11-15-83 CCM - Laserfiche WebLink

Home Browse Search

Lake Elmo City Council Meeting 11-15-83 Page 7 Since approval of the application would take four positive votes to pass, and there were only four Council members present, Mr. Nelson requested that he be able to make his presentation so as it get a general feeling of how the Council felt about this application. Nelson presented his proposed site plan and a soil map of the ten acres he intends to develop. He discussed the covenant that was suggested by the Planning Commission. ie; each prospective buyer would be informed of a potential noise nuisance before making a purchase on this site. Klaers stated that he discussed the proposed covenant with the City Attorney, and his opinion is that a covenant attached to a development agreement and filed at the County would be feasible. Dunn asked how effective a covenant would be, and Klaers stated that that would be something the City Attorney would best answer. However, it would mean that the City had made every effort possible to protect any prospective buyer. Eder asked Mr. Waterous (Gun Club President) if the Gun Club was opposed to the proposed development, and if so, to what extent. Mr. Waterous stated that if the track to the west of the Gun Club (the Hammes prperty) was to develop, it could put pressure on the Club to move the ranges that are on the west side over to the ( east side. That there is now a minimum of clearance on the east side, so there is the possibility of a future request to move some of the ranges over to the east, and with a cluster of homes there, it could present a problem to the Gun Club. Denny McCarty (President Elect of the Gun Club) stated that a covenant will not prevent anyone from offering litigation against the existance of the Gun Club. He further stated that if this application is approved, the Gun Club would like it on record that they are very much in favor of a covenant, but do not consider it a safety wrap for the Club. He also pointed out that the issue of safety was not given much concern by the Planning Commission. The Gun Club would have to be satisfied that some steps were taken to provide complete safety to the people in the homes just outside the area of the range. Eder stated that he did not agree that local children were going to be a problem. That by introducing any new families in the area to the Gun Club could eliminate the curiosity. Mazzara stated that Mr. Nelson's proposal was quite different than the original Nelson/Hagman proposal and could go along with this new proposal. ! Dunn statedthathe would not vote in favor of the application at this meeting as a more serious look should be made at the drainage, etc. Furthermore, Mr. Nelson has indicated that there is going to be a difference of opinion as to what constitutes safety, noise levels, etc, and that we had better be prepared for some form of dispute over these land uses.