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9. That the Subject Property is approximately -1,000 feet from the Mississippi River but it is not <br />included in the City's Critical River Overlay District. <br />• <br />10. That the Applicant has a current Conditional Use Permit (Resolution #00-03-077) that allows <br />outdoor recreation activities including broomball, softball, and volleyball. <br />11. That the Applicant is seeking to utilize the Subject Property for motocross, wake/snow boarding, <br />demolition derby, rodeos and outdoor music events, in accordance with its site plan and submitted <br />memo. <br />12. That the City has received a citizen petition for an Environmental Assessment Worksheet pursuant <br />to Minnesota's Environmental Quality Board (EQB) rules. <br />13. That by separate Findings of Fact and Resolution, the City has determined. that the Applicant's <br />Proposal does not have the potential for significant environmental effects. <br />14. That the Applicant has submitted a sound study conducted in Anriandale, MN that measures the <br />sound impacts of motocross at the L 10 sound rating level and that based on the study, it is not clear <br />whether the motocross proposed at the Diamonds property will exceed 60 db(A) at this rating level. <br />15. That Bolten and Menk, Inc engineers conducted a report to analyze the environmental impacts of the <br />proposed use, and determined that the impacts were not significant .enough to warrant an <br />Environmental Assessment Worksheet, but that impacts should be monitored closely. The Bolten <br />• and Menk report is dated December 2007 and is incorporated herein by reference. <br />16. That, currently, the City requires a special events permit to conduct any of the activities proposed by <br />the applicant on the Subject Property, upon City approval. <br />17. That the Applicant's proposal will not substantially adversely impair the use, enjoyment or market <br />value of any surrounding property. <br />18. That the Applicant's proposal will be designed, constructed, operated, and maintained so as to be <br />harmonious and appropriate in appearance with the existing or intended character of the general <br />vicinity and will not change the essential character of the area. <br />19. That the proposed interim use will be served adequately by essential public facilities and services, <br />such as highways, streets, police and fire protection. <br />20. That the proposed interim use will not create excessive additional requirements at public cost for <br />public facilities and services and will not be detrimental to the economic welfare of the community. <br />The motion for the adoption of the foregoing findings of fact was duly seconded by Councilmember <br />and upon vote- being taken thereon, the following voted in favor thereof: <br />and the following voted against the same: <br />• and the following abstained: <br />and the following were absent: <br />RESOLUTION #07-12- <br />Page 2 of 2 <br />-313- <br />