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HomeMy WebLinkAbout2007.06.14 PC MinutesMINUTES HUGO PLANNING COMMISSION JUNE 14, 2007 Call to Order Chairman Schumann called the meeting to order at 7:00 p.m. PRESENT: Bailly, Kleissler, McRoberts, Moore, Rosenquist, Schumann ABSENT: Weidt ALSO PRESENT: Bryan Bear, Community Development Director (CDD) Kendra Lindahl, Planner Michele Lindau, Secretary Approval of Minutes of May 24, 2007 Schumann made motion, Moore seconded, to approve the Planning Commission minutes of May 24, 2007 as amended. All Ayes. Motion carried. Bald Eagle Sportsman Association CUP Amendment The Commission considered the application of the Bald Eagle Sportsman Association (BESA) Gun Club, 6557 125th St. N., for an amendment to their Conditional Use Permit to make it more consistent with the recently adopted state law in regard to improvements they make to the property, activities and membership. The Club is located on the south side of 125th Street, approximately 1/4 mile east of Goodview Avenue and consists of three rifle ranges and a trap/skeet shooting range. The CDD explained that the Club had been operating under a Special Use Permit (Conditional Use Permit-C.U.P) for several years. Most recently, the permit was amended to allow for the addition of lights on the property. In 2005, the BESA hired a noise expert to conduct a study of the noise generated by the ranges. As a result of the study, the gun club began installing noise mitigation measures around the rifle ranges. Legislation was approved in 2005 that resulted in a new state statute called the "Shooting Range Protection Act" which sets standards and grants some protection to a shooting range if it is in compliance with the shooting range standards. He explained that if BESA complies with the standards, it would seem that according to the statute, the City must allow BESA to operate the range, expand or increase membership, make improvements required to meet the shooting range standards, increase events or activities, and acquire other lands if the property is used for buffering or noise mitigation. The City Attorney has opined that despite the inconsistencies, the City is not obligated to make changes to the SUP, as long as the club is allowed to operate in a manner that is consistent with state law. Planning Commission Minutes — June 14, 2007 Page 2 Staff had provided a draft of an amended CUP to the Planning Commission for their consideration. Changes included deleting the restriction of members, deleting the reference that allowed the City to set more restrictive noise levels than the Standards, clarifying the physical size of the club could be expanded to include lands for buffering and noise mitigation, adding the club could be open to members of the public, and changing the language that would allow changes to the facility. McRoberts asked about the noise and buffering and if allowing it on other property would be considered expansion of the range. The CDD stated BESA would be bound by their site plan. Schumann noted that since there were no formal complaints, it should be concluded they are not out of compliance. Pat Steinhoff, attorney for BESA, stated the DNR had temporarily adopted the National Rifle Association's Range Source Book for the shooting range standards. Al Savage, President of BESA, said the Club had hired Al Perez to conduct a noise study in 2005, and the Club had come in well below the established standards. BESA had spent tens of thousands of dollars in sound abatement and were working with the state on funding. Schumann said that with greater control came greater responsibility, and he asked that BESA demonstrate the most positive side they could as good neighbors. Steinhoff said he agreed with the City attorney that the City was under no obligation to change the CUP, but since the applicant had asked it be changed to comply with state law, it would somewhat limit the City's discretion. Schumann opened the public hearing. Kevin Rhodes, 12160 Upper Heather Avenue, said the application for an amended CUP was unfortunate and disappointing. The Club had stated they had no intentions of expanding and they wanted to be good neighbors. Now they were asking go get what they said they didn't want. He pointed out that the City Attorney said it didn't need to be amended and the original CUP could be kept as a baseline; they wanted to have it to go back to if the State Statute was ever changed. He said he agreed to the staff's proposed changes except the ambiguity of the condition regarding the changes to the physical operation being increased. He also requested a condition be added to require BESA show they are in compliance with the NRA handbook. He passed out a memo with proposed conditions by the neighborhood. Those conditions asked for proof of compliance with impulse noise levels because there would be more noise with additional members, evidence be provided to the City that BESA is in compliance with the NRA Source Book, and a comprehensive environmental assessment be done because it was unknown how much lead was in the soil, groundwater, and surface water. He agreed with Schumann's statement that with additional rights should come additional responsibilities. Tom Schmidt, 12280 Goodview Avenue North, asked if the Commission was there to support a special interest group, and he asked they give it due diligence; what was the rush, they didn't know if they were in compliance or not. Nothing was discussed about the hours of operation, Planning Commission Minutes — June 14, 2007 Page 3 and he asked that they stop shooting at 7:00 p.m. so they would have some quiet time in the evenings. Melinda Lopes, 12160 Upper Heather Avenue North, said BESA should withdraw their application if they were going to be good neighbors. The CUP as it stood today was a balance of 50 years of negotiations with the City, BESA, and neighbors. She added that those who bought homes in her neighborhood had looked at the CUP to know under what conditions the Club was run. She also questioned why they were paying higher taxes than BESA. Kristy Devor, resident in the neighborhood south of BESA, said she wakes to gunshot on Saturday mornings and was in the Dellwood Ridge neighborhood a few years ago and was surprised at the noise from BESA. David Holm, 6460 125th Street North, said BESA membership was at approximately 62 people when he purchased his home. There were now 300 members who are allowed to bring four guests, and now it will be open to the public. He also said the noise study was not done during the DCM shoots where there is excessive pistol and rifle noise. The CDD explained it was done during the DCM shoots. He added that the Statute allows the hours of operation to be 7:00 a.m. to 10:00 p.m. but BESA would be keeping the hours stated on the CUP which was 8:00 a.m. to 8:00 p.m. Monday through Friday, and 10:00 a.m. to 5:00 p.m. on Saturdays. Holm said he was not totally against the club being there; they do serve a good purpose such as gun safety training. He had concerns about increasing traffic and alcohol consumption on the site. Dusty Clasen 12375 Upper Heather Avenue, said he moved there in December and BESA was a big factor in their decision. He was concerned about the effects on his three-month old daughter, and he said it sounded like the statute applied to a new club, not an existing one. Dan Johnson, 12170 Upper Heather Avenue, said he hated the noise and thought the Commission should delay their decision until they have all the information. Don Schreifels, 13125 Goodview Avenue North, said he moved there in 1977 and has been a member of BESA for 28 years. The Club was a big part of his and his family's life and was considered an asset when they moved in. The area was considered country and he lived across from a pig farm that smelled for 30 years but he didn't complain because he knew it was there when he moved in. Tim Agness, 12136 Everton Avenue North, said he was a member of BESA, was a resident of Hugo for 20 years, and that many members were Hugo residents. He said he lives on Bald Eagle Lake and hears the noise, but he knew it was there and has learned to accept it. He also said asking BESA to prove they met all the standards would be a burden on the Club. Grace Axelson, 12317 Goodview Avenue North, was present with her son who lived in Planning Commission Minutes — June 14, 2007 Page 4 Shoreview. They said they had never experienced peace and quiet, and the noise had disturbed her for 50 years. She said the only reason the Club has a CUP was because of their complaints years ago. She showed the Commission a petition from 1978 signed by residents. Her son said there were many wonderful things going on in Hugo but does not think a larger gun range would help Hugo's reputation. He said the Club believed and assumed things but has never shown any hard data, and increased membership is not justified. Kelly Olson, 12190 Upper Heather Avenue North, said she lived there for three years and heard the noise when they were considering buying the home but it must have had been a low-level night because it is very different at different times. She said she had tried to fight the Act, and was against the expansion of membership. She asked about the lead testing. Dave Espe, 12841 Graystone Court, said he became a member five years ago and BESA provides a safe place to shoot. He questioned the manner of safety of the shooting activities going on in some back yards of residents. Pete Koehn, 12180 Upper Heather Avenue, said he enjoys hunting and shooting and he knew the club was there when he moved in. He has two boys; one with autism who he worries does not understand the danger of wandering towards the club, and he worried about the effect of the noise on him. He said he has no issues with the club being there, just with expanding it. He agreed that it provided a safe place to shoot, and just because asking them to show compliance would be tough, they should still do it. He asked that BESA do the right thing for the neighborhood. Mike Fleischhaker, 16040 Jeffery Avenue North, said he lived north of Wildwings Game Farm, which was less regulated than BESA. He was a member of BESA and had shot at there for 25 years. He did not think the noise would expand because only so much shooting could take place at one time. There were no other comments so Schumann closed the public hearing. Rosenquist asked what the time frame for action on the application was. The CDD said it was subject to the 60 -day rule and the City had already extended it to 120 days. It could be extended longer if BESA granted it. Kleissler asked about other gun clubs and their proximity to other neighbors. A lot of what she read in the statute seemed to not apply in the metro area. The CDD was unsure what other clubs do and it was up to the DNR to enforce the terms of the statute. McRoberts said it bothered him that alcohol was consumed on the site. He said he had experienced the impact of development and had a hard time of promoting the idea of expansion. The neighbors moved in knowing what was there, and that was what was included in the CUP, so the existing CUP should be honored. Planning Commission Minutes — June 14, 2007 Page 5 Bailly agreed with Ron and did not believe the noise level would be going up. Rosenquist said the site plan only showed so many ranges. McRoberts said it would depend on whether all lanes were always in use. Rosenquist asked staff about the taxes. The CDD responded that the uses on the property were different and he had not spoken to the City Assessor about it. McRoberts asked how the City enforced the CUP. The CDD explained the CUP was reviewed on a bi-annual basis, and enforcement on a complaint driven basis; it was clear the neighbors were paying attention to the club. McRoberts questioned increased membership. The CDD explained BESA had the right to increase membership, and should the legislation change and the existing CUP become enforceable again, the City would be in the position of requiring BESA comply by eliminating some members. Rosenquist asked about alcohol consumption and if the NRA addressed it. Al Savage said he was not sure it was enforceable, and common sense says you do not do it. Rosenquist asked about lead shot and how BESA would increase membership. Savage said new members would be phased in. Hugo residents were put on the top of the list, and there were 15-20 Hugo residents on the list with approximately 60 Hugo residents as members. Lead abatement had been done approximately four times, and the DNR was looking for people to do it. He said some studies have shown lead shot oxidizes over time. Schumann questioned how to deal with the noise compliance issue in a fair manner and wondered how other clubs dealt with it. The CDD said the CUP was reviewed December 1 of the even numbered years, and noise compliance could be checked at renewal. McRoberts suggested denying the amendment to the CUP and adding a provision they prohibit the sale or use of alcohol. McRoberts made motion to deny the request for an amended Conditional Use Pen -nit for Bald Eagle Sportsman Association. Planning Commission Minutes — June 14, 2007 Page 6 Motion died for the lack of a second. Rosenquist made motion, Schumann seconded, to recommend approval of the amended CUP for the Bald Eagle Sportsman Association as drafted by City staff. Rosenquist made motion, Schumann seconded, to amend the motion by adding a requirement to condition number 19 of the draft CUP that noise testing results are provided to the City as part of the renewal of the CUP, and noise testing is conducted during the summer shooting season. All voted Aye on the amendment. Motion carried. Kleissler made motion, Rosenquist seconded, to amend the original motion by adding a provision the club demonstrate compliance with the shooting range performance standards as outlined in the MN State Statute 87A.02 and all cost be incurred by the Association. All voted Aye on the amendment. Motion carried. Vote on original motion: Aye: Bailly, Moore, Schumann, Rosenquist Nay: Kleissler, McRoberts The Commission took a short break Comprehensive Plan Update The Planner provided an update on the Comprehensive Plan Workshop that was held in May, 2007 and reminded the Commission of the workshop scheduled for Wednesday, June 20, 2007 at 7:00 p.m. at Hugo City Hall. The Commission discussed dates for the next workshop and suggested Thursday, July 19, 2007. The Planner said she would provide that date to the Council for consideration. Adiournment McRoberts made motion, Rosenquist seconded, to adjourn at 9:26 p.m. All Ayes. Motion carried. Michele Lindau, Secretary Planning Commission