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COUNCIL MINUTES SEPTEMBER 22, 1997 <br />zoned district. The Planning and Zoning Board recommends approval of this conditional use <br />permit, with the following conditions: <br />1. The applicant shall monitor and maintain the present sound system to avoid disruption to <br />the adjoining property owners; no modification can be made to the sound system without <br />City approval. <br />2. Parking shall be provided for 121 vehicles with handicapped spaces as determined by <br />ADA Rules and Regulations. No parking shall be allowed on the public right-of-way. <br />Overflow parking shall be provided on site. <br />3. The Parking area shall be surfaced with 7 inches of recycled base material as approved by <br />the City Engineer. <br />4. The porta-pottys shall be screened from the street right-of-way and the adjoining <br />properties. <br />5. All site signage shall comply with the City's sign ordinance. <br />6. A development plan shall be reviewed and approved by the Rice Creek Watershed <br />District. <br />7. The City Engineer shall review and approve the final site grading and drainage plan. <br />8. Racing of motorized bikes shall be prohibited. <br />9. An event schedule for outdoor races shall be reviewed and approved by the City Council. <br />10. At the choice of the applicant, approval of either a 25 -foot setback variance, or a minor <br />subdivision to transfer property in order to meet City setback requirements. <br />11. Approval is conditioned on a review of the area by the City Forester for recommendations <br />to plant trees for noise abatement. <br />Ms. Wyland added that with respect to condition No. 11, the City Forester has visited the site and <br />indicated that the planting of evergreens on the southwest corner will not significantly reduce the <br />noise disruption to the neighbor. A berm would have to be constructed for that purpose in order <br />to be effective in reducing noise. Staff asked Council to reconsider this condition. <br />Mayor Landers requested that Ms. Wyland read correspondence from City Forester Marty <br />Aslesan with respect to this matter. Ms. Wyland read aloud the following letter: <br />To: Mary Kay Wyland <br />From: Marty Aslesan <br />I was asked to respond to an issue surrounding noise abatement at the Ken Rehbein <br />arena on 4th Avenue and Pine Street. The noise stems from spectator equipment and <br />public address system. A suggestion was made to look at the efficiency of tree <br />planting to abate the issue with the neighborhoods to the west. I visited the site and <br />spoke with Ken Rehbein and with the Baumans, who are the adjoining property <br />owners. <br />The planting of trees for noise abatement is only effective if done in conjunction with <br />the proper placement of an earthen berm. In this case the berm would need to be of <br />rather substantial size. The location of this berm would need to be close enough in <br />my estimation to the noise source to immediately deflect the sound upward and away <br />4 <br />