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=m:Wayzata Law Group, LLC To:City Council Members (17636351090) 14:35 1 2/2011 0GMT-O6 Pg 03.04 <br />\v AY ZATA IA1N GNUUI', ltl. <br />190, fAl}µ'AY),ALn 81Y'U.. S• fC l.(1 WA1 $~TA NIN\(SCITn 5{IVI <br />lCL '/iA-Pi .10!5 f4\: ~i2 ite.A~19? <br />USIrN ~TBINN~~DVOCnTF ~cULLIt <br />October 25, 2010 <br />Peter Beck <br />Elk River City Attorney <br />500 IDS Center <br />BO South 81h St <br />Minneapolis, MN 55402 <br />Re: Wapiti Park Campgrounds. Inc. <br />Dear Peter, <br />VIA U.S. MAIL <br />I write to you in the hopes of coming to a resolution with respect to conditions the City of <br />Elk River wants imposed on Wapiti Park. While this letter will suggest conditions to <br />which Wapiti Park would be willing to subject itself, it does not change our basic position <br />that Wapiti Park is a legal, nonconforming use and that its operation is regulated <br />exclusively by the State of Minnesota, Department of Health. If we are unable to come <br />to an agreement, it is my hope that the City and Waplti Park will submit the matter to the <br />District Court on stipulated facts for the determination of Wapiti Park's property rights. <br />If the City acknowledges Wapiti Park's status as a legal, nonconforming use, Wapiti <br />Park would agree to the following conditions: <br />1. Wapiti Park would insert the following language in its rules governing all <br />campers: <br />"Campsites may not be used as permanent residences." <br />2. Wapiti Park will provide verifcation from a licensed septic system installer that <br />its septic system is designed to be functional year round and that it is <br />currently functioning properly; <br />3. Wapiti Park will submit a manure management plan by November 30, 3D10; <br />4. Wapiti Park will not add any addRional campsites; <br />5. Wapiti Park's hours of operation will remain at B:OOa.m. -11:OOp.m.; <br />6. Wapiti Park will continue to comply with all Minnesota Department of Health <br />rules and regulations pertaining to recreational camping sites; and <br />7. Wapiti Park will require that wheels remain on vehicles. parked in the <br />campground. <br />Because time is of the essence, we would appreciate your response to our proposal by <br />November 15, 2010 <br />Jnrnes G. RosIN <br />DIRECT DIAL: 952.475.0987 <br />e-nnnu: jrobin c(itwayzafalawgroup.cnm <br />Please contact me at my office to discuss the matter further. <br />