PLEASE NOTE: Date and Time Change Due to Memorial Day Holiday and SR-R High School Graduation

**PLEASE NOTE: Date and Time Change Due To Memorial Day Holiday and SR-R High School Graduation REGULAR MEETING SAUK RAPIDS CITY COUNCIL SAUK RAPIDS GOVERNMENT CENTER, 250 Summit Ave N. Tuesday, May 28, 2013 5:00 PM Start Time MINUTES

5:00 PM. 1. Call to Order and Pledge of Allegiance Mayor Gunderson called the meeting to order at 5:00p.m. Members present: Paul Weber, Nick Sauer, Steve Heinen, and Kurt Hunstiger. Others present: Ross Olson, City Administrator, Todd Schultz, Community Development Director, Pete Eckhoff, Public Works Director, Perry Beise, Police Chief, Terry Wotzka, City Engineer, Adam Ripple, City Attorney, Jason Fleming, Building Official, and Dana Furman, Administrative Services Coordinator. 2. Additions or Changes to the Agenda Councilperson Weber requested to add a Congratulations to the Sauk Rapids-Rice High School graduates as agenda item 11-A. 3. Approve the Agenda Motion: Moved by Councilperson Hunstiger and seconded by Councilperson Sauer to approve the Agenda as amended. Motion carried unanimously. 4. Approve Minutes A. 5-13-13 Regular City Council Meeting Minutes Motion: Moved by Councilperson Weber and seconded by Councilperson Hunstiger to approve the 5-13- 13 Regular City Council Meeting Minutes. Motion carried unanimously. 5. Receive and File NONE 6. Mayor’s Communications NONE 7. Audience Items/Visitors Total Time Limit 10 Minutes for Items NOT on the Agenda NONE 8. Consent Agenda A. Approve and Adopt Resolution Approving Temporary On-Sale Liquor License and Temporary On-Sale 3.2 Beer License For The Benton County Agricultural Society B. Approve Ordinance Revisions For Garbage Hauler Licensing Motion: Moved by Councilperson Hunstiger and seconded by Councilperson Sauer to approve agenda items 8A-8B. Motion carried unanimously.

9. Regular Agenda NONE 10. Other Staff Items A. CSAH 3 (2nd Street North) From 3rd Ave To TH 10 2nd Open House Ross Olson noted that the second open house for the CSAH 3 (2nd Street North) From 3rd Ave To Th 10 will take place on Monday, June 3rd from 4:00pm-6:00pm with a 5:00pm presentation with options listed. This meeting has been posted as a public meeting of the Sauk Rapids City Council.

June 10th Roundabout Public Information Meeting

5-28-2013 Page 1 Terry Wotzka stated that there will be a Public Information Meeting for the Benton CSAH 3 (Golden Spike Road) Reconstruction from TH 10 to CSAH 1. This meeting will take place on Monday, June 10th from 4:00pm-6:00pm at the Sauk Rapids Government Center. Focus of the meeting will be roadway and roundabout design drawings, construction schedule, staging, trail improvements, and construction access.

B. Organized Garbage Hauling Timeline Update Ross Olson said that he will continue to make updates at each meeting until organized garbage hauling is in place. The City newsletter containing a one-page description of how the organized hauling will work should be reaching residents by today or tomorrow. Olson noted that Allied Waste dropped off sample containers at the Sauk Rapids Government Center for residents to come in and view. Olson noted that unless Allied hears otherwise from residents directly, they will be providing each resident with the same size container as what they currently have. Organized hauling begins Tuesday, July 2nd.

11. Other Council Items and Communications A. Sauk Rapids-Rice Class of 2013 Graduates Councilperson Weber said that he wanted to take a minute to congratulate the Sauk Rapids-Rice Class of 2013. He noted that he would like to recognize Mayor Gunderson’s triplets, Jacob, Andrea, and Jessica Gunderson, who all made the top 10 at Sauk Rapids-Rice. Councilperson Weber stated that Jacob Gunderson was ranked #1 in the class.

12. Approve List of Bills and Claims Motion: Moved by Councilperson Heinen and seconded by Councilperson Weber to approve the List of Bills and Claims. Motion carried unanimously.

13. Public Hearings A. Applicant Purpose Firing Line, LLC To Consider A Request For A Conditional Use Permit To Use The Property For A Firearms Training and Education Facility Which Will Include An Indoor Firearms Range at 3409 Mayhew Lake Road NE, Sauk Rapids, MN 1. Open Public Hearing Todd Schultz advised the Council that due to the complexity of the Request For Action, he was going to read his staff report in its entirety. Schultz stated that Firing Line, LLC has applied for a Conditional Use Permit (CUP) and Site Plan approval to allow a retail facility, which will include a firearms range. The facility will also offer firearm training/education and recreational leagues as well.

Schultz provided background on the property, which was platted in 2004 as part of the Fairview Farms Plat. The property had been zoned C-2 at the request of the Developer back in 2004. Schultz pointed out that the C-2 code allows retail as a permitted use so that portion of the request does not require a Conditional Use Permit. He explained that the shooting range however is not clearly listed as a permitted use or a conditional use.

Schultz noted that a couple of years ago, the City received a very similar application that would have allowed a gun range in the old Sauk Rapids Locker across from Coborn’s Superstore. He explained that the D-1 section of the code also had no specific language for a gun range; however, the City made a determination that the proposed use was similar to those other uses in that District by using the “catch all” phrase that had been discussed previously regarding this project.

5-28-2013 Page 2 Schultz pointed out that the property in question is guided neighborhood commercial in the Comp Plan as are the other three corners of Mayhew Lake Road and County Road 29. He said that the City has also approved an apartment in the southeast quadrant of the intersection, about 600 feet south. Schultz explained to the Council that the first step is to determine if the proposed use is consistent with the other uses allowed in this District. He noted that a “catch all” phrase was added to the C-2 District at the last City Council meeting. Schultz said that with the addition of the “catch all” phrase he does believe that the proposed use meets the standards and would be an appropriate use in the C-2 District with conditions.

Schultz said that he has had the ability to visit similar businesses in the State. He shared with the Council the different gun ranges that he had toured as well as what he witnessed at each.

Schultz advised the Council that it is staff’s belief that because the predominant use in this application is retail and that although it is not a perfect fit with the “places of amusement” language in the City code it is substantially similar enough to other uses allowed in the district that it is reasonable of the City to find that the proposed use be considered a Conditional Use within the C-2 section of the code.

Schultz noted that staff has verified that the site plan meets all setbacks and other ordinance requirements. He said that the retail portion of the facility is about 3,210 square feet while the range is about 2,370 square feet. Schultz pointed out that the site plan does show additions, but he wanted to make it clear that the City is not considering the additions portion of the site plan at this time.

Schultz discussed the parking requirements of the C-2 District, which requires 4 parking stalls for each 1,000 square feet of building space. Schultz said that just going off of the retail square footage, 13 stalls would be required in which the applicant is providing 17 stalls. Schultz noted that his concern is with the classroom and what that may or may not mean in terms of parking. He suggested that one solution the parking issue would be to add a condition on the CUP that any cars parked off the improved parking lot would be a violation of the CUP permit. Schultz said that he understands that due to a special event or sale there may 2-4 times a year where cars may be parked on the unimproved parking surface. However, if cars are parked off the hard surface on a regular basis then the applicant would need to provide more parking. Schultz pointed out that by a strict interpretation of the Ordinance, the City would require at least 24 stalls to be installed now, so the City is giving the applicant the benefit of the doubt.

Schultz explained that the purpose of a CUP process is to provide the City with a reasonable degree of discretion in determining the sustainability of certain designated uses upon the general welfare and public safety. He noted that in granting a CUP the City may impose conditions regarding the location, character, and other features of the proposed building structure or use as it may deem advisable. Schultz presented the findings that staff is recommending for approval as listed on page 4 of the Request For Action (RFA). He said that the Planning Commission unanimously approved the application with conditions.

Schultz discussed the Planning Commission’s recommendation regarding sound, which was the following: “only an acceptable level of sound of gunfire shall be heard off the subject property. The applicants will need to provide staff with the determination of what would be acceptable. Staff shall review the applicant’s information to determine if it is acceptable.” Schultz shared with the Council his original recommendation to the Planning Commission as it related to sound: “No sound of gunfire shall be heard off of the subject property. If any sound of gunfire can be heard off of the subject property, the use shall immediately cease.” He said that this is the exact language that was used when the City was approving the gun range that was proposed to go in across from Coborn’s except in that language, the condition stated that no sound could leave the building. Schultz said that the applicant at the Planning Commission meeting expressed significant concern with this condition. He said that they felt that this language could create a financing issue if they interpreted the language to mean that anyone could shut them down if any gun fire noise was heard off of the applicant’s property. Schultz said that the struggle

5-28-2013 Page 3 here is to develop a standard that will protect future commercial uses at this intersection and the existing and future residential uses in the area while not creating a standard that is unnecessarily burdensome for the applicant.

Schultz said that the Applicant has proposed sound conditions based on standards developed by the State in 2005 for existing gun ranges. He shared these noise standards with the Council. Schultz described the different decibel tests he did at the different ranges he toured. He said that he still believes that the best and most reasonable condition for this use based on its location and proximity to existing and future residential homes is a condition that no sound relation to the gun range leave the property. Schultz stated that the Applicant didn’t like this condition and the condition that the use immediately cease if sound can be heard off of the property.

Adam Ripple advised the Council that the original advertisement for this public hearing had the regular 6pm start time listed. He noted that a revision stating that the public hearing would take place at 5:00pm was since ran and posted. Notices of the 5:00pm start time were sent to all of those receiving official notice. Ripple said however that because the original publication listed a 6:00pm start time, the Council cannot close the public hearing until after 6:00pm.

Art Buhs, 473 N. 9 ½ St, spoke in favor of the gun range. Buhs said he believes in providing proper training and education on how to safely use and handle a firearm. He said that he believes that this will be a good business for Sauk Rapids as it will help to pull people in from outlying areas. Buhs pointed out that already at Villages of Creekside there are times where you can hear the distant sound of shooting from the gun range/club that has been in place for some time.

Matt Gaffy, 3277 Old Stone Way NE, stated that as a resident of Villages of Creekside he is concerned about the possible noise coming from the gun range. Gaffy said that he, too, believes in the importance of gun safety. He did question however if there was a better property in Sauk Rapids where this proposed business could go in as this area is very residential. Gaffy questioned what resolution the residents will have if this application is approved and the noise issue becomes a problem.

Mark Ihlenfeldt, 1055 29th St NE, noted that he was a fire arms instructor in support of the applicant. Ihlenfeldt stated that the design of the proposed gun range itself is pretty standard for the industry. He talked about the all-weather aspects that the gun range would provide. Ihlenfeldt said that he believed that this gun range is a great investment for the community as there are not enough gun ranges in the State, especially for professional shooters. He concluded by saying that the NRA is a premier organization for gun range design and they know what they are talking about it and is good at what they do.

Todd Schultz said that the NRA data was stricken from the staff recommendations because of the disclaimers included in the NRA materials. Schultz said that the City wants an Engineer or Architect to sign off on plan.

Jim Baier (Applicant), 1655 Lakewood Shore Road NW, Rice, stated that this range will be a destination, which in turn will bring people into shop and eat in Sauk Rapids as well. Baier explained that there is huge demand for such a use in the area. He said that the gun range and shop will promote safe and responsible gun ownership.

Councilperson Hunstiger asked how many shooting lanes are in the proposed range. Deborah Baier, 1655 Lakewood Shore Road NW, Rice, noted that there will be 6 semi-private lanes. She said that the construction is going to include foam filled concrete block, steel decking, and roof decking. Baier

5-28-2013 Page 4 explained that Action Target is going to be designing the gun range. The desire is for the gun range to be comfortable for both the shooter and from a retail acoustical standpoint.

Councilperson Hunstiger read the application and the applicant’s response regarding noise, which said that no external noises will be heard. He noted that he was recently at a range in the metro area, which was far from state of the art. He compared the range he recently had visited with some of the existing ranges in the area as it came to design and noise being heard from outside the range.

Councilperson Heinen questioned the baffle system on the ceiling. Councilperson Heinen said that he, too, has toured a variety of gun ranges and he found the Mills Fleet gun range to be a great example of what a gun range should be in how quiet it was both inside and outside. He asked that staff show a zoning map of what is planned to go in around this location. Schultz explained that the areas surrounding this site are zoned agricultural, R-1, commercial, and that there is a 60-unit apartment complex planned for this area. It was noted that there are wetlands near this property that will help to create a fairly large buffer.

Councilperson Sauer asked for clarification on the noise issue in terms of what the applicant was stating and what the recommendation is. Schultz reiterated the applicant’s statement of “no external noise” to what staff is recommending in regards to no noise leaving the property.

Councilperson Heinen questioned how long the shooting would occur at night. Jim Baier stated that if there is a league, then 9:00pm would be the latest that shooting would take place otherwise 8:00pm would be the latest of shoot times. Baier discussed larger groups and the desire that the gun range has to accommodate groups, like law enforcement. He also noted that the gun range will have two lanes that are handicap accessible and the hope is to help those who have a handicap or disability to feel more comfortable with guns.

Councilperson Heinen said that some of the decibel ratings were unacceptable. He said that the applicant originally stated that there would be no noise off of the property line. The Applicant noted that there is concern that anyone can arbitrarily say that they are hearing noises and shut the business down. The decibel rating would protect the business. Councilperson Heinen noted that the new language discusses and allows the Applicant to correct the problem. He noted that he doesn’t want to put a decibel rating on this as it in the end will cost the City money and time to measure and track. Councilperson Heinen said that he is comfortable with the foam blocking and materials proposed.

Councilperson Hunstiger again pointed out that the Applicant stated on their application that no external noise will be heard. He agreed with Councilperson Heinen on not wanting to do the decibel meter to monitor noise. Councilperson Hunstiger said that he felt that by the City offering that no noise leaves the property line that is pretty generous and allowing for more than what the Applicant itself has stated.

Mayor Gunderson asked what the estimated retail traffic would be like and if people are just as concerned about the sounds of car doors as they are with the gun shots. Mayor Gunderson said that that he hopes that the business is successful.

Councilperson Weber said that he agrees that proper training and gun safety are very important. He agreed that the City is loosening the standard by putting in the property line language as it relates to noise. Councilperson Weber said that he appreciates that the City will allow the Applicant the opportunity to fix any noise issues before taking serious action as they Applicant will have a great deal of money invested into this business.

5-28-2013 Page 5 Adam Ripple spoke on the enforcement issue should there be concerns raised about the noise. Ripple said that City staff has a long history of working with Applicants and businesses to correct violations and find a solution to problems. He noted that the enforcement will fall to the City.

Todd Schultz said that at the end of the day if there are violations that staff and the Applicant cannot work out, then the Applicant would be brought back in front of the Council to decide the next step of action.

Ripple said that a CUP cannot be pulled without due process, which would require a public hearing.

Councilperson Hunstiger said that there is a history of dealing with noise issues and there is a process in place. He asked the Applicant what type of guns will be allowed at the range. The Applicant stated that rifle rated guns and hand guns will be allowed. There will be no tactical shooting. The Applicant stated that shooters must identify the type of gun and expertise level prior to using the shooting range. A range master will help those with no or little experience.

Councilperson Weber asked if the Applicant was comfortable with the no sound being allowed to leave the property line. The Applicant stated that their goal is to be respectful to the neighborhood. The Applicant said that as long as there is language that will not allow them to be shut down without due process then within reason they will do everything that they can to be respectful. It was pointed out that this building is not an existing building being reconstructed as a gun range, but it is instead a new construction being built specifically as a gun range with gun range standards

Schultz noted that due process is laid out in State Statute.

Marshall William, Sartell, noted that he owns the property closest to this proposed business. William said that the ideas and uses for this business are very compatible with the overall plans for this area. He said that he is here in support of this business. William noted that he believes this business is a great opportunity for Sauk Rapids. He thanked staff for all of the work that they put into this and for working with the Applicant. William said that one benefit of using the decibel system is it gives an exact figure in which to work with and around and leaves less gray area. 2. Close Public Hearing Motion: Moved by Councilperson Weber and seconded by Councilperson Sauer to close the public hearing. Motion carried unanimously. 3. Consider Action Motion: Moved by Councilperson Weber and seconded by Councilperson Heinen to approve a resolution adopting findings of fact and approving applicant’s (Firing Line, LLC) request for a conditional use permit and site plan to allow a firearms training and education facility including an indoor, entirely enclosed firearms range at 3409 Mayhew Lake Road, City of Sauk Rapids with changing condition #3 to now read: No sound of gunfire shall be heard off of the subject property. Motion carried unanimously. 14. Adjournment Motion: Moved by Councilperson Weber and seconded by Councilperson Sauer to adjourn the meeting. Motion carried unanimously.

Mayor Gunderson adjourned the meeting at 6:15p.m. Respectfully Submitted,

Dana Furman Administrative Services Coordinator

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