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CC Minutes 10-26-2015Chanhassen City Council – October 26, 2015 Councilman McDonald: I’d like to make a motion that the City Council adopts the resolution certifying delinquent utility accounts to the County Auditor. Mayor Laufenburger: And the delinquent code violations as well? Code enforcement accounts. Councilman McDonald: And also that the City Council adopts the resolution certifying delinquent code enforcement accounts to the County Auditor. Mayor Laufenburger: Okay, the motion is that the City Council adopts the resolutions certifying both delinquent code enforcement accounts and delinquent utility accounts to the County Auditor. Is there a second? Councilman Campion: Second. Mayor Laufenburger: Thank you Mr. Campion. Is there any discussion? Resolution #2015-66: Councilman McDonald moved, Councilman Campion seconded that the City Council adopts the Resolution Certifying Delinquent Water and Sewer Accounts to the County Auditor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2015-67: Councilman McDonald moved, Councilman Campion seconded that the City Council adopts the Resolution Certifying Delinquent Code Enforcement Accounts to the County Auditor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A 15,000 SQUARE FOOT INDOOR GUN RANGE (STOCK AND BARREL) ON PROPERTY LOCATED AT 18832 LAKE DRIVE EAST; LOT 1, BLOCK 1, CHANHASSEN EAST BUSINESS ND CENTER 2 ADDITION; APPLICANT: JEFF BERENDS, GRINDSTONE CONSTRUCTION SERVICES/PROPERTY OWNER: CSM INVESTORS, INC. Mayor Laufenburger: Do we have a staff report this evening? Bob Generous: Thank you Mayor, council members. Mayor Laufenburger: Mr. Generous, good evening to you. Bob Generous: This is weird. It doesn’t look like that on my screen. The applicant, well it was originally Grindstone Construction Services. They modified their application. There you go, thank you. To note that Midwest Armory, Limited Liability Company will be the actual entity running this operation and so they filled out the, re-filed the application for that. CSM Investors are the property owners and management company for this development. The Planning 12 Chanhassen City Council – October 26, 2015 Commission held a public hearing on October 6, 2015 to review the proposed development. At that time the applicant presented an extensive review of how the actual construction activity and the safety and sound proofing of the facility would be done. The Planning Commission voted 5 to 0, 5 for and zero against a motion to recommend approval of the conditional use permit. Property is located at 18832 Lake Drive East. This is on the east side of town just off of Dell Road and Highway 5. It’s the third building in on the, in the CSM development out there and it’s actually the corner, northeast corner unit within the building. This is located within Hennepin County. It’s one of the few areas of the community that are in Hennepin County. The property is zoned industrial office park and conditional, indoor gun ranges are a conditional use permits within the IOP District. In 2011 the City did amend our city code to make it a conditional use in this district. At that time we had someone that was interested but they never came forward so it’s been dormant until recently. Again the proposed location of this facility would be in the northeast corner of an existing building. The total building square footage is 64,000 square feet. They’re taking about 15,000 square feet. Currently there’s 34,000 square feet of this building that’s vacant so there’s additional vacant space just to the south of where they’re proposing to go in. Again this is a breakdown. The existing users on the west end of the building. They’re going in the northeast corner and there would be additional space for tenants south of this unit. As part of their construction they will be required to sound proof it and make it safe so that all the ammunition that would be fired in there and all the noise would be contained to the unit. One of the things we looked at in reviewing this was the amount of parking that was existing out there. Staff went to the site when, one afternoon in there were 11 vehicles parked and they have over 140 around the building so. This is a generalized schematic layout of the facility that they’re proposing. The majority of the unit, about a third of it would be in the gun range itself and then they would have classrooms, common area. Some retail space within the middle of the place and then membership. Seating and lounge areas. The commercial or retail area that they’re proposing would be in the store front area and it represents less than 20 percent of their total space so really it’s the services that they’re providing. The training and the gun range are the primary use of this facility. Staff is recommending approval of the CUP for nd Lot 1, Block 1, Chanhassen East Business Center 2 Addition subject to conditions of approval in the Planning Commission staff report and adoption of the Findings of Fact that the Planning Commission had done before. With that I’d be happy to answer any questions. Mayor Laufenburger: Alright, thank you Mr. Generous. Just as, for the record there was a, this item came before the Planning Commission, was it last month? th Bob Generous: October 6. th Mayor Laufenburger: October 6 and at that time there was discussion. There was also a public hearing at that time is that correct? Bob Generous: That’s correct. 13 Chanhassen City Council – October 26, 2015 Mayor Laufenburger: Let’s see, before I have the applicant come forward is there any questions of staff by council? Councilman Campion: Not at this time. Mayor Laufenburger: Well prepared Mr. Generous. I just have the one. If we give approval to this, will this come back before the council again? Bob Generous: Only if we’re trying to void it. Mayor Laufenburger: But the assumption is that all of the findings, all of the conditions will be met by the applicant is that correct? Bob Generous: Oh yes. Yes. Mayor Laufenburger: And who’s responsible for insuring that the applicant meets all of those conditions? Bob Generous: The staff will review it as part of the building permit application. That they have, meet all those standards. Additionally we will rely on any complaint that we receive out there and then work with the applicant to address any of that. Mayor Laufenburger: Okay. Bob would you do me a favor and would you bring back, there. That one right there. What is north? Bob Generous: North would be to the right. Mayor Laufenburger: Okay, so in fact the gun range is in an interior portion of the building as opposed to against an exterior portion of the building, is that correct? Bob Generous: That’s correct. Mayor Laufenburger: Okay. Alright. Thank you for that clarification. Is the applicant with us tonight? And if so would you like to address the council? Not required but I welcome you to do so if you’d like. Please state your name and your address. Jeff Berends: Mayor, council, Jeff Berends from Chaska, Minnesota representing Grindstone Construction. Mayor Laufenburger: So you are the, you are the builder of the. Jeff Berends: Correct. 14 Chanhassen City Council – October 26, 2015 Mayor Laufenburger: The inside, is that correct? Jeff Berends: That’s correct. Mayor Laufenburger: Okay, and who’s that with you? Chris Schutrop: Sure. My name is Chris Schutrop from Eden Prairie, Minnesota. Mayor Laufenburger: And you are, you will be the manager or the proprietor the space, is that correct? Chris Schutrop: Correct. I’m one of the partners. I’m one of the owners of the facility, yes. Mayor Laufenburger: Great. Grindstone, is that correct? So talk a little bit about, can you help us with the, answering the question how are you going to keep the sound out? Jeff Berends: Well there’s a couple different parameters that we’re required to do. Sound being one of them. Also controlling the lead vapors that’s required from the EPA, the County, that’s all registered through all that. Thirdly the actual sound is deaden by certain, certain insulation panels that the system that we’re using has enforced. I can show a couple different. Mayor Laufenburger: Yeah there’s a camera right above you if you just, if you want to place it right over that. Right down there, exactly. So there are panels that the, whoever is on the range they’ve very close to proximity to where the weapon is shot, is that correct? Jeff Berends: Exactly. There’s sound panels on the side. There’s also sound panels approximately 10 feet down the range which will absorb the sound and then the actual, we’re actually build, construct a building within a building. The masonry walls are surrounding the actual range and so they’re all solid filled, core filled masonry walls and then within that there’s steel panels that help guide the actual bullet down to a containment system which is steel plate and then it funnels down into a containment where the actual lead is in essence harvested and then recycled. Mayor Laufenburger: Wonderful, wonderful. Mr. Schutrop, can I ask you a couple questions? Chris Schutrop: Absolutely. Mayor Laufenburger: This is a, Mr. Generous made mention of somebody who was thinking about this back in 2011. Was that you? Chris Schutrop: That was not us, no. Mayor Laufenburger: It was not you, okay. 15 Chanhassen City Council – October 26, 2015 Chris Schutrop: It must have been another. Mayor Laufenburger: So can you talk a little bit about, I know there’s a, there seems to be kind of a pent up demand for this. Can you talk a little bit about why you chose Chanhassen for this and how will it be used besides just individual recreational people that will want to use it? Chris Schutrop: Sure, absolutely. That’s a fantastic question. So to address a little bit about the geographic area is that if you look at the Twin Cities area on a map there’s only a handful of ranges in the United States and inside Minnesota we’re only looking at about 5 public facilities and what that’s done is it’s created sort of a bottle neck and specifically when we look at the actual overlay onto a, like a Twin Cities area map, there’s this large voided region and that’s the entire southwest metro and as a result the residents who want to go out there and practice and go somewhere safe to do this, or you’re forced to go out into some farm field you know way outside city limits or they’re forced to drive across town. So simply what we’re doing is we’re just looking at the market overall and saying people want to have this. We want to go out there and provide a place so that they can safely go out there and shoot. Where they can go out there and get educated in a workplace that they can go out there and train from that. Really when we’re talking about who’s going to be using this facility, it’s a number of different organizations so it’s everything from private individuals who are gun owners. Just want to do this for fun. To the other side of the spectrum which would be other businesses. So there’s a number of private security organizations that want to utilize this as well as some very high level conversations at this point with organizations like the U.S. Marshal service and a couple other law enforcement agencies who are looking at potentially finding a place where they can go out there and get an adequate heated facility, especially during the winter months inside of that. Mayor Laufenburger: Of course. Chris Schutrop: Yeah one of them being Hennepin County Sheriff. Talking to Sheriff Stanek about that and we’ve had very brief conversations with Sheriff Jim Olson as well so yes. Did that answer your question sir? Mayor Laufenburger: It does. Chris Schutrop: Alright. Mayor Laufenburger: Just one more question. As with anything of this nature I would think that there are competitions where a rifle club or a team of people may gather and become a team so will you have a team at, what will the name of this place be called? Chris Schutrop: Sure so the actual legal entity itself is Midwest Armory Shooting Center. The trade name, the DBA is Stock and Barrel. 16 Chanhassen City Council – October 26, 2015 Mayor Laufenburger: Okay. So will there be a Stock and Barrel shooting team that may compete with other shooting teams around the metropolitan area or even the region or the nation? Chris Schutrop: Sure so we won’t actually have our own organization if you will inside that but what we’ll do is we’ll host a number of other organizations. The NRA has a number of competitions around there as well as organizations of the USPSA or IBPA which are groups of individuals who are just dedicated to having fun shooting and doing it safely so our facility’s going to be open for individuals and groups like that to basically give them a facility where they can come. They can do it in a safe environment and really accommodate those needs so it will be a good hub for everyone around. Mayor Laufenburger: Now training. Will you also offer, will somebody be able to use your facility for gun safety training for young people that want to, families want to make sure their kids are learning the proper use of firearms. Will you do that as well? Chris Schutrop: Yep, absolutely. So really our, my background is firearms education. I had a large national firearms training organization. That’s how I got started in the industry then branched out from there to a couple other ventures but the first thing we’ll start out with is the basic Minnesota Firearms Safety Course that the DNR requires and that we encourage for really anyone out there to go out and take, and it’s all 100 percent centered around safety. So not learning anything as far as how do you become an excellent marksman but really that base level of safety, right. Additionally on top of that we’ll have third party organizations that want to go out there and teach their particular curriculum. Maybe they do conceal and carry classes and we’ll have classrooms and obviously the range for their use on top of that, and we’ll also have some in-houses courses available for our customers as well. Mayor Laufenburger: Great. Well thank you Mr. Schutrop for coming forward with this idea and Jeff, supporting him with your construction. Thank you very much. Any questions for either or them? Councilwoman Ryan. Councilwoman Ryan: Yes Mayor, Actually I have a few questions for you. I know there was the public hearing and you went, had a long discussion with the Planning Commission. However I don’t know how much that was followed because I have received a number of questions for excuse the redundancy from the Planning Commission but just to let people know what this, you know what your facility is going to be about. Mayor asked about some of the noise concerns as well as you know the sound proofing. How do you go about the sound proofing from not only when the bullets, you know when you capture the bullet traps I think is what it’s called as well as the sound of the firearm. What are you doing for the sound proofing there? Chris Schutrop: Sure, absolutely. That’s a fantastic question so first off we’re lucky enough to be partnered with Grindstone who’s actually built 3 ranges here in Minnesota in the past couple of years and basically you know when you look over the past 40 years of range development. It 17 Chanhassen City Council – October 26, 2015 started out from a basically a pile of dirt in a field to sort of what it is today and what we’re building and that’s essentially the first thing we were looking at containing the noise is, like Jeff was saying. We’re building a building within the building so we have our normal structure and then on top of that we are actually putting essentially a sarcophagus. A concrete and steel sarcophagus that really does two things. It first contains the projectiles completely 100 percent and it also contains the noise. So the entire right to sell inside the actual building has 8 inch thick concrete walls that are steel reinforced so 8 inches is a lot of medium, especially something hard like concrete for noise to escape. On top of that what we go up there and do is apply a lot of sound proofing materials that industry wide. So back in the shooting area where people actually stand in the lanes and they shoot from it’s all encapsulated with acoustic foam. Somewhat like what you would see in recording studio and basically what the end result is that outside sarcophagus still indoors. You’re looking at about 40 to 50 decibels so right now we’re probably talking close to 65 and 70 decibels. It does an excellent job of containing the noise. When you go actually outside the building I would be shocked if there was actually anyway to actually hear it coming out there and that’s sort of based off of a recent range they built up in Ramsey called Toe the Fence where you know the law enforcement got the same concerns about, and when they went out there they ironically next to them about 2 yards away with a child care facility and when the law enforcement officers actually brought the decibel readers, the child care facility was putting off more noise than the actual range was. Mayor Laufenburger: Those kids. Chris Schutrop: Those kids right. Those darn kids so really just the advancements in technology around building ranges and then sort of taking care of noise and really trying to contain that has been perfected over the years. The standard stereotype, I mean I grew up in Chanhassen right by Moon Valley and you could hear people going out there and shooting because it’s an outdoor range but that, the nice thing is that the way that we’re constructing it it’s completely contained inside that and there’s a conditional use permit that basically keeps us accountable to that. So if there is an issue we’re required to go out there and address that issue but we don’t anticipate doing that from the way that we’re engineering that and the organization which is SRI. They’ve built hundreds of ranges around the world. They’re the ones who actually engineered the range for us. Had the plans that we were talking about in our planning meeting last time. They were masters of that. Councilwoman Ryan: Okay. Chris Schutrop: Yep. Councilwoman Ryan: I’m going to keep going if you don’t here. Then also noted that you have a range safety officer who is certified. Do they work the range? Are they in the building? How does that work and what’s that process like. 18 Chanhassen City Council – October 26, 2015 Chris Schutrop: Sure so one thing that we want to be very, very mindful of is safety. That’s the most important thing out there so what we have in our standard operating procedures is that actually every single one of our employees, whether they’re sitting at the front desk. Whether they’re you know scrubbing toilets at the end of the day, which will probably end up being me, or whether you know it’s a person who’s actually in the range keeping an eye on people, they’re all certified range safety officers through the National Rifle Association which is a certification process and a curriculum they go through so that range safety officer is sort of an open ended question to a degree because everyone that is going to be staff is going to have that certification. Additionally we have a number of volunteers who basically in exchange for range time can go out there and sort of hang out in the range bay and you know part of it’s to keep safety within that but every single person who goes into that range is required to watch a safety training video. That’s about 15 minutes long and it briefs them on how our procedures are. Councilwoman Ryan: Required by law or required by your facility? Chris Schutrop: Required by us. By our policy. There’s no law that but it doesn’t mean that you shouldn’t go out there and do it obviously it’s just common sense. So on top of that we’ll actually have individuals in there keeping a mind on safety but also to go out there and there’s a lot of people who shoot but maybe haven’t shot in a while and they’re sort of there to lend a hand in any way possible from that so. Councilwoman Ryan: And then in terms of the monitoring with, obviously people could bring in their own guns and ammunition so who checks the guns and the ammunition to make sure that, I’m sure that the bullet traps are certified for certain caliber of the…so who’s monitoring that to make sure they’re within the range? Chris Schutrop: Sure. There’s a specific check in area that we have. We call it the range desk and basically they’re the gate keepers to the actual range. Councilwoman Ryan: So that goes, they’re there before they go into the range? Chris Schutrop: Yep. So they go in there and that also happens to be a point of sale as well so basically when someone brings in their own ammunition, the types of traps we’re using, a lot of ranges actually use rubber berm traps that basically chunked up tires in the back. The problem is is that those can start on fire so our range traps are actually solid steel which obviously steel doesn’t start on fire. It’s what everyone is going to and a majority of all law enforcement ranges are switching over to. So because they’re steel we’re very cautious about what kind of ammunition in there because we don’t want steel core ammunition which can dent it up so basically every single round that comes in there gets inspected and it’s a very complex system. We have a magnet and basically you wipe over it and if it sticks you can’t bring that in there and we have ammunition varies calibers for individual. 19 Chanhassen City Council – October 26, 2015 Councilwoman Ryan: So if it’s not right do you have them put it in their car? Do they, I mean they don’t bring it into the range right? Chris Schutrop: Yeah they’re not allowed to bring it in so basically we’ll take them, and we could hold onto it for them or they can bring it to their car but we’re not going to let them take that in. Councilwoman Ryan: Take it in. Chris Schutrop: Under the oh yeah, I won’t shoot it kind of a premise so we’re very mindful. We want to protect our couple hundred thousand dollar investment in our bullet traps so yeah. Councilwoman Ryan: Okay. I’m still going here. I’m not familiar, I’ve not been to an indoor gun range before. Chris Schutrop: That’s quite alright. Councilwoman Ryan: So what is the policy for people staying within their lane? Are they, once they’re in the gun range are they free to move about? Do they stay in the, their specific lane? How is that monitored or managed? Chris Schutrop: Sure, so basically when a person goes in they’re renting a lane right? So you have bays which is sort of a group or a, there we go. That’s perfect. So this is like a bay for example and each bay have multiple lanes inside of there. Now once someone goes out there and they shoot they might be by themselves and they be with 2 or 3 other friends. 3 is the maximum that we allow per lane right. So what we want to go out there and do is that they can move about. They can hop out and go to the bathroom or what have you but that gun can’t be unattended and also once that gun goes there and it’s taken out of the case, which is only done at the actual firing point, they don’t get to walk around with that and stroll about right. If they want to change out to do a different gun or leave or what have you, it gets put back in it’s case up at the firing line and then whatever else is done at that point so people can move about inside of there and stuff. Councilwoman Ryan: Alright. Chris Schutrop: Our main concern is what, where are the guns at right now so that’s why we have that strict policy that they stay sort of on that firing line or they’re basically cased and closed off. Councilwoman Ryan: Okay. And then the, thank you for the explanation on all of this. The biggest area of concern for me really is the retail area. I just wanted to familiarize myself with some of the safety protocols that you had within the range. But in terms of the retail element of your business, when people want to rent guns, what information do they need to provide you? If 20 Chanhassen City Council – October 26, 2015 people want to purchase guns or ammunition, what type of documentation and background checks, what is that process from your end and then Mr. Generous I’d ask the same. I read somewhere that the City also can provide documentation for providing permits to shoot guns so I, if someone could just familiarize me with that please. Chris Schutrop: Sure, great question. So for buying guns the, there’s obviously a very strict set of laws that is governed by the ATF. The Bureau of Alcohol, Tobacco and Firearms. If you want to go out there and buy a gun in Minnesota, there’s sort of a couple different classifications but we’ll generalize it and we’ll say a long gun which means you have to be above 18 years old and you have to go through an FBI background check called the 4473. That’s issued by the ATF. Basically you fill out an extensive form. Sign it and then we go out there and we call the Nick’s Background Check Center in West Virginia and they run an instant background check on that individual. Standard operating procedure, Gander Mountain, Cabela’s, you name it. That’s what they have to do by law, right. If someone wants to go out there and purchase a handgun for example, Minnesota law dictates that they have to go out there and get one of two things. Either a permit to purchase, which is issued by for example Carver County Sheriff or a permit to carry which is also issued by law enforcement, the sheriff’s department. Basically what that is is the same background check in essence and basically certified to do that so it’s sort of double dipping with the background check process but everyone who goes through and buys a gun is going to be going through the federal law and state law on how we go about going and doing that and that insures that there are zero incidences where things can fall between the cracks right. To answer your second question about, or first off did that answer your question? Councilwoman Ryan: Yes. Chris Schutrop: Okay. Yep to answer your second question about gun rentals which we will do because a lot of people want to go out there and buy a gun and they don’t know where to start and it’s kind of like brand new luxury cars when you buy it and then you take it off the lot. It drops in value so you want to try it out first right. We go out there and require people to go ahead and get a permit to purchase or a permit to carry and that way when they put that down they’ll be able to see okay well they have this. They currently hold this which means that they got the sign off from law enforcement to be able to go out there and own a gun so we can let them go ahead and rent said gun inside of that. Councilwoman Ryan: So they’re going to go through, is it Carver County or will it be the City to get? Chris Schutrop: They can go through any law enforcement agency. For example like Bloomington police department will issue permit to purchases. Councilwoman Ryan: Okay. 21 Chanhassen City Council – October 26, 2015 Chris Schutrop: Permits to carry are always issued by the County in which you reside so like Hennepin County or Carver County and once you have those permits they’re usually good between 1 and 5 years so permit to purchase is 1 year. Permit to carry are good for 5 years. Councilwoman Ryan: So the permit to purchase is then, you’ll require that in order for them to rent a gun to shoot at your range. Chris Schutrop: Yep, correct and they keep that in their wallet. It’s essentially like a card with their name on it. Councilwoman Ryan: Okay. Chris Schutrop: And then we just go out there and we compare that to the ID piece there and then that sort of satisfies us as far as you know alright some individual, we know that they have been vetted already. Councilwoman Ryan: Okay. Chris Schutrop: So yes. Councilwoman Ryan: Thank you. No more putting you in the hot seat but I appreciate all your information and answers. You’re very knowledgeable so I appreciate it. Chris Schutrop: Well thank you. Thank you. Mayor Laufenburger: Any other questions of either Mr. Schutrop or Jeff? Okay, thank you very much. We did have a, you’re welcome to sit down if you like. Thank you very much. There was a public hearing but I see some people in attendance tonight that may choose to speak either for or against this. I would like to invite Representative Cindy Pugh with us tonight. Is there some things that you wanted to say Representative? State your name and address please. Representative Cindy Pugh: Thank you Mr. Mayor and council members. My name is Cindy Pugh and my husband Jack and I live at 260 Mountain View Court. Mayor Laufenburger: Here in Chanhassen. Representative Cindy Pugh: In Chanhassen. Mayor Laufenburger: Thank you Cindy. Representative Cindy Pugh: So yes. Yes, thank you Mr. Mayor and council members. I’m just really appreciative of this opportunity to address you. I’m just so pleased to be here in support of this brand new, modern indoor shooting range right here in Chanhassen. I know I don’t have to 22 Chanhassen City Council – October 26, 2015 tell you of the economic benefits to such a business growing our City’s tax base. For over 28 years and counting my husband Jack and I have been proud to live in Chanhassen and are delighted by how business friendly our community has always been. I’m excited about the possibility of our neighbors and friends spending more of their time and entertainment dollars right here in our city as a result of business opportunities like the one before you tonight so just really, really grateful. But even more importantly I’m thrilled that we’re seeing a training and practice venue for Carver County’s almost 4,000 carry permit holders. I was just really so pleased to hear that this entity will fill a significant void not only in the Twin Cities but in Minnesota and I know that there is I think a growing need so I think this is just really a fabulous opportunity for us as a city. These law abiding citizens take the responsibility of carrying a firearm very seriously so having a conveniently located site where they can safely learn and practice their skill is vital. Safe responsible shooting is a part of our Minnesota heritage but without a place to go and shoot together as a family how can our mom and dads pass down that heritage, that respect and that responsibility to their sons and daughters. So I’m looking forward to personally participating in the future success of this business right here in Chanhassen. I did receive my permit a year before last and so I’m really looking forward to practicing here and just wanted more than anything to convey my really enthusiastic support for this project so I decided to take that opportunity to do so tonight so. So thank you Mr. Mayor and council members. Mayor Laufenburger: Thank you Representative Pugh. Representative Cindy Pugh: Appreciate the opportunity. Mayor Laufenburger: Any question of Representative Pugh from the council? Okay, thank you very much. Representative Cindy Pugh: Okay thank you. Mayor Laufenburger: I had, I gave an opportunity for somebody to speak in favor of this. Is there anybody present in the council chambers tonight who would like to speak against this application? Alright so I know many others here would like to say something as well but I’m going to restrict that at this time so thank you very much Representative Pugh for conveying your view and I’m sure it’s shared by many others that are here tonight. Let’s bring this back to the council. Any questions, comments or motion? Councilman McDonald: Mr. Mayor, if you’re ready for a motion I’d like to make one. Mayor Laufenburger: Please do. Councilman McDonald: I make the following motion that the Chanhassen City Council approves the conditional use permit for an indoor gun range on Lot 1, Block 1, Chanhassen East nd Business Center 2 Addition subject to the conditions of approval and adopts the Findings of Fact. 23 Chanhassen City Council – October 26, 2015 Mayor Laufenburger: We have a valid motion. Thank you Councilman McDonald. Is there a second? Councilman Campion: Second. Councilwoman Tjornhom: Second. Mayor Laufenburger: I think I heard Councilman Campion just a moment before you Councilwoman Tjornhom. Councilwoman Tjornhom: What? Mayor Laufenburger: Let’s give that one to Councilman Campion okay. Is there any discussion? Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Councilwoman Ryan. Councilwoman Ryan: I prepared a couple comments and I wanted to think about before, before reading them but I know, I am going to support the motion but this is a serious, a serious business to me and I gave it a lot of thought when I saw it on the agenda and talked to some folks to get their feedback so I just, it’s important for me to express my feelings here. Mayor Laufenburger: Please do. Councilwoman Ryan: Just because I’m not as familiar with going to gun ranges or a lot of the legalities around gun ranges in general, I decided to do some reading and it was very informational. The first thing that I came across was the law that Governor Pawlenty signed in 2005 called the Shooting Range Protection Act. I had no idea that that law existed and it gave me a great deal of information and helped me understand the expectations put forth by the State which I think are very important for us to understand. Tonight’s conversation which I really appreciate all your information that you provided me helps me better understand what this business is as well as this particular site. My main concern has not been the range itself because I know you had addressed some of the noise and the bullet traps, etc. but it was really the retail or the rental side of the operation. And I know there’s a lot of conversation right now in our communities and no matter what side of the whole gun debate you’re on, this is an important conversation for all of us to have and be having at council. At the State level as well as at the national level and you know and I believe that as City Council members it is our job to ask the questions and really understand what this gun range is going to mean to the people within our community. I was very pleased to read and learn that the law enforcement has been involved with this application as well as having people, you know having them support it and I’m glad 24 Chanhassen City Council – October 26, 2015 that Stock and Barrel is putting the, you know the time and the energy into the education and the training aspect of this business as well because as Representative Pugh expressed it is important for us to be training people with the use of guns and safety. But and I believe you mentioned we’re not out in the farmlands or you know shooting on outdoor ranges. We’re talking about a gun range here in Chanhassen right outside of our downtown area near child care. Near schools and our businesses and I think it’s very important that you know we understand the implication of that business, thus the many questions that I asked you tonight. So it’s a big decision. One that I am going to support but I ask that the, you know the City and the County continues to do their due diligence and safety of the facility as well as the business owners to make sure that they’re doing everything that they can to keep it safe and secure within the confines of your building and you know the parking lot and the surrounding areas so with that I will support this motion but I felt it important to express my thoughts tonight so thank you for the time. Mayor Laufenburger: Yep, thank you Councilwoman Ryan and I know that the people of Chanhassen appreciate the manner in which you represent them by finding answers to questions that you don’t know so I applaud your efforts in that area. I would also say that this is a, this will be a very welcomed addition but we as citizens of Chanhassen and the surrounding communities, we have a responsibility to use this in a proper way. In a responsible way and the fact that it will be convenient, hopefully people will not replace the convenience with lack of discipline. It’s important that, and Representative Pugh mentioned this. It’s important that the children that grow accustomed to using firearms understand that there is a responsibility that they take on by using that firearm in a responsible way and in a safe way so I am, I too am pleased that this Stock and Barrel will be here and I think it will be a very welcomed addition to the community but in no way does it relieve the citizens of Chanhassen the responsibility to behave safely with and around firearms at all times. So Mr. Schutrop you have a, you have a big responsibility in being the overseer of this and whether you like it or not we’re going to look to you for, for the results that we see and we just hope that it will be always good results so just, that’s a burden that comes with leadership in some cases so nice to have you with us in that regard. Any other comments or questions? Councilman McDonald moved, Councilman Campion seconded that the Chanhassen City Council approves the conditional use permit for an indoor gun range on Lot 1, Block 1, nd Chanhassen East Business Center 2 Addition, subject to the following conditions and adopts the Findings of Fact: 1.Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. 2.The use, occupancy and construction of the building shall conform to the Minnesota State Building Code. 3.The building and method of operation shall comply with M.S. Chapter 87A. 25 Chanhassen City Council – October 26, 2015 4.The design and construction of the gun range shall completely confine all ammunition rounds within the building and in a controlled manner. The design and construction of the gun range shall be certified by a registered engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap(s), ceilings, exterior and interior walls and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine. 5.No ammunition shall be used in the range that exceeds the certified design and construction specifications of the gun range. 6.Firearms shall not be stored on the premises when the range is closed for business, unless they are stored in an acceptable gun safe or other secure locking device. 7.On-site supervision shall be supplied at all times by an adult who is an experienced range operator. The range operator shall be responsible for the conduct of their place of business and the conditions of safety and order in the place of business and on the premises. 8.Each range shall have a clear and concise safety plan. The plan must be signed, published, and reviewed at specific intervals and distributed to all range users to study and use. 9.The range operator shall provide and maintain proof of liability insurance which shall require the insurer notify the city manager in writing of cancellation of the policy, a change in the limit of the policy, and/or a change in policy ownership. Said policy shall be available for inspection by the city manager and/or his/her assigns at all times. 10.On-site instruction shall be given only by firearms instructors certified within the prior five years by an organization or government entity that has been approved by the Minnesota Department of Public Safety. Current certificates for firearms instructors shall be on display in a conspicuous location in the premises and available for public inspection. 11.An outside security plan for the general grounds shall be submitted to the city for review and approval. 12.The transport of firearms on the premises, to the premises, and from the premises shall conform to state law. 13.Minors shall not be allowed in the range unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class which is supervised by an adult instructor. 14.In the industrial office park district, retail sales and rental shall be limited to gun-related material and equipment with a maximum display area of 20 percent of the floor area. 26 Chanhassen City Council – October 26, 2015 15.The gun range shall be soundproofed to prevent the sound from being heard by persons in adjoining units. 16.If additional parking is required, a plan must be submitted showing the proposed parking expansion, including the existing and proposed grading and any necessary storm sewer improvements. This plan would also be subject to review and approval from the Riley Purgatory Bluff Creek Watershed District. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: That motion carries 5-0. Thank you very much. Wish you the best of luck Mr. Schutrop and Mr. Berends in your construction and to all of the other present, thank you for being with us this evening. ADMINISTRATIVE PRESENTATIONS. Mayor Laufenburger: Mr. Gerhardt, any administrative presentations? Todd Gerhardt: Just one update. The pedestrian crossing down at Pioneer Pass is installed. There’s a little landscaping that needs to be completed so there’s safe pedestrian access to the park to the west of Pioneer Pass now so credit goes to Paul. His staff and the contractor for getting that work done as soon as possible before those little white flakes start coming down so. Mayor Laufenburger: Very good. Very good. Anything else Mr. Gerhardt? Todd Gerhardt: That’s all I have for now. COUNCIL PRESENTATIONS. Mayor Laufenburger: Any council presentations at this time? I have just one. There was a notice in the newspaper yesterday. Long time Chanhassen has passed away. Mr. Dick Mingo who has been a fixture in our community for more than 50 years and he passed away on Thursday and the funeral is tomorrow morning at St. Hubert’s. I have personally known Mr. Mingo for over 50 years. He was my high school athletic director, football coach and my first Little League coach in 1958 and over the last many, many years Dick, Dick and his wife Rosemary, former Rosemary Pauly. Rosemary Mingo is, the two of them, when they were married they made a commitment to one another that baseball would be part of their marriage and Dick Mingo pretty much personified that. For the last 30 years he has been a scout. Excuse me, a clinic, a clinician for the Minnesota Twins means, which means the Minnesota Twins have sent him all over the state and the region to conduct clinics. Additionally 42 years ago he initiated the high school all start baseball series which we now call the Play Ball Minnesota Series and he was very instrumental in contributing more than $150,000 to the University of Minnesota Eye Clinic through the donations that came along with that. With that all star 27