Loading...
HomeMy WebLinkAbout2003.04.24 PC MinutesMINUTES HUGO PLANNING COMMISSION April 24, 2003 Call to Order Chairperson Schumann called the meeting to order at 7:00 p.m. PRESENT: Bailly, Kleissler, Malaski, McRoberts, Peltier, Rosenquist, Schumann ABSENT: None ALSO PRESENT: John Rask, Community Development Director Michele Lindau, Planning Commission Secretary Minutes of April 10, 2003 Malaski made motion, Peltier seconded, to approve of the minutes of April 10, 2003 as submitted. All Ayes. Motion carried Bald Eagle Sportsman Association Amended CUP The Planning Commission held a public hearing to consider the request of the Bald Eagle Sportsman Association (BESA) to amend the conditional use permit for 6557 125th Street North by removing condition 21, which states that the use of muzzleloaders are not permitted to use in the facility. The Community Development Director explained that BESA became non -conforming when the zoning had changed from Agricultural to Rural Residential in 1999. A condition of the existing conditional use permit prohibits the use of muzzleloaders at the facility. In researching the past history of this site and the conditional use permit, staff could find no background information as to why muzzleloaders were prohibited. The City Attorney had reviewed the existing conditional use permit and the non -conforming status of the operation and found that the City could amend the conditional use permit to allow muzzle loading firearms, if it is found that the amendment would not substantially alter the nature of the existing use or expand the non -conformity. Chairman Schumann opened the public hearing. Dennis Schreifels, 13125 Goodview Avenue North, said he was a member of BESA and was at Planning Commission Meeting April 24, 2003 - page 2 the meeting to represent BESA. He explained that hunting is permitted in Hugo and many hunters use muzzleloaders and need a place to practice. Muzzleloaders can legally be discharged in Hugo except on BESA property. Schreifels said he felt that it would not be an increase in activities. Steve Fluger, 6570 125th Street North, said he has lived across the street from BESA for four years and has no problem with the present use but feels permitting muzzleloaders would increase the usage and bring traffic beyond an acceptable level. McRoberts asked Fluger how it would increase the use and Fluger said he felt people would visit BESA more frequently. Schumann asked where on the property muzzleloaders would be permitted and Schreifels said it would be the same place where rifles are shot and there is more berming. Dean Nephew, 1220 Upper Heather Avenue, said he felt there would be more shooting and asked if it would be opened to non-members. Schreifels explained that the current members are permitted to bring up to three guests, and it would be open to the public on open -shoot days. McRoberts said the intensity was already permitted and allowing muzzleloaders would not increase what was already allowed. Mark Houston, 12250 Upper Heather Avenue, recalled the City meeting in 1995 where the use of muzzleloaders was voted down in exchange for increasing the number of Sundays the BESA was allowed to be opened. Mr. Houston also said he believed that an increase in technology provided the ability for more rapid fire weapons and he did not approve of the police department using the facility for their drills. Rosenquist explained that technology has not changed these weapons. Houston said BESA needed to find a less populated area, and he asked how many times BESA was permitted to request amending their permit to allow the use of muzzleloaders. Schumann replied that BESA could request the amendment every six months. McRoberts said he felt that there would be no more noise than what was already permitted. Cliff Nelson, 12317 Goodview Avenue North, indicated that he had lived all his life on property bordering BESA and his wife was extremely stressed from listening to the constant gunfire. Axelson said he felt that the Sheriff's Department was taking advantage of using BESA for their SWAT drills. McRoberts asked how many law enforcement groups used BESA and Schreifels responded that only Washington County used it and they had an officer that coordinates the program. Schumann asked if Schreifels could provide a log from the department for the City Council meeting and Schreifels said he could. Hays Batson, 12165 Upper Heather Avenue North, said the he had no knowledge of BESA when he purchased his home two years ago and will leave if the noise intensifies. He said he enjoys living in Hugo but the noise from BESA is very loud. Kevin Rhodes, 12160 Upper Heather Avenue North, said that the noise on the weekends is non- Planning Commission Meeting April 24, 2003 - page 3 stop and scares his children. He wondered what it would take to completely shut BESA down. Dan Johnson, 12170 Upper Heather Avenue North, said it was a public nuisance, and it was wrong to expand on it. Tom Drewry, 12674 Hilo Avenue North, said he would like to see the use of muzzleloaders permitted. Jean Nelson, 12350 Upper Heather Avenue North, said she and her neighbors were not notified because they were outside the 350' mailing radius; therefore, had little time to research the background on the issue. Nelson said she felt psychological and emotional damage could occur due to listening to disruptive gunfire and once muzzleloaders were permitted, it would be hard to reverse the decision. She recalled a City Council meeting where she said she remembered BESA saying they wanted to be good neighbors and use noise abatement. She questioned whether it had ever been done. She commended the Planning Commission on all their work on the Comprehensive Plan but said she failed to see where muzzleloading guns came into play. She inquired on how many of the members were Hugo residents and she referred to an article on lead that indicated outdoor firing ranges put more lead into the atmosphere than industries. Schreifels said they reclaim lead at the range according to EPA's guidelines. Jeff Gruett, 7285 137th Street North, said he lived approximately one mile northeast of BESA and could hear the noise from his house but was not bothered by it. He said it did not make sense that he was allowed to discharge a muzzleloader on his property but not at BESA. He recalled a previous City Council meeting where a Council Member said that people buying property in the area should be made aware of the existence of BESA. Rick Lessard, 7342 125th Street North, said he thought BESA was a nuisance and the City should be considering restricting it, not expanding on it. Tom Crever, 12942 Ingersoll Avenue, said he felt it would not be intensifying the use, only allowing another type of weapon to be shot. Dave Holm, 6460 125th Street North, said he approved of BESA working with area boy scouts and offering gun safety programs but he was against the use of muzzleloaders because of noise and traffic issues. McRoberts said he does not see it as being an increase in intensity over what was already permitted. He also pointed out the condition in the existing permit that stated the City could set more restrictive levels, if needed, because of the general quiet nature of the City. The Community Development Director informed the Commission that there was discussion at the state level to prohibit cities from regulating gun clubs because some communities have put unreasonable restrictions on gun clubs. Rosenquist commented on the time it takes to reload a muzzleloader saying that the rate of fire could decrease. Planning Commission Meeting April 24, 2003 - page 4 Peltier pointed out that a muzzleloader could be discharged on her own property. Malaski said that she would rather have people sighting in their muzzleloaders at the range rather than their backyards because it was safer at the club. She was also reluctant to recommend decreasing the SWAT team's ability to use the range for their drills but would like to see less people out there at a given time. McRoberts asked if BESA would consider reducing other provisions of their permit, and Schreifels said BESA did not come to negotiate. Rosenquist agreed that he would rather have people using the gun club than his back yard. He also said that it was apparent to him that the use of Wild Wings Game Farm had increased over the years. Schumann asked what was being done about sound abatement, and Schreifels said that there was ongoing technology, ranges were bermed, stations had carpet to reduce the noise, and reforestation projects were ongoing. Malaski suggested Washington County be made aware of the starting time permitted for SWAT drills, and ask them to reduce the number of participants at a given time. Bailly asked if a condition should be put on the permit to reduce use of muzzleloader on the range to members only, and Malaski said that would be hard to enforce. Kleissler asked if BESA was currently in compliance and the Community Development Director replied that it was in compliance last fall when their permit was being reviewed, and there have been no complaints. Kleissler asked when the last time lead had been removed and Schreifels said it had been removed from the rifle and pistol stations two years ago and from the shotgun stations four years ago. McRoberts asked that John research MPCA's provisions for lead. Schumann asked what BESA did for youth activities and Doug Stebbens, BESA President, said the DNR conducted firearm safety training and the Boy Scouts held activities there. Bailly wondered if the potential homeowners in the area were being notified of BESA's existence. Malaski made motion, Rosenquist seconded, to approve the draft amended Conditional Use Permit with a change specifying that muzzleloaders must be handheld, a condition added to require the BESA meet MPCA requirement for lead, and BESA to notify Washington County Sheriff's Department to make them aware of permitted shooting hours. Ayes: Bailly, Malaski, Peltier, Rosenquist, Schumann Nay: Kleissler, McRoberts Motion carried. Planning Commission Meeting April 24, 2003 - page 5 The Commission took a short break. AT&T Wireless/Lessard Nyren Amended CUP The Planning Commission held a public hearing to consider the request of AT&T Wireless, 2515 24th Avenue South, Minneapolis, for approval of a conditional use permit amendment to locate wireless antennas on an existing tower at 17385 Forest Lake Boulevard North and locate two equipment cabinets on a 5 -X6 -foot slab at the base of the tower. The property is owned by Lessard- Nyren Utilities and the tower is owned by Sprint. The Community Development Director explained that the applicant needed the antennas to improve coverage and increase capacity. Malaski asked what the cabinets were made of and Steve Truman from American Tower said they were prefabricated cabinets, designed for outdoor use, and approximately the size of a pop machine. Malaski asked about landscaping requirements around the cabinets and Truman indicated that they would be located in the rear of the lot and would not be visible. Malaski indicated that she was worried about future development of the area, and Truman said the cabinets were gray and would be located within the Sprint compound. Truman said that it was mostly wetlands behind the building. Malaski made motion, McRoberts seconded, to amend the Conditional Use Permit for 17385 Forest Boulevard North to permit additional antennas on the existing tower and to locate two equipment cabinets on the site. All Ayes. Motion carried. Amendment to Comprehensive Plan to Adiust MUSA Boundary On April 10, 2003, the Planning held a public hearing and tabled action on the request of the City of Hugo for a Comprehensive Plan Amendment to include approximately 84 gross acres (46 net acres) within the MUSA. The property is east of Highway 61 and south of 165th Street. The Commission tabled the request to allow the City Engineer and the City Attorney an opportunity to review the matter and provide options on how to deal with the inconsistency between the zoning map and the comprehensive plan. The Community Development Director obtained information from the City Attorney and City Engineer and provided the following options to the Commission: 1. Deny MUSA and rezone property. 2. Deny MUSA and pursue an ordinance amendment to allow some interim or phased development of the property until sewer becomes available. 3. Recommend land be included in the MUSA. The Community Development Director explained that the Metropolitan Council might deny the request if the City cannot show how it would be serviced and when. Planning Commission Meeting April 24, 2003 - page 6 Schumann reopened the public hearing. Frank Puleo, 6375 165th Street North, explained that the ditch prof ect was initiated by the former City Administrator. The project involved the property owners to participate in and pay for a water study to remove areas in the floodplain by cleaning the ditch. Puleo said property owners were promised the zoning would be changed to General Business and Urban Residential, and he said he felt it was unfair for the property owners to wait any longer since the City created this problem. Bev Aplikowski, 16300 Forest Blvd. N., said that an interim or phased development does not appeal to her and would like to move forward and see it put in the MUSA. Schumann recessed the public hearing. Malaski made motion, Peltier seconded, to table the request to allow property owners and staff to work together to determine how the properties can be serviced. All Ayes. Motion carried. Miscellaneous Discussion The Community Development Director told the Commission there was going to be a meeting May 15, 2003, for the purpose of identifying transportation issues related to the County 14/I35 interchange. Members of the Commission questioned whether the City should increase the mailing notice requirement beyond the 350' as required by state statute. The Commission directed staff to add it to the next available Planning Commission agenda. Adjournment McRoberts made motion, Malaski seconded, to adjourn at 10:03 pm. All Ayes. Motion carried. Michele Lindau, Secretary Planning Commission