution of approval were addressed. • 10. On December 20, 2010, the Elk River CitS=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, requiting 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 fox the Wapiti Park 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; r~ ~~ • c. A number of the campers/residents are not at Wapiti Park solely fox 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 axe not intended fox 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 set forth in Resolution No. .dated 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 line 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 evidence has been submitted that Wapiti Park Campground is in compliance with all outstanding violations as identified by the state Department of Health inspector; 4. 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; 5. 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 Paxk Campground have the wheels removed and are being used as permanent residenry units. Therefore, Wapiti Park Campground is not in compliance with the requirements of its 1984 Conditional Use Permit. • Record The record in this matter shall include all of the materials submitted to the Pla.nnin • g 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 Paxk Campground has not complied with the conditions set forth in City Council Resolution No. _, adopted 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 RESOLliTION PASSED AND ADOPTED this 18th day of April, 2011. r` J hn D etz, M yor ~'~ ~.. ~ ~ f Tina Allard, ity Clerk GP:2914385 vl City Council Minutes Page 5 May 16, 2011 REGARDING THE CONSUMPTION AND DISPLAY PERMIT FOR WAPITI • PARK CAMPGROUND, INC./DBA WAPITI PARK CAMPGROUND. MOTION CARRIED 5-0. B. Direction on Liclnor Renewals Ms. Allard presented the staff report. Attorney Beck stated the conditional use permit revocation may be on the same agenda. Council consensus was to schedule the hearing for June 20, 2011. 7.2. Activity Center 501c3 Status Update Ms. Kostanshek presented the staff report. 7.3. Public Works Fleet Maintenance Project A. Construction Manager At-Risk Mr. Simon presented the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE CONTRACT WITH RJM CONSTRUCTION AS CONSTRUCTION MANAGER AT RISK, PENDING CITY ATTORNEY REVIEW OF THE CONTRACT. MOTION CARRIED 5-0. Council asked staff to pass on a thank you to John Mentor for his assistance in this process. B. approval of Quotes Received for the Hiring of a Commissioning Firm Mr. Simon presented Mr. Femrite's staff report. Mr. Simon explained in detail what commissioning involves. Council questioned if the city would receive any reports. Mr. Simon noted there would be a log and a final report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE QUOTE BY INSTITUTE FOR ENVIRONMENTAL SERVICES, INC. IN THE AMOUNT OF $19,000 FOR PROFFESSIONAL COMMISSIONING. SERVICES. MOTION CARRIED 5-0. 7.4. Compost Site Fee Update Mr. Hals presented the staff report. There was discussion on enforcement and monitoring. r~ ~J City Council Minutes May 16, 2011 Page 4 5. SAC/ WAC FEES MAY INCREASE, BASED ON THE REVIEW OF THE FINAL FLOOR PLAN. SUCH INCREASES, IF ANY, MUST BE PAID AT THE TIME OF BUILDING PERMIT. 6. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS, INCLUDING LANDSCAPING SHALL BE PROVIDED PRIOR TO THE RELEASING OF THE BUILDING PERMIT. MOTION CARRIED 5-0. 6.2. Recl eu st by Eagles Lodge for City Assistance to Abate Nuisance at PID 75-405-0940 Mr. Barnhart presented the staff report noting that a petition was received by the Eagles. He discussed the process and timeline. It was consensus of the Council to begin the process to abate the nuisances by demolition at 75-405-0940 and to assess the cost to the property owner. 6.3. Consider Sewer Access Charge and Water Access Charge Payment Program Ms. Mehelich presented the staff report. It was noted this payment program would only be available for full-service restaurants. Counalxnember Moon questioned if a future property owner would be responsible for the fees if the property was sold. Attorney Beck stated yes but noted it would be more difficult if the property owner is different than the business owner. He stated the city would require cooperation o£ the property owner to assess any unpaid amount to his property. Otherwise the city would not want to enter into the payment program. Mayor Dietz questioned if the Coundl wanted to see each request. Council consensus was no. Mr. Simon noted there will be a review process in place and a subcommittee would make the decision. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE PAYMENT PROGRAM FOR CITY SEWER ACCESS CHARGES AND ELg RIVER MUNICIPAL WATER ACCESS CHARGES FOR FULL SERVICE RESTAURANTS. MOTION CARRIED 5-0. 7.1. Wapiti Park Campground, Inc. A.. Resolution Regarding Consumption and Display, Pernut Ms. Allard presented the staff report. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 11-26 ilk REQUEST FOR ACTION River TO ITEM NUMBER Ci Council 7.1.A. AGENDA SECTION MEETING DATE PREPARED BY Administration Ma 16, 2011 Tina Allard, Ci Clerk ITEM DESCRIPTION REVIEWED By 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\Counal, RCA\Licensinp,\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 City 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 City 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 City 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 1. 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\City Council\Resoludons\Wapiti Con Disp Res 051G1 l.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, 2010, 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. 6. 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 Apri14, 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 Cade 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 for Wapiti Park Campground: N:\Public Bodies\Ciry Council\Resolutions\Wapiti Con Disp Res 051G1 l.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 are 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 City Council of the City 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, City Clerk N:\Public Bodies\City Council\Resoludons\Wapiti Con Disp Res 051G11.doc Item 7.1.B. MEMORANDUM TO: City Council FROM: Tina Allard, City Clerk DATE: May I b, 20 I I SUBJECT: Direction on Liquor License Renewals for Wapiti Park Campground Liquor licenses are valid from July 1 to June 30 the following year. Renewals for all establishments are in process and are due to staff for review by today, Monday, May 16. Typically some establishments do not meet the deadline date for submitting their application materials. Staff can provide an update as to whether Wapiti has submitted renewal applications for their liquor licenses at tonight's meeting. If Wapiti submits renewal applications, staff would like direction from Council on how to proceed. If Council wishes to consider denial of the license renewals, staff would recommend scheduling a hearing for the Monday, June 20 Council meeting to ensure that Wapiti Park Campground is provided an opportunity to be heard on the matter. N:\Pubfic Bodies\City Council\Counpl RCA\Licensing\Liquor\2011\051G11 Wapit llirection on Renewal.doc ~~®~-~d J RESOLUTION I I - 26 6 ` ~ ~' `' ~ ~ t A RESOLUTION OF THE CITY OF ELK RIB A RESOLUTION REGARDING THE CONSUMPTION ~ PERMIT FOR WAPITI PARK CAMPGROUND, INC./DBE 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 fox a 10 pear 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 City 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 City of Elk River makes the following findings of fact and decision with. respect to the application of Lorraine White for a Consumption and DisplayPermit at Wapiti Park Campground, 18746 Troy Street. FINDINGS OF FACT 1. 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 O51G1l.doc 2. The applicant applied for a new Interim Use Permit for the store building, fox 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, 2010, 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. 6. 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 fox 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 for Wapiti Park Campground: N:\Public Bodies\Ciry Council\Resoluaons\Wapiri Con Disp Res 051611.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 are 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; £ 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 Pen~nit. DECISION 'Therefore, the City Council of the City 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`s dap of May 2011. `~. join J. ~Sietz, Ma ATTEST: ,~ ~"` r~ ~`~ Tina Allard, City Clerk N:\Public Bodies\City Counci]\Resoluaons\Wapid Con Disp Res O51G1l.doc City Council Minutes June 21, 2010 Page 6 Councilmember Zerwas stated this will help locate required infrastructure that must be planned such as service roads, overpasses, etc. He noted that much of the road infrastructure has been relocated to the city owned property. Council took a five minute recess at 8:20 p.m. 7.1. Reduest by_fL,orraine ~XThitel Z~'aniti Park Campground Inc. for 3.2. Percent On and Offsale Malt Liquor Licenses Ms. Allard presented the staff report. Ms. Allard noted that Ms. White submitted an application late today for a conditional use permit and the earliest it could come to Council for consideration is July 19. Jaunita Glen, representing the applicant -Stated she has power of attorney for 1\~Ts. White. She stated she didn't know the Interim Use Permit expired. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 10-31 DENYING A 3.2. PERCENT ONSALE MALT LIQUOR LICENSE AND A 3.2 PERCENT OFFSALE MALT LIQUOR LICENSE TO WAPITI PARK CAMPGROUND, INC./DBA WAPITI PARK CAMPGROUND AND THAT ADDITIONAL FEES TO RE-APPLY IN JULY BE WAIVED. MOTION CARRIED 5-0. 6. 2009 State of the City/Annual Report The 2009 State of the City/Annual Report was presented. 5.4. Spending Plan for Tax Increment Financin~District No. 16 -Public Heating Ms. Mehelich presented the staff report. Mayor I{linzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 10-32 APPROVING A SPENDING PLAN FOR TAX INCREMENT FINANCING DISTRICT N0.16. WITH THE FOLLOWING CHANGE TO SECTION II. (B) CLASS I RESTAURANTS °~ A r T L` A CT' CIl CL' A rrC MOTION CARRIED 5-O. 5.5. An Ordinance of the City of Elk River Amending the Elk River Zoning Ordinance to Add New Section 30-1600, 1601. 1602 Providing the Creation of the Mixed Use Elk River Plaza Zoning District, Case No. OA 10-06 -Public Hearing 5.6. An Ordinance of the City of Elk River Zoning Certain Property into the Mixed Use Elk River Plaza Zoning District. Case No. ZC 10-03 -Public Hearing Mr. Leeseberg presented the staff reports for both of these items. t • Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klitizing closed the public hearing. /~ ~~ :_~. t..~~ ~~~~ ~® ~te~, ~u~~er Cl T COUi1C]I Agenda Section meeting date Pa-epared by Administration June 21, 2010 Tina Allard, Ci T Clerk Item ~esc~i~tian reviewed by Request by (Lorraine White) Wapiti Park Campground, Inc. Lori Johnson, Ci ~ Adiniiustrator ® 3.2. Percent Onsale Malt Liquor License reviewed by ® 3.2. Percent Offsale Malt Li uor License Action requested Staff recommends denial of a 3.2. Percent Onsale Malt Liquor and a 3.2. Percent Offsale Malt Liquor license to Wapiti Park Campground, Inc. aclcgraundliscussion Council adopted a resolution denying a Consumption and Display Permit to Wapiti Park Campground on May 17, 2010 based on expiration of an Interim Use Permit (IUP) for a building that houses a bar. Information on the denial and IUP is attached. The use of the building for the on and off sale of liquor is illegal and staff is recorninending denial of Wapiti's 3.2 Percent On and Offsale Malt Liquor licenses. Attachments ® Resolution for Denial ® May 17, 2010 Staff Report ACtIOn il~fotion by Second Uy ~?ore ~®~EEDw ~~ N:\Public BorJics\City (;council\Ccxincil RC;1\l.iccnsing\l.iqunr\2010\W~piti 3.2 OnOff ].iccnscs.doc ~~~~~u~~~~ t a-~ ~ r~~S~~v°t-t~~ ~~ ~~~ C[~~ ~~ ~L~ ~~~r~~ ~. ~tES~Lt~I'[~ E3~~Ytt~C~ A 3.2 ~'E1~C1~1°~T C)~Sp-~E [°~A6~~ ~6~~~1~ ~[CE1~SE ~.~13 ~ 3.2 P~~C~~T' ~FFSA~E [~AL~ ~1~~J~~ E~~C~~S~ °;~` API's! PA~~C CAME'~ROU[~~, ~t~lC.(~13A l~JA~'~°fl ~A~~ CAI~IPEifi~Ul~~ 'FI~~EAS, Lorraine White, Wapiti Park Campground, Inc.,("Applicant"), has applied for a 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License ("Licenses"); and la$E~€E,~S, the City Council considered the application for the Licenses on )une 21, 2010, at which time the Applicant and all others wishing to speak were given an .opportunity to present testimony to the City Council; and FfEI;~AS, the City Council, at the conclusion of its discussion of the Applicant's request on June 21, 2010, made findings regarding the Application. ~~/, 'T`I~E1~I;F~I~E, the City Council of the City of Ells River makes the following findings of fact and decision with respect to the application of Lorraine White fora 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License at Wapiti Park Campground, 18746 Troy Stxeet. F16rll~l4`~f~ C?F FACT Lorraine White was issued an Interim Use Pernut (Case No. CU 00-6) on April 17, 2000, that allowed for the construction and operation of a building housing a laundry, bar, and offices that could be used by campers. This building is used for the on and off sale o£ 3.2 percent malt 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. 2. The Interim Use Permit expired April 17, 2010 and Lorraine White has not sought renewal of the Interim Use Permit. The use of the building for the on and off sale of 3.2 percent malt liquor is therefore illegal. 3. A license for the on and off sale of 3.2 percent malt liquor can not be issued to a building which is being operated illegally, DECISfON The City Council of the City of Elk River hereby denies the Application fora 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License for Lorraine 5:\VubGc Hodies\C:ouncil\Resolutions\Waniti Denial ~.doc White, Wapiti Parr Campground, Tnc, 18746 Troy Street, based on the finding of fact set forth above. Passed and adopted' this 215` day of June 2010. -- r Steph nie l~lirzing, or ATTES.~ . ,% V' i Tina Allard, City Clerli ~..~:.' a,IA~k. S.\Pu6lic Bodies\C:ouncil\Resoiutions\WapiU Denial2.dae ~ES~E.I.~~l~l I ~~ 2Q .°~ I•€ES~~~TI~~ ~ `I°E°IE ~I'~~ ~ Elegy RISER I~ESIvE1"f°I~ E?EB~~I~G ~ ~E~I~ISt~I~IP°I'I~~al I~ISPi~~ FERI`I° ~" ~-PIl"I P~I~IC ~~I~°IP~R~l31~~, ICI. I~~A ~~I~'I PRIG ~ PR~Il~I® hiEI~E~S, the City of Elk River has received an application for renewal of a Consumption and Display Permit from Wapiti Park Campground, Inc., d/b/a Wapiti Park Campground; and °I-IERE~iS, property owner Lorraine White had an Interim Use Permit (Case No. CU 00- 6) that allowed for the construction and operation of a building housing a laundry, bar, and offices that coL~.ld be used by campers; and IiEI~E~S, the Interim Use Permit was valid for ten years, until the property redeveloped, or until ownership of the property was transferred: whichever happened first; and MERE~S, during a review of the Consumption and Display application the City of Elk River determined that the Interim Use Permit for this property expired on April 17, 2010; and I°~EI~EAS, property owner Lorraine White hasn't requested a renewal of the Interim Use Permit. IV~~/, ~°FIEREF®I;LE, ~E 11° FtES~I„VE® by the Ciry Council. of the City of Elk River, Minnesota as follows: 1. The application from Lorraine White for a Consumption and Display Permit is denied. Passed and adopted this 17`h day of May 2010. Steph ie KJinzing, Ma ATTEST: ~ , ~~ ,~ ~~ Tina Allard, City Clerlc S:\Public (3odies\Council\Rr~oluticros\Wapiti Denial.doc ~tt~cFtrvtents ® Resolution for Denial ® August 17, 1998 Staff Report and Minutes ® April 12, 2000 Staff Report and Minutes ^ Interim Use Permit ~C~[E?€1 ~~Iotion by Second by Vote ~O~EOlA/ ~p N:\Public Bodics\Cit}~ Council\Counci] RCA\],iccnsing\],iyuor\2010\Wapiti CD Memo.doc Elk REQUEST FOR ACTION River To Item Number Ci Council 6.3. Agenda Section Meeting Date Prepared by Administration Ma 17, 2010 Tina Allard, Ci Clerk Item Description Reviewed by Consumption and Display Permit Renewal -Wapiti Park Lori ohnson, Ci Administrator Campground, Inc. Reviewed by Action Requested Staff recommends denial of the Consumption and Display permit to Wapiti Park. Campground by resolution Background/Discussion Wapiti Park Campground, 19746 Troy Street NW, is requesting renewal of their Consumption and Display (C&D) permit. A C&D permit is issued by the State of Minnesota but requires City Council approval prior to its issuance. The permit expired on March 31, 2010. The City received the request for approval from the applicant in April. A C&D permit authorizes an establishment to serve liquids for the purpose of mixing with liquor that is brought in by a customer (commonly known as setups). The permit does not authorize .the sale of intoxicating liquor. In reviewing the applicant's request for this permit, staff determined that the Interim Use Permit (IUP) for this property expired on April 17, 2010. An NP for the construction and operation of the main building housing the laundry, bar, and offices was approved in April 2000. The IUP was to expire upon 10 years, upon redevelopment, or when ownership of the property transferred, whichever happened first. A letter was delivered to the applicant notifying them they needed to immediately stop the consumption and display of intoxicating liquor on the grounds that there is no C&D permit. The applicant was notified that staff would be recommending denial of the permit request because the interim use permit has expired and they could attend tonight's meeting to voice any comments. Wapiti currently holds valid 3.2 Percent On and Offsale Malt Liquor licenses which are set to expire on June 30, 2010. The applicant was notified that staff would be recommending denial of these two licenses, based on the same grounds noted above, at the June 21, 2010 meeting. They were also notified that they could seek renewal of their IUP by contacting the Planning Division. S:\Public Bodies\Council\Council RCA\Licensing\Liquoi\2010\Wapiti CD Memo.doc Attachments ^ Resolution for Denial ^ August 17, 1998 Staff Report and Minutes ^ April 12, 2000 Staff Report and Minutes ^ Interim.Use Pexmit Action Motion by Second by Vote Follow Up S:\Public Bodies\Council\Council RCA\Licensing\1.iquor\2010\Wapiri CD Memo.doc RESOLUTION 10- A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION DENYING A CONSUMPTION AND DISPLAY PERMIT TO WAPITI PARK CAMPGROUND, INC. DBA WAPITI PARK CAMPGROUND WHEREAS, the City of Elk River has received an application for renewal of a Consumption and Display Pernut from Wapiti Park Campground, Inc., d/b/a Wapiti Park Campground; and WHEREAS, property owner Lorraine White had an Interim Use Permit (Case No. CU 00- 6) that allowed for the construction and operation of a building housing a laundry, bar, and offices that could be used by campers; and WHEREAS, the Interim Use Permit was valid for ten years, until the property. redeveloped, or until ownership of the property was transferred: whichever happened first; and WHEREAS, during a review of the Consumption and Display application the City of Elk River determined that the Interim Use Permit for this property expired on April 17, 2010; and WHEREAS, property owner Lorraine White hasn't requested a renewal of the Interim Use Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk Rivex, Minnesota as follows: 1. The application from Lorraine White for a Consumption and Display Permit is denied. Passed and adopted this 17~' day of May 2010. Stephanie Klinzing, Mayor ATTEST: Tina Allard, City Clerk S:\Public Bodies\Council\Resolutions\Wapiti llenial.doc r ~~.1 ( C~~jjity o11f~~~ L~.S).1 ~ R~v~r BACKGROUND -i ~ ITEM 4.2. MEMORANDUM TO: CITY. COUNCIL . FROM: STEPHEN ROHLF, BUiLDING'AND ZONING ADMINISTRATOR DATE: AUGUST 17,1998 ~ ~- SUBJECT: WAPITI PARK CAMPGROUND :~- 1983- _ _ . _ , . - ~ . ~ - The Wapiti Pazk property was rezoned from A-1/Agriculatural to R-Ib/Single Family residential in 1983. An ordinance amendment was also passed to a11ow campgrounds as a conditional use in the R-Ib Zone. Wapiti Park became anon-conforming use.because it had not gone through the conditional use process .(assumed legally grandfathered-in): 11!larch 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 mad agreement for Troy Street. Troy is not a city street in this location. • Maximum number of campsites is 109 and an additional 20 tent sites, not to be expanded.. • Hours of operation aze 8:00 a.m. to 1 I:00 p.m.. • Only Honor repairs can be done to recreational vehicles only. • • Store and restaurant aze 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 aclanowledged by the City Council that seasonal and monthly constcvction workers stay at the campground. Licenses were issued for the followins~• Non-intoxicating malt liquor (3.2 beer) - on and off sate. Mechanical amusement devices (9 video games, 1 pinball machine,. and 2 pool tables). May 7,1984 City Council amends Wapiti's conditional use pennit.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 • EIk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 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 yeazly 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 fM~ ,1998 ~ _ 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 coiiforms in the summer of 1997. Slightly elevated fecal counts were observed down stream of Wapiti Pazk as opposed to upstream. Fecal streptococci was analyzed, which revealed that the elevated levels of fecal caliform 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 yeaz round. The following is an approximate breakdown of the usage of the campsites during the past yeaz: • 5 sites were used by the same people for the entire summer (snowbirds) • • 24 site were used over the winter last yeaz, 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 flaodway must be removed prior to spring flooding or an emergency plan must be in place to remove them within 6 hours of notification. 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 1001b.) • not have any permanent additions. RECOMMENDATION 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. Staffs 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 azea 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 si:~ hours notice of a pending flood be submitted to staff for approval. That all structures that do not conform to these rules or that aze 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 grim 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 aze requirements of the owners. Staff greatly appreciates their cooperation. The owners ~nll beat Monday night's meeting to discuss these issues further with the Council. Elk River City Council Minutes August 17. 1998 Page 2 3.9. CITY OF ELK RIVER AMENDM NT TO SUBDIVISION ORDINANCE FOR OPEN SPACE SUBDIVISION REGUL ION - OA 98-3 -POSTPONED TO 9/21/98 - APPROVED 3.10. CARGILL APPEAL TO BUIIDN PERMIT DENIAL - GP 98-i - POSTPO ED TO 9/2i/98 -APPROVED 3.11, TIM SMITH ADMINISTRATIVE S BDIVISION - AS 98-5 - WITHDR N - APPROVED 3.12. 3.2% ON SALE BEER LICENSE R DADDY O'S CAFE - APPR VED 3.13. MECHANICAL AMUSEMENT D VICE LICENSE FOR DADDY 'S CAFE - 3.14. 3.15. 3.1 b. APPROVED EXEMPTION FROM LAWFUL G BI OF TODAY -APPROVED PERMIT FOR EkiC RIVER AREA WOMEN CALL SPECIAL CITY COUNCIL M EYING FOR AU A COUNCIL WORKSESSION ON 994 BUDGET - ORDINANCE 98.14 AMENDING CTION 200 ORDINANCES PERTAINING TO CI RESOLUTION 98-89 ESTABLISHING COUNCIL MEETINGS -APPROVED 3.17. PAY ESTIMATES: a. #1 TO BAUERLY BROTHERS, THE AMOUNT OF $43,812.1 b. #1 TO HARDRIVES, INC. F IMPROVEMENTS IN THE c. #1 TO RED STONE CO TRI STREET, RAILROAD D VE, C COU 31, 1998, 6 PM TO HOLD F THE CITY CODE OF MEETINGS -- APPROVED G TIME FOR THE REGULAR CITY yC. FOR THE 1998 OVERLAY PROJECT IN - APPROVED HE TH 10/UPLAND AVENUE SIGNAL NT OF $110,611.47 -APPROVED ON COMPANY, INC. FOR THE BOSTON A D1AN ANGELS AND JACKSON/HOLY IMPROVEMENTS IN HE AMOU T OF $128,369.7b -APPROVED d. #3 TO RICHARD UTSON, INC. OR WORK COMPLETED ON BUSINESS CENTER DRIVE THE AMOUNT $37,107.57 -APPROVED e. FINAL PAY ES MATE FOR THE 19 SIGNAL IMPROVEMENT TO COLLISYS I THE AMOUNT OF $27, 98.27 -APPROVED 3.18. TRANSFER OF WI LICENSE FOR CHIN YUE RESTAURANT -WITHDRAWN COUNCILMEMBER H LMGREN SECONDED THE MOTt N. THE MOTION CARRIED 5-0. 4.1. Fire De artmen en House date Fire Chief 8 ce West informed the Council that the Elk er Fire Department and Ambula a Service will hold its annual Fire Department O en House and Dance on Se ember 19, 1998. 4.2. Wapiti Park Cam-paround Update Building and Zoning Administrator Steve Rohlf introduced the new owners of Wapiti Park. He indicated that campgrounds are no longer allowed in the Rlb zone, but Wapiti Park is legally grandfathered in as a nonconforming use. Steve Rahlf indicated that the owners of Wapiti Park, Mike and Anita Glenn, have agreed to comply with the city's requirements fo ensure that the recreational vehicles in Wapiti Park meet the definition in state statutes. Steve Rohlf stated that Mr. and Mrs. Glenn will be sending out a notice to a!I Wapiti Park Campground campers and residents informing them of these requirements. COUNCiLMEMBER THOMPSON MOVED TO APPROVE THE RECOMMENDATION MADE BY THE BUILDING AND ZONING ADMINISTRATOR AS INDICATED IN HIS MEMO DATED Elk River City Council Minutes Page 3 August 17. 1998 AUGUST 17, 199$. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.3. Lake Orono Proiect Update .~ Building and Zo 'ng Administrator Steve Rohlf showed a ideo explaining the Lake Orono sediment moval project. Following the video teve Rohlf requested Council: approval conduct a clean up of the dred ed Lake Orono allowing lake homeowners t bring in debris from the lake su as tires, scrap metal, brush, etc. COUNCILMEMBER FARE MOVED TO AUTHORIZE CLEAN UP TO ALLOW LAKE OWNER RESIDENTS TO BRI G 1N DEBRIS FROM TH LAKE. COUNCItMEMBER HOIMGREN SECONDED TH MOTION. THE MOT N CARRIED S-0. 4.4. Utilities Commission Update Utilities General Manger Bryan dams up ated the Council on issues discussed at the. August 11 Utilities Cornmissio meeti g. 4.5. 4.6. 4.7. Boys and Girls Club Update Councilmember Thompson upclat a Council on the progress of the Boys 8. Girls Civb. He indicated that co ct n is anticipated to begin very soon. Community,Recreation Dire or Jeff Asfahl dated-the City Council on issues discussed at recent Comm nity Recreation B and meetings. Jeff also updated the_Council on Youthbou ,Youth Initiatives, atepark; and BMX biking. City Clerk Sandra Pei indicated that the city has dgeted for the purchase of four optical scan vo g machines at an amount of $ 3,700. She indicated that the. machines cost pproximately $6,200 each, exclud g tax and shipping. She further stated th the city will receive a reimbursement rom Sherburne County in the amount of $ ,000 following purchase of the machin .The City Clerk requested the ouncil to authorize the use of the optical an precinct counters at the genera election on November 3, 1998. COUNCILM BER NOLMGREN MOVED TO AUTHORIZE THE PURL ASE OF FOUR ES8~S 100 OPTICA SCAN VOTING MACHINES FROM ELECTION SYSTEM AND SOFTWARE AT A PURC ASE PRICE NOT TO EXCEED $24,800 EXCLUDING TAX D SHIPPING WITH FUN LNG TO COME FROM THE CAPITAL OUTLAY BUDGET AND O°AUTHORIZE THE USE F THE MACHINES A7 THE GENERAL ELECTION ON NOVEMBE 3 i 998. COUN LMEMBER FARBER SECONDED THE MOTION. THE MOTION CA LED 3-0. .- ~ 1~ City of ,~r Elk i e~ ~~~ ~ ~~ MEMORANDUM Item # 6.9. TO: Mayor and City Council FROM: Michele McPherson'; Director of Planning DATE: April 12, 2000 SUBJECT: Case Number: CU DO-6 Request by Wapiti Park Campground to Rebuild Structure; Public Hearing Re uest The applicant requests that a conditional use permit be granted to allow reconstruction of a 3Q' x 5b' structure to be used for laundry, office, and assembly. The use of the property for a campground is a legal, non-conforming use. Locafion 18746 Troy S#reet Zonin_g/Land Use R1 b (Single Family Dwelling)!MR (Medium Density Residential) Attachments • Loca#ion Map • Site Plan • Building Elevations • Building Floor Plan • August 17, 1998 Memo from Steve Rohlf Overview 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 (R1bj 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. J30b5 Orano Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (6l2) 441-7420 • Fax: (612) 441-7425 Memo to Mayor and City CounciVCU G. March 24, 2000 Page 2 .. - in November 1999, the existing officelbar/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 ftfty {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 structur"es 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° thedefinition 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 recflmmended to the City Gouncif 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 wilt comply with the requirements of the Ghief Building Official. Memo to Mayor and CBy Councifh D-6 March 24, 2000 ' Page 3 City Council Recommendafion Staff recommends that the City Council concur with the Planning Commission recommendation and approve the request with the recommended conditions. ~ w.i~~o R77LOT A CITY K Y ~ ..... PARK o A e u Or n p M it lf+~ i'IILi aMi ~ f •S t ~ '~ D .~~. ~~ ®~ b00i :.'~.. ..!y. , , l~.: ~ .;1 1 A i^ . I eaten 1 mim ~ , 4 a a E ~.~r ~ O l ~1 ~o l/, D OROh10 r~ Iw¢ v PAMC CITY 104 L.AICE c oaiwsT o°S,e~ ~ -~ r~wc ~ an . aeua r s~ 'moo, arc ~ ww~ : ~ > ~~ ' ' '` r 1 ~~ 1 City of ~' • I ~ ! 1'1 i- _ ~Ik Riper 13065 Orono Parl;~~ay • RO. Box 990 C•+,~.SE: CU 0 V -~ EIk River, MN 55330 _ SPEED LttUtIT RRPH 35 Nles ":.1~. a! the Twin Ci",'ss ors !l.S.1 C To MiAe Lacs i,.sice 65 Mites ~ _ ~ 1 nln O__n~nM ~i .e. `.. nlwN w~..M ....~_. F F ~' T r EAST ELEVATION WEST ELEVATION . 11-RiB STEEL '~21 CORNER TRIM '#167 TRANSITION TRIM ~l-RI$ STEEL WAINSC07 '#21 CORNER TRIM '167 BASE TRIM ~!-RIB STEEL '#21 CORNER TRIM '#167 TRANSITION TRIM i!-RIB STEEL WAINSCOT C#21 CORNER TRIM . f~167 BASE TRIM '• SOUTH ELEVATION NORTH ELEVATION co t ~a - - 42'x28'-6" ESTABLISHMENT FOR THE CONSUMPTION OF ALCOHOLIC BEVERAGES I :• V PORCH Ln .___ ..._ ..~ ~ --_- - ~ ---- -~ ___. o INTERIORLAYOUT 2' $~ SCALE: 0 _~. O ~ ~ PORCH Elk River City Council Minutes Aril 17. 2000 Page 10 Director of Planning hele McPherson indicated that Nature's Hid away is requesting approval of a onditional use permit to allow expansio of their existing liquor license to full service sale liquor license. Michele revie d the staff report on this issue. She noted that t Planning Commission recom ended approval of the request. Mayor Klinzing opened the public h ring. There be" g no one for or against the matter, Mayor Klinzing closed the pub hearing. COUNCILMEMBER THOMPSON MOVED TO LI6IUOR LICENSE FOR NATURE'S HIDEAW AN EXPANSION OF THE EXISTING CO ITI CONDITION: 1. THE APPLICANT C PL[ES WITH THE CITY'S RE61U1REMENT . JE THE RE6IUEST FOR AN ON SALE RIVER COUNTRY CLUB, WHICH IS >E PERMIT, WITH THE FOLLOWING LICENSING DIETZ SECONDED THE MOTION. THE M01'tON CARRIED 4-0. 6.9. Reauest by Wapiti Park Campground for Conditional Use Permit, Public Hearing, Case No. CU 00-6 Director of Planning Michele McPherson indicated that Wapiti Park Campground is requesting an interim use permit to allow reconstruction of a 30'x55' structure to be used for laundry, office, and assembly at Wapiti Park Campground located at 18746 Troy Street. She explained that the. use of the property for a campground is a legal non-conforming use. She further noted that the Planning Commission recommended approval of the interim use based on the condition that approval is valid for ten years or until the property is redeveloped. The council suggested adding to that condition, "or until the property is sold." Mayor Klinzing opened the public hearing. There being no one. for or against the matter, Mayor Klinzing closed the public hearing. The owners of the campground were present and had no objections with the conditions. COUNCILMEMBER THOMPSON MOVED TO GRANT THE INTERIM USE PERMIT TO WAPITI PARK CAMPGROUND TO ALLOW RECONSTRUCTION OF A 30'X55' STRUCTURE WITH THE FOLLOWING CONDITIONS: 1. THE APPROVAL IS VALID FOR TEN YEARS, UNT[L THE PROPERTY iS REDEVELOPED, OR UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. 2. THE BUILDING Wili COMPLY WITH THE REAUIREMENTS OF THE CHIEF BUILDING OFFICIAL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4.0. .:.... ~ ~126~3 .. ~u126$.~ SHERBURNE CO. MtN~t. ~. { HELLS ASH D,.PUTY B ~p0 ~iflY 10 Pfll 3 09 `7 J _.___ ~~ ~~ SATE OF MINNESOTA CITY OF ELK RIVER CITY COUNCIL COUNTY OF SHERBURNE INTERIM USE PROCEEDINGS CITY OF ELK RIVER In the matter of: Wapiti Park Campground, Inc. Request: Interim Use Permit to allow reconstrucfion of a 30' x 55' structure #o be used for laundry, aft"ice, and assembly (Case No. CU 00-.6) _ ORDER GRANTING INTERIM USE Lorraine M. White, Owner The above entitled matter came to be heard before the City Council on the 17m day of April, 2000, on a petifion for an interim Use pursuant to the City of Elk River Zoning Ordinance, for the following described property: The West 392 feet of the West Hatf of the West Haff of the Northeast .Quarter of Section 31, Township 33, Range- 26, Sherburne Covnty, Minnesota IT IS ORDERED that an Interim Use be granted as upon the follov~ng conditions or reasons: 1. THE APPROVALOR UNTL WNERSHIP OF THE PROPERTYIS TRANSFERRED, REDEVELOPED, WHICHEVER COMES FIRST. 2. THE BUILDING WILL COMPLY WITH THE REQUIREMENTS OF THE CHIEF BUILDING OFFIC{AL. DATED this 17th day of April, 2000. s:Vecordin\cu00-6.doc 412~~:3 STATE OF MINNESOTA ) ) COUNTY OF SHERSURNE) ss. CITY OF ELK RIVER ) OFFICE OF CITY PLANNING AND ZONING CITY OF ELK RIVER I, Michele McPherson, Director of Planning for the City of 8k River with and in far said City, do hereby cerfiify that I have compared the foregoing copy and Order granting an Interim Use with the original record thereof preserved in my office, and have found the same to be a true transcript of the whole thereof. If the proposed work described in a canditionai use permi# has not been substantially completed within two (2) years after its date of issuance, the permit shall expire and become void except that the Council may, following recommendations of the Planning Commission, extend the permit for an additional period de#ermined by the council on the receipt of a request for a permit extension prior to its expiration. A Interim Use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than one (1) year. ~~ ~~ Mi ele McPherson Dir ctor of Planning IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at k River, Minnesota, in the County of Sherburne, in the City of Bk River, on the day of 2000. DRAFTED BY: City of 8k River Signed before me a NOTARY PUBLIC Elk River, Minnesota 55330 this ~ day of ~Z , 2000. • At.iGE K. HgNECi(~ NOTARY P1J9UC-MfNNI~OTA • 4 ' - My Commission Fxpires,tan.31.~05 • yM{.• s:\recordin\cu00-6.doc ~~ ~~ ° RESOLUTION 10-~ A RESOLUTION OF THE CITY OF ELK RIV A RESOLUTION DENYING A 3.2 PERCENT ONSALE t LICENSE AND A 3.2 PERCENT OFFSALE MALT LIQUC WAPITI PARK CAMPGROUND, INC./DBA WAP.... _ __ __ _ CAMPGROUND WHEREAS, Lorraine White, Wapiti Park Campground, Inc.,("Applicant"), has applied for a 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License ("Licenses"); and WHEREAS, the City Council considered the application for the Licenses on June 21, 2010, at which time the Applicant and all others wishing to speak were given an opportunity to present testimony to the City Council; and WHEREAS, the City Council, at the conclusion of its discussion of the Applicant's request on June 21, 2010, made findings regarding the Application. NOW, THEREFORE, the City Council of the CitST of Elk River makes the following findings of fact and decision with respect to the application of Lorraine White fora 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License at Wapiti Park Campground, 18746 Troy Street. FINDING 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 building housing a laundry, bar, and offices that could be used by campers. This building is used for the on and off sale of 3.2 percent malt 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. 2. The Interim Use Permit expired April 17, 2010 and Lorraine White has not sought renewal of the Interim Use Permit. The use of the building for the on and off sale of 3.2 percent malt liquor is therefore illegal. 3. A license for the on and off sale of 3.2 percent malt liquor can not be issued to a building which is being operated illegally. DECISION The City Council of the City of Elk River hereby denies the Application fora 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License for Lorraine S:\PubGc Bodies\Council\Resolutions\Wapiti llenial 2.doc White, Wapiti Park Campground, Inc. 18746 Troy Street, based on the finding of fact set forth above. Passed and adopted this 215L day of June 2010. r Steph nie Klinzing, or ATTES. . /~. Tina Allard, City Clerk • • S:\Pubiic Bodies\Council\Resoluaons\Wapiu Denial 2.doc C~~itjy of 4' ~ 1 Personal Sei-~-ice Delivet-~--Elk Ri~-er Police Department 13065 Orono Parl.~~av Elk River. h4N 55330 May 17, 2011 Lorraine ~Xlhite ~~lapiti Park Campground, Inc. DBA/Wapiti Park Campground 18746 Txov Street Elk River, Minnesota 55330 Re: Consumption and Display Permit, Renewal Application for 3.2. Percent ~Zalt On and Off Sale Licenses, and Fees Dear Lorraine: As you are aware, at the April 18, 2011 CitS- Council meeting, the Council directed staff to prepare a resolution regarding the denial of your Consumption and Display Permit. At the l~~Iay 16, 2011 City Council meeting, the Council approved Resolution 11-26 denying your application for the Consumption and Display Permit. A copy of the resolution is attached and outlines the findings of fact for the denial. Your check ire the amount of $250 made out to the State Alcohol and Gambling Enforcement Division for the Consumption and Display Permit is enclosed. I received an incomplete application for renewal of 3.2. Percent Malt Off Sale and C?n Sale licenses on May 17, 2011. Missing from the application are fees in the amount of $225 for the 3.2. Percent Malt On Sale application. The City owes you $75 for the Consumption and Display Permit city fee. The fee for the 3.2. Percent Malt Off Sale application is $ 75. We can transfer over the fee and nothing additional will be owed for the 3.2. Percent Off Sale application. The CityT Council has scheduled a hearing to consider these 3.2 On and Off Sale applications for June 20, 2011, at 6:30 p.m., at Elk River City Hall. Sincerely, ,. _,. .r ' ~---- Cw _ ~_- - Tina Allard City Clerk cc: Police Chief Bradley Rolfe Enclosur~ Phone: 763.635.1000 Fax: 763.635.1090 www ci.elk-river.mn. us Affidavit of Service I have received service of the attached Notices of Hearing: 1. The City Council of the City of Elk River has directed that a hearing be scheduled before the City Council to receive testimony and evidence, to establish findings, and to determine whether the Conditional Use Permit for Wapiti Park Campground shall be revoked for .failure to comply with the conditions set forth in the approval of the Conditional Use Permit. The hearing has been scheduled for 6:30 p.m. on Monday, June 20, 2011, at Elk River City Hall. 2. The City Council of the City of Elk River has directed that a hearing be scheduled- before -the City Council to receive testimony and evidence and to determine whether to renew the liquor licenses for Wapiti Park Campground. The hearing has been .scheduled for 6:30 p.m. on Monday, June 20, 2011, at Elk River City Hall. Lorraine White, Owner 18746 Troy Street Elk River MN 55330 ~e Srv ~,~ ~`~ 5;~ n {~ ~ l a ~ 7 ~ ~ 1 y~~ ~~~ ~s oF~~~ f'1'b~~~^~ •~G ~-2 ~,~ l 1 o~ R3~I ~~ h~ a~', r c~i~'10,. o~ .41~.; Date sa~,~a /~^~, ~'~~ ~,~i nit 5~5~ c~~~~~ ~ • ~g~s S~v.-mot ~,~ ~~s ors Affidavit of Service I have received service of the attached Notices of Hearing: 1. The City Council of the City of Elk River has directed that a hearing be scheduled before the City Council to receive testimony and evidence, to establish findings, and to determine whether the Conditional Use Permit for Wapiti Park Campground shall be revoked for failure to comply with the conditions set forth in the approval of the Conditional Use Permit. The hearing has been scheduled for 6:30 p.rn. on Monday, June 20, 2011, at Elk River City Hall. 2. The City Council of the City of Elk River has directed that a hearing be scheduled before the City Council to receive testimony and evidence and to determine whether to renew the liquor licenses for Wapiti Park Campground. The hearing has been scheduled for 6:30 p.m. on Monday, June 20, 2011., at Elk River City Hall. Juanita Glerui, Operator 18746 Troy Street Elk River MN 55330 ~~~v~.a ~o S-~~r~ b•~v•tl ~ ~~j~5 j„~,~tS Off ~ cep tyb ~~r ~ Gd a Date NOTICE OF HEARING TO: Wapiti Park Campground, Inc., d/b/a Wapiti Park Campground Lorraine White, Property Owner, 18746 Troy Street, Elk River, MN 55330 Juanita Glenn, Operator, 18746 Troy Street, Elk River, MN 55330 NOTICE IS HEREBY GIVEN that the City Council of the City of Elk River has directed that a hearing be scheduled before the City Council to receive testimony .and evidence and to determine whether to renew the liquor licenses for Wapiti Park Campground. The hearing has been scheduled for 6:30 p.m. on Monday, June 20, 2011, at Elk River City Hall. The hearing will address whether the licensee has failed to comply with any applicable statute, regulation or ordinance relating to the conduct of the licensee's business. At the hearing on June 20, 2011, the City Council will receive testimony and evidence from the public and City staff regarding renewal of the liquor licenses. The licensee, the property owner and the owner or operator of Wapiti Park Campground, as well as all members of the public, shall have an opportunity to testify and present evidence. At the conclusion of the public hearing, the City Council may continue its decision to a future date or make its determination. GP:2993969 vl NOTICE OF HEARING TO: Wapiti Park Campground, Inc., d/b/a Wapiti Park Campground Lorraine White, Property Owner, 18746 Troy Street, Elk River, MN 55330 Juanita Glenn, Operator, 18746 Troy Street, Elk River, MN 55330 NOTICE IS HEREBY GIVEN that the City Council of the City of Elk River has directed that a hearing be scheduled before the City Council to receive testimony and evidence, to establish findings, and. to determine whether the Conditional Use Permit for Wapiti Park Campground shall be revoked for failure to comply with the conditions set forth in the approval of the Conditional Use Permit. The hearing has been scheduled for 6:30 p.m. on Monday, June 20, 2011, at Elk River City Hall. The hearing will address whether Wapiti Park Campground is in compliance with the conditions set forth in the approval of the Conditional Use Permit for the Campground. Specific areas of potential noncompliance include: + whether Wapiti Park Campground is a "recreational camping area" consistent with Minnesota Statutes Section 327.14, et seq. ; • whether all of the vehicles at Wapiti Park Campground comply with the definition of "recreational camping vehicle" set forth in Minnesota Statutes Section 327..14., et seq..; • whether there are vehicles located within Wapiti Park Campground without wheels attached; whether there are vehicles within Wapiti Park Campground that are not licensed as recreational camping vehicles; • whether there are vehicles and/or structures within Wapiti Park Campground that do not comply with building or other applicable codes; • whether there are vehicles within Wapiti Park Campground with permanent additions attached to the vehicles; and • whether there are sheds and/or other structures within Wapiti Park Campground which are not consistent with a recreational camping area, as provided in Minnesota Statutes Section 327.14. At the hearing on June 20, 2011, the City Council will receive testimony and evidence from the public and City staff regarding the compliance or non-compliance of Wapiti Park Campground with the conditions set forth in the approval of the Conditional Use Permit for the Campground. The property owner and the owner or operator of Wapiti Park Campground, as well as all members of the public, shall have an opportunity to testify and present evidence. At the conclusion of the public hearing, the City Council may continue its decision to a future date or make its findings and determination. GP:2993952 vl 2 ,~~ Police Department TO: City Council MEMORANDUM FROM: Bradley R. Rolfe, Chief of Police DATE: June 17, 2011 SUBJECT: Police Calls for Service at Wapiti Park At the request of legal counsel for the City of Elk River I have compiled a summary of Elk River Police Department calls and activity at Wapiti Park camp ground in the past five years, (January 1, 2006 to June15, 2.011). Within that time frame the police department responded to 170 calls for service (CFS). This level of calls for service, and types of calls for service are comparable to some apartment complexes in the city. Sherburne County Probation records show that in the specified time frame, 23 persons who were required to report to probation listed Wapiti Park as their permanent address. One person who was on probation in 2005, 2006, and 2007 listed Wapiti Park as his residence on each occasion. Another probationer listed Wapiti Park as his address from 2001-2005. Officers have made warrant arrests at the camp ground based on address information provided by individuals at the time of previous arrest bookings. In the reported time frame, the police department has responded to types of CFS at the camp ground more consistent with those of permanent residences than recreational camp grounds. Some of these calls include evictions for non- payment of rent, power shut offs, vehicle repossessions, domestic assaults, orders for protection, civil stand-by for personal property removal, and social service child welfare investigations. Following is a sample of police calls to the camp ground in the past 5 years. Each incident is identified by ERPD case number for verification: 06-21620 Warrant arrest 06-26047 Crime Against Administration of Justice 06-31056 Domestic 06-31174 Disturbing the Peace 06-31831 Disturbing the Peace 06-37340 Crime Against Family 06-39484 Disturbing the Peace 07-5975 Warrant Arrest 07-14934 Miscellaneous-"Neighbor" yelling vulgarities and banging on door 07-17794 Domestic/Warrant Arrest- suspect resisted arrest 07-18050 Vehicle Lockout-while officers on scene intoxicated husband started argument 07-19190 Domestic Assault Arrest- female victim had injuries, both intoxicated 07-19517 Civil Standby- Property removal from domestic 07-20204 Agency Assist-checked for Wright County burglary suspect, last known address 07-20327 Warrant Arrest-located arrested burglary suspect 07-23152 Suicide Threat-intoxicated subject making suicidal threats, spoke of weapons 0702357 Criminal Sexual Misconduct-Wright County Social Services reported possible sexual contact between siblings living at location 07-24732 Harassment-male who "lives with girlfriend" at lot ### yelling at complainant 07-24969 Civil- father at lot ### would not return children to mother after visitation 08-3627 Misc. Argument- two males drinking in camp ground bar got in argument over one of them being on public assistance and drinking expensive brand alcohol 08-3627 Civil- person refused to vacate a camper for non-payment of rent to own camper 08-7077 Civil- person upset over being evicted after only 5 day notice 08-9036 Warrant Attempt- last known address 08-10969 Domestic- male/female argument over car keys 08-11179 Assault- person assaulted and injured and car window broken out by person in neighboring site-arrest made 08-13426 Check Welfare- parents requested officers check welfare of daughter who "resides at Wapiti Park" 08-14103 Domestic- boyfriend/girlfriend outside arguing about girlfriend "drinking all day" 08-14879 Threats- suspect made comment to others that he had shotgun and was going to "take care" of complainant. Suspect admitted-arrested 08-14986 Civil- officers standby for property removal 08-17350 Medical-extremely intoxicated male fell in to camp fire un-witnessed suffering severe burns to lower extremities resulting in loss of both legs. Victim had been in fire for some time. 08-18241 Civil- property being held by management pending back payment of rent 08-18815 Domestic- person reported being assaulted by his brother a month earlier 09-1208 Miscellaneous- Complainant seeking information on obtaining restraining order against girlfriend 09-1616 Assault/ Domestic- male assaulted female, 5 year old child in common, female injured, male arrested 09-1732 Civil-standby for property removal re domestic 09-1768 Order for Protection- OFP issued in above case D9-3125 Civil- stand by for property removal 09-5221 Agency Assist- attempt warrant pick up last known address 09-5283 Domestic- boyfriend/girlfriend arguing, female left prior to PD arrival 09-6730 Civil- complainant seeking info on how to have father's girlfriend vacated from residence 09-6748 Misc- complainant reported her boyfriend is drinking, using drugs, and driving. Also had questions re previous call to "residence" 09-7748 Civil- complainant requested options on having "live in" girlfriend removed from "residence" 09-8559 Domestic Assault 09-8567 Misc- Complainant reported his ex-wife not properly supervising daughter at Wapiti 09-9629 Assault- fight involving multiple parties wielding "clubs or sticks". Subjects drinking. One or more parties swinging "logs" at each other, minor injuries 09-10777 DWI- adult intoxicated female arrested while operating a van. Had been arguing and yelling obscenities at her neighbors. (.22 AC) 09-10934 POR- registered sex offender info 09-11746 Agency Assist- Sherburne County Probation requested Apprehend and Detain at subject's last known address 09-13250 Criminal Sexual Conduct- investigate report of adult male soliciting juvenile female staying with him to being video-taped naked. 09-14999 Agency Assist- Social Services requested welfare check of elderly couple "living" at campground. Ambulance transported female to hospital 09-18289 Public Assist- notify "resident" of Wapiti Park of family emergency 09-18468 Medical- drug overdose 09-18691 Threats- one neighbor accused the other of stealing his beer and threatened him 09-19484 Welfare Check- Hennepin County sent referral to Social Services to check on a newborn possibly not receiving proper nutrition 09-21130 Welfare Check-checked on possible suicidal person 10-1460 Assault- husband struck wife in face, arrested 10-2508 Assault-officers responded to check welfare called in by a third party found female assaulted while attempting to leave for a women's shelter. 10-2758 Civil- complainant requested info about lease agreements and eviction notices 10-2854 Civil-complainant had questions/concerns about being evicted on short notice 10-5693 Disorderly Conduct- 2 intoxicated males wrestling and fighting with each other 10-5780 Civil- complainant reported he sold his camper to a resident at Wapiti who was behind in rent payments and he was worried the subject would take the camper with him if evicted 10-7336 Civil- complainant had questions regarding her electricity being turned off due to being behind in rent 10-7343 Civil- complainant's attorney called requesting following up regarding client's electricity being turned off 10-7447 Civil- complainant requested officer stand by while power is turned back on 10-7581 Civil- complainant wanted renters vacated for not paying lot fee and electricity 10-10-9345 Domestic- verbal domestic, male/female over relationship, 3 year old child in common 10-9565 Civil- complainant reported that while in court they were advised to file a report re falsified records regards application for financial assistance 10-9642 Disorderly Conduct- report of 15 people fighting and possible brick used as weapon. Victim found bleeding. Transported to hospital 10-13812 Warrant Arrest- arrest warrant served 10-17948 Warrant Arrest- intoxicated male with warrant, resisted arrest, Tasered 11-4345 Traffic Complaint- intoxicated female reported to have left camp site 11-4345 Info- vehicle repossessed 11-9399 Assault- intoxicated resident involved in domestic assaulted camp ground manager and sprayed her with mace. Suspect assaulted two males who attempted to intervene with an expandable metal police baton. Suspect fled scene, later return and was arrested by police. Two males transported to hospital. One resident said she, her boyfriend and child have lived at .the campground for 5 years and have no other permanent address. (~ . Z . (~~20/// f~2nGl k i. SAVE WAPITI PARK CAM PG R~U N DS Stop the city of Elk River from shutting down a family business ~~, We are asking you to sign this petition to stop the city of Elk River from shutting down a campgrounds that has been in business .for more than 40 years and has been state licnsed as a year round campgrounds. We have been issued all licenses and permits to be in business since day 1 and have com{~lied with the Dept. of Health of the State of Minnesota`s inspections every year. Now the cityC of Elk River is saying that we have never complied with their requets since day 1, NAME ~ ADDRESS I !~' :~~~~ ~~ ,~~ NAME ~`' ~~.~_ ADDRESS J 1" ~; , ~e ~~~~~ r~ ,-, ,~, ~3~~ ~ ~s~'~~i -~~_ ~~.°" . ~'ti ~Le~~ ,,~~ . r~ ....... ..... ......... ~. . _. . -.~ . _ _. n 1 ... _._ ... .,..,.. ~..__..._ 1 ...... 3 `: 1 ~,~~~~ ~''~ ~~~r ~~~~ ~~~ __~ _ ~ ~r-~-.--- _~~_.~, P ~ M~Cc~.~k~~ ~~----~- .. _ ~.~. ~~~ _ - NAM E ADDRESS ~. ~ .~'~ °~~ ~._._..._a _~~_._._____ ~__-_ ~ ~J(y~ ~a " ~ ~P. 1 ~ :i ., e ~~ r ., ---.~, ~~ _ n ~ J~`1 ~ °m...-----..-. ~a ._.d®...-.~.~ j (~~~ ~J GEC,.. i~~ t ~~~V~ ~~~~.~~~~ r ~,~, ~~~/ v .._.___~_,_._____.___________ ~, ~~ /~~~~, i( y ~~ (,.* R 9 iiY I ~. ~~ -v~~~~ ~~ ~ ,) .~ r s P t ~.a~1 ~ i~'11`L~ f J~ j s~ a ~. :~ r~`' ~~'~,} ~ n t:..~r_;,y` 0~- ~ $f~ ~~j~f~ v,'°~° ,""°". {.. ~ ~` 8 ~~ ~ $~ ~ U3 ~ ~~ 3 v <.~ tl ~~ ~. L" 1%~ ~5 ~ tJ { 1"" ~~i~i~~ ~~ .mac.- ~ ~ ~-,~~- ~°'~ ~ ~ ~~ ~- ° ~~ ~ .~( ~r ~~c /~-~~r~~. ~~~ ~..~~ .~ ~` ,--- r ~ ~~; t" -~ ,~ ~ ~~ ~af~~ ~. ~ r ,, , ~~ ~~. ~~: ~ ~~3~ ~ ~~~ ~ ~ iii Ff,LLli %w-. a. k/~-~ t .~--~ t....p;~.~-. / ~.. JL I' q9 ~~- ~i /q j t l.J"' ~~ ~ 4 ~~~ ~~~' d _,~ yd 9 ~v~ ~~~~~~~~~` 4 SAVE WAPITI PARK CAM PG RQ U N DS Stop the city of Eik River from shutting down a family business. We are asking you to sign this petition to stop the city of Eik River from shutting down a cam rounds that has been in business for more than 40 years and has been state licnsed as a year round campgrounds. We have been issued ail licenses and permits to be in business since day 1 and have complied with the Dept. of Health of the State of Minnesota`s. inspections every year, Now the city of Elk River is saying #hat we have never complied with their requests since day 1. NAME ADDRESS fi / { ~ ~lw ~1 Y4 ~ .1v v`i~{L/ .~ f _d ~ s'j F' I ~ ...-iLV Y ~'S ~~ ~t~~ c~~-~ ~~ ~~r~ ~ 'a~'t0 ~~ufi~~~~t~~ ~Q ~~ M ltd ~~~SS` _ ~h~'11 ~~~ s ~~~~ ~~ ~~~~:~~ ~~ ~~~ NAME ADDRESS ~r ,~, ~z...~....~.. p~~~~ ~~' ~, ..~ -~.~ 4 '~~~_ ~,~ .~.. r ~t ~.1 ~.- -v_ ~~~ ~~~~* ~~'~~ ~~t~~~~~~ -Step the city ~# EIiC -~ia~er ~o~xa abutting down a far~~i-~ b~si~ess. !N~ are asking ~/ou to sign dais {3etituna to the ci#~/ a~ Pik-I~i~er- fxona shutting wra a tag~aaa~ads tiaat bas- beE~a--i~a business-for more than 40 y~axs .and has been state ~ic~sed -as a dear -ro~ul tar-npgxuurads. 1A~e have beea issued -ail licenses aaad {per-amts to be -i~- business since day 1 ~~d -haue c®a~tied w.itb flee dept.. ~f kiealtb, ref the -State 4# ~lli~anesQta`s i~spectiaa~s eves/ ~ea~~ ~iaw flee -~i#~ of ~Ik t~iar-er is sa~/ng that we have -aear~er co~p~ed vvitii them ~e~e~ts since da-y 1. ?~f ~~ ;,fit ~P ~d ~3d ~ S~ G~ ~~~ s--~~~~~ -iUA-M-E A~D~ESS~ X 1~IA-N~ ~~,.~ ~ ,~ A~D~33lZE~S~ ~~~ ~ ~ ~ ~ V . ,. '-- 1-' np ~~~~ L~ N11v ss~~ /~ ~"7~ i. ~~~ ~~~ ~~~~ ~a~ ~~~~' t~ ~ ~~k~ ~~9~ :~~~~ NA~N~ ~ ~1©Dlfi~~ v w /' .~ ~ f- sue'' ;; e'd:~ ~ ~r~ ,~r~~~rl L-c,~rl ~~5~'~' /~Q'~ I~n~? ctrl. i'~~~, ~~~~~s~~y~' ~a,a~ SAi/E 1NAPf~f f PARK CAMPGRt?U N DS Stop the city of E!k River from shutting down a family business We are asking you to sign this petition to stop the city of Elk River from shutting down a campgrounds tha# has been in business for more than 4t) years and has been state licnsed as a year round campgrounds. We have. been issued ail- licenses and permits to be in business since day 1 and have complied with the Dept. of Health of the State of Minnesota`s inspections every year. Now the city of Elk River is saying that we have never comptied with their requests since day 1. NAME ADDRESS ~ PLC _~,~c( L,.~ 1~C1~~~}~ ~ 1 ~~ eta T'~`~ 5' ~ , iyw ~:+~c Y~v~ ~~c•~•. 1~,.. ~~w.~..-g;~f' :~; ~. ire $~. 'l ~ vim- r i~~.~, :In,#I --~ .lr,~'crjrJsa.rr,.,j /'r~ ur~a~ ~~~/ C~',`{~7t.~.` ~ S~ S'T ~orl/S' /y1G' ~~ ~ {~ r~~ ~ L-c- ~/ ~ ~'! off. t~~~'2Sc~ t~+ ..~ i>~c~- ~ (~ci r'~--1111 NAME n -~~ ~~, {i~~~ ~~ ~Q~ i~~~e t ~ ~ at~ ~~~~.~~ ~~ ~~~ ~~ ~~,~G~ ~~~ ~.~~~ ~~r~-c( ~ct~c~ I,~~ng ~e~' -~-~ 5 ~~ 6~~N //fir ~~~ ADDRESS ~~~~ ~~ 3x38' I~ ~~ ~~ ~~1L ~ ; ~~~. ~ n ~ ~ ~~~ ~~ ~ - ~~e ~~_ ~ ~' ~ ~~ ~~ X07 ~~ d s~ ~~-~ m~ ts9yq 2,(~0 -~h ~~1~ ~t~ ~ s ~ tia duo }'~ fl~~ ~l~ ~2~o r~i s~'w n~~ s's~7~ ~~ NAME AQDRESS V ~c - , ,~ ~~ ~~~ ~~~ ~ ~~,~ ~ a~`~ ~~ ~~ ~~ ~~ ~--cc~ .~-~. ~Yl~,~ .~ ~. ~. ~ ,~ , .~~ ~--~ ~`t ~~~ ~~/~~~ 'mil ,.~. ~~ ~ ~ ~i V ~ d~,{' ~J V ~~..// ..._ _._... f'--^- SAVE WAP1T1 PARK SAM P~ R~3U 1U DS Stop the city of .Elk River from shutting down a family business We are asking you to sign this petition to stop the city of Elk River from shutting down a campgrounds that has been in business far more than 40 years and has been state licnsed as a year round campgrounds. We have been issued all licenses and permits to be in business since day 1 and have complied with the Dept. of Health of the State of Minnesota's inspections every year. Now the city of Elk River is saying that we have never complied with their requests since day 1. NAME ADDRESS NAME w. ADDRESS ~-.~ ,~~-~-, r ,-- c,.. • . . t ~ ~ ~ ~ `~ T°~ i ~ ° ` ~s ~ ~ ~ ~ its ;5 .'S ~.. ii } # ~ pa 4 i ~4~yl~ [ p t~a`F i {~Mn ~ ,,'" d Imo.. _ ~~``a1L.rsE. «.o•~ E , K. - 7 ^