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Planning Commission Minutes — June 14, 2007 <br />Page 2 <br />Staff had provided a draft of an amended CUP to the Planning Commission for their <br />consideration. Changes included deleting the restriction of members, deleting the reference that <br />allowed the City to set more restrictive noise levels than the Standards, clarifying the physical <br />size of the club could be expanded to include lands for buffering and noise mitigation, adding the <br />club could be open to members of the public, and changing the language that would allow <br />changes to the facility. <br />McRoberts asked about the noise and buffering and if allowing it on other property would be <br />considered expansion of the range. The CDD stated BESA would be bound by their site plan. <br />Schumann noted that since there were no formal complaints, it should be concluded they are not <br />out of compliance. <br />Pat Steinhoff, attorney for BESA, stated the DNR had temporarily adopted the National Rifle <br />Association's Range Source Book for the shooting range standards. <br />Al Savage, President of BESA, said the Club had hired Al Perez to conduct a noise study in <br />2005, and the Club had come in well below the established standards. BESA had spent tens of <br />thousands of dollars in sound abatement and were working with the state on funding. <br />Schumann said that with greater control came greater responsibility, and he asked that BESA <br />demonstrate the most positive side they could as good neighbors. <br />Steinhoff said he agreed with the City attorney that the City was under no obligation to change <br />the CUP, but since the applicant had asked it be changed to comply with state law, it would <br />somewhat limit the City's discretion. <br />Schumann opened the public hearing. <br />Kevin Rhodes, 12160 Upper Heather Avenue, said the application for an amended CUP was <br />unfortunate and disappointing. The Club had stated they had no intentions of expanding and <br />they wanted to be good neighbors. Now they were asking go get what they said they didn't <br />want. He pointed out that the City Attorney said it didn't need to be amended and the original <br />CUP could be kept as a baseline; they wanted to have it to go back to if the State Statute was <br />ever changed. He said he agreed to the staff's proposed changes except the ambiguity of the <br />condition regarding the changes to the physical operation being increased. He also requested a <br />condition be added to require BESA show they are in compliance with the NRA handbook. He <br />passed out a memo with proposed conditions by the neighborhood. Those conditions asked for <br />proof of compliance with impulse noise levels because there would be more noise with <br />additional members, evidence be provided to the City that BESA is in compliance with the NRA <br />Source Book, and a comprehensive environmental assessment be done because it was unknown <br />how much lead was in the soil, groundwater, and surface water. He agreed with Schumann's <br />statement that with additional rights should come additional responsibilities. <br />Tom Schmidt, 12280 Goodview Avenue North, asked if the Commission was there to support a <br />special interest group, and he asked they give it due diligence; what was the rush, they didn't <br />know if they were in compliance or not. Nothing was discussed about the hours of operation, <br />