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CITY COUNCIL MEETING, FEBRUARY 16, 1982 -5- 10. OAKDALE GUN CLUB - CONTINUED: ( M/S/ Mottaz/Morgan to adopting R-82=-8, approviTg a CUP for the Oakdale Gun Club for 1982., The limits and conditions of the permit will remain the same as the 1981 permit, Also, the Mayor will appoint a Council member or members to work with the Gun Club to up -date and clarify the conditions of the permit before renewal review for 1983. Discussion: --Eder - suggested incorporating their general philosophy about how they see 1982, so there is an understanding between the City and the Club. A,letter of understanding would assure them that the City would permit and encourage them to make the necessary noise improvements during 1982. --Mottaz - would like to tour the facility and have the operation explained. --Morgan - volunteered to work on a committee with the Club. --Jensen - motion dealt with a Special Use Permit. The Special Use Permit is not up for renewal - the Target Range Permit is up for renewal. This makes a considerable difference as to whether we are dealing with a SUP or a Target Range Permit. The Target Range Permit is renewed on a year to year basis. --Mottaz - The Conditional Use Permit (Special Use Permit) is also renewed yearly. --Jensen - As I read the Ordinance the CUP is one that is not renewed on a year to year basis. --Whittaker - This is not my interpretation. Thinks the Ordinance is clear that these are annual permits. Marshall - Concurs;:with Whittaker - we are talking about an annual permit - disagrees with Mr. Jensens interpretation. --Jensen - nothing in the Ordinance that makes the Special Use Permit that the Oakdale Gun Club has a year to year permit. Its a Special Use Permit that was granted originally by the Oakdale Town Board and when Oakdale was incorporated within the City limits of Lake Elmo, was grandfathered in. Have a clause in the Special Use Permit Ordinance that states that all special uses In effect prior to the adoption of the Special Use Ordinance continue in effect. There is nothing in that that makes the Oakdale Gun Club's Special Use Permit a year to year permit. Understands that if came before the Council now and asked for a new Special Use Permit or an amendment, could then tack on a year to year condition. This is not the case here. In the past have renewed the Target Range Permit. This is by ordinance a year to year permit. --Mottaz - On this matter would take the opinion of the City Attorney as opposed to yours. What is before us now is a Special Use Permit. All other SUP's are on an annual basis - does not see how this one differs. Motion stands as stated. --Jensen - CLitb.intends to go ahead with the noise abatement improvements this year. They will advise the Administrator when this work will be done and the schedule they will follow. They intend to follow the outline of recommendations in the noise abatement report. They will also initiate the change for Senior Officer, lead man, as explained previously. Mr. Jensen requested the opportunity to write the Council a letter on their position as to whether this is a Special Use Permit or a Target Range Permit, to be reviewed by the City Attorney. Motion carried 4-0-1. Novak abstained. Mottaz and Morgan will work with the C1ub,..as Council°representatives.