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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 residency 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 City Council. He stated it was clear from the City 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 characterized 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 Permit 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 finding 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 to 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