5.2. SR 12-20-2010 - Laserfiche WebLink

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i a -ao - ~~ 5, a . ~~>d acs t Barnhart, Jeremy 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 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 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, well within the permissible scope of City regulation. Staff continues to recommend that the conditions approved in August be complied with by the end of the year. Staff further recommends that the City Council direct staff to prepare findings of fact and a proposed resolution of denial of the IUP, for 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 5001DS Center 80 South Eighth Street Minneapolis. MN USA 55402 Phone: 612.632.3001 Fax: 612.632.4001 Mobile: 612.991.1350 Peter.Beck a~gpmlaw.com Click Here For My Bio NOTICES: Pursuant to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, unless we expressly state otherwise in this communication, nothing contained in this communication was intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Code of 1986, and it cannot be used by any taxpayer for such purpose. No one, without our express prior written permission, may use or refer to any