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Cit3~ Council Minutes June 20, 2011 Page 4 ` There are vehicles with no wheels or that have permanent skirting attached that make it impossible to know whether they even have wheels on them. • ^ There is no Emergency Removal Plan for removal of vehicles within six hours of a flood event. ^ Many vehicles don't comply unth Minnesota Statute 327.10 through 327.28. Staff is concerned the area is not being used exclusively for tenting and recreational vehicles as defined by the State. ` There are 23 people who have listed Wapiti Park as their permanent residence according to police reports from the past five years. ` Rigid piping and permanent insulation is inconsistent with a recreational vehicle designed for travel. ^ There is a park model trailer with an addition. ` Two additions are attached to one camper and permanent additions are attached to various other campers. Mr. Barnhart reviewed photos taken in March 2011 highlighting some of the non- compliance issues noted above. He also reviewed a photo of the type of accessory structure that would be appropriate for recreational vehicles. Acting Mayor Gumphrey opened the public hearing for both the revocation of the conditional use pertnit and for non-renewal of the 3.2 percent liquor licenses. Bryan Battina, attorney representing ~X/apiti Park -Stated the photos presented to Council aren't accurate or sufficient. He provided three photos for Council review. He stated PVC pipe is no different than flexible tubing and can be removed at any time. He stated he expected more evidence to be presented. He stated many of the photos shown are outdated • as he was at Wapiti Park last week and noted many of the additions have been taken down or people have vacated the campground. Adam Kaatz, attorney representing Wapiti Park -Stated Wapiti Park Campground has been operating prior to the city's adoption of the Elk River City Code. He stated at that time Wapiti Park became a legal non-conforming use. He stated the August 17, 1998 staff report was a separate agreement and not part of the conditional use permit. He stated he has been unable to locate a copy of the conditional use permit. He stated the Sherburne County Recorder's office doesn't have a 1984 conditional use permit filed in their office. He requested a copy of this permit from the Council. He stated the August 1998 memo, by Steve Rohlf, doesn't mention any amendment to the conditional use permit. Mr. Kaatz stated Minnesota Statute 327.10-327.28 discusses vehicles "designed for use" whereas the staff report discusses actual use of the vehicles. He stated the structures at Wapiti Park are designed to be used within the recreational campground statute. He stated any longer term residents that were at Wapiti Park left because they thought they were going to be kicked out of the campground in the middle of winter. He stated that because some vehicles aren't licensed to travel, it doesn't mean the vehicle isn't designed to be a temporary dwelling. He stated the people on probation may not necessarily know what they are putting down as their address and he would need to review this. Mr. Kaatz stated he doesn't understand how an addition connected to a recreational vehicle has anything to do with how the vehicle was designed. He stated everything at Wapiti Park can be taken down quickly. He stated all the trailers can pull out from the breezeways and entryways. He stated every vehicle has wheels on it with the exception of the mobile home, • which currently isn't being rented.