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City Council Minutes Page 7 <br /> July 16,2018 <br /> ----------------------------- <br /> Councilmember Ovall agreed the 10:00 p.m. closure on Thursdays was fine with <br /> him. He found the tour informative and felt the ERX ownership was attempting to <br /> be accommodating. <br /> Councilmember Wagner wants to be clear on the newly added 13"' condition. She <br /> wondered if it covered all noise,including concerts and questioned how should <br /> concerts reduce their noise after 10:00 p.m. <br /> Mr. Swanson asked if the sound levels can be tested at a later date if the speakers are <br /> pointing east and the volume seems excessive. <br /> Councilmember Wagner suggested 1-2 total concerts per year go to 11:00 p.m. <br /> City Attorney Beck did not recommend exceeding the state noise standard. <br /> Councilmember Wagner contemplated if the Council should implement the 13"' <br /> condition now or revisit it later. <br /> Mr. Leeseberg pointed out that live entertainment is a newly allowed event at ERX. <br /> City Attorney Beck said conditions cannot be added to a Conditional Use Permit <br /> (CUP) after it has been passed. However,if a condition went in and the city saw a <br /> problem,it could be revisited to adjust and strike a balance. <br /> Councilmember Wagner asked if it was reasonable for ERX to apply for a special <br /> event permit when they wanted a concert to go past the time allowed in the MPCA <br /> Guide to Noise Control. <br /> City Attorney Beck and Councilmember Westgaard recommended leaving as staff <br /> proposed. If challenges arise the CUP can be revisited in the future and they could <br /> still apply for Special Event permits. <br /> Mr. Carlton pointed out that approving the condition as written would give the <br /> Council a noise standard to come back to in the future should the tested noise levels <br /> be exceeded. <br /> Moved by Councilmember Westgaard and seconded by Councilmember <br /> Olsen to approve Conditional Use Permit CU 18-10 with the following <br /> conditions to satisfy the standards set forth in Section 30-654: <br /> 1. No more than five Special Event Recreational Camping events per <br /> year can occur on the aggregate properties that are encompassed with <br /> this Conditional Use Permit request. <br /> 2. The hours of operation shall be: <br /> a. Sunday through Wednesday 7:00 a.m. —9:00 p.m. <br /> b. Thursday 7:00 a.m. —10:00 p.m. <br /> c. Friday and Saturday 7:00 a.m. —11: 00 p.m. <br /> UREJ <br />