05-15-2012 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES MAY 15, 2012 Page 3 of 7 Planning Director Klatt explained the Oakdale Gun Club would like to amend its conditional use permit to include adding cement side walls and overhead baffling on several existing gun ranges on the facility. He explained the portions of the gun club property that would be affected by the changes, stated this would not be an extension of the property, gave an overview of the history of the property and stated this amendment was within state statutes and the planning commission felt this amendment would improve safety and noise concerns. The Planning Commission recommended approval of the CUP with six conditions of approval. Condition number six was added by the Planning Commission and included the planting of conifer trees in the general vicinity of the entrance to the site. The Planning Commission held a public hearing with only one comment regarding whether the structures would be seen from the street/other properties. Mayor Johnston and Council Member Smith raised concerns regarding condition number six. City Administrator Zuleger explained the Gun Club’s request appears to meet the mitigation clause. Council Member Emmons inquired whether the walls would have an impact on sound abatement. Oakdale Gun Club President Stan Durda approached the council and asked the council to eliminate condition number six for two reasons 1) The ranges are out of view from the street 2) In efforts to reduce the sound signature of OGC, which is currently well under state standards, a review revealed trees do not stop or impact sound and may even amplify sound. Oakdale Gun Club Construction Manager Rusty Williams presented a photographic study of the Gun Club property to show the irrelevance and therefore cost ineffectiveness of adding trees for additional screening. He reviewed all conditions of the amendment agreement. Council Member Emmons inquired whether staff had the chance to review the property/photographs with reference to condition number six. City Administrator Zuleger stated he had viewed the property and recommended removing condition number six of the agreement. Council Member Smith commended the preparation of the representatives of the Oakdale Gun Club and expressed her support. MOTION: Council Member Park moved to approve a Resolution Approving a Request to Amend the Conditional Use Permit for Oakdale Gun Club to Allow the Construction of Cementitous Sidewalls and Overhead Baffling on Several of the Existing Gun Ranges Within the Facility Striking Condition Six from the Resolution. Council Member Pearson seconded the motion. The motion passed 5-0. ITEM 10: CHRIST LUTHERAN CHURCH SEPTIC SYSTEM VARIANCE FOR HOLDING TANKS Planning Director Klatt explained Christ Lutheran Church had submitted a variance to install three holding tanks with a capacity of 1500 gallons each for more than the twelve months allowed by county code which the city adopted as reference. It was determined that the existing system is not compliant. The Planning Commission held a public hearing and recommends approval of the variance with one condition; that the church enter into an agreement with the City to connect to public sewer within six months of its availability. He explained staff originally recommended two conditions be included into the agreement which included; the church waiving their right to appeal the assessment for the extension of the municipal sanitary sewer and to submit copies of septic pumping records. Mayor Johnston noted the holding tanks would be advantageous to the current system from an environmental standpoint. City Attorney Snyder noted the staff recommendation for the church to waive the right to appeal their assessment may not be properly suited to the variance application and questioned whether the city could even require this condition. Council Member Emmons asked City Attorney Snyder to revise the language to capture the condition that when improvements do come the assessment will be provided for in a short form assessment agreement between the Church and the City. MOTION: Council Member Emmons moved to approve a Resolution Approving a Variance to Allow the Use of Holding Tanks for Longer than 12 Months for Christ Lutheran Church at 11194 36th Street North with one condition recommended by the Planning Commission and the additional two conditions recommended by staff;