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City Council Minutes Page 7 <br />July 16, 2018 <br />Ms. Goodin estimates these road closures are necessary 4-5 times per year and <br />require a formal written plan be submitted to MnDOT. <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 13a' 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 Councihnember <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 />PANEAEI AT <br />NATURE <br />