Resolution - #07-12-336 - 12/11/2007

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10. That the Subject Property is not located within the Critical River Corridor (MNDNR), the Mississippi National River and Recreation Area (MNRRA-National Park Service unit) or the Wild and Scenic River overlay, although it is adjacent to said areas. 11. That the Applicant is seeking to utilize the Subject Property for motocross, wake/snow boarding, demolition derby, rodeos and outdoor music events, in accordance with its site plan and submitted memo. 12. That the City has received a citizen petition for an Environmental Assessment Worksheet pursuant to Minnesota's Environmental Quality Board (EQB) rules. 13. That Bolten and Menk, Inc engineers conducted a report to analyze the environmental impacts of the proposed use, and determined that the impacts were not significant enough to warrant an Environmental Assessment Worksheet, but that impacts should be monitored closely. The Bolten and Menk report is dated December 2007 and is incorporated herein by reference. 14. That by separate Findings of Fact and Resolution, the City has determined that the Applicant's Proposal does not have the potential for significant environmental effects. 15. That the Applicant has submitted a sound study conducted in Annandale, MN that measures the sound impacts of motocross at the LlO sound rating level and that based on the study, it is not clear whether the motocross proposed at the Diamonds property will exceed 60 db (A) at this rating level. 16. That City Staff research of a similar uses identifies noise levels emitted from motocross activities as nuisances in certain legal cases in other states. 17. That, currently, a special events permit is required to conduct any of the proposed activities on the Subject Property, upon City Council approval. 18. That Mississippi West Park, an Anoka County park with regional designation, is located adjacent to the Subject Property and the Anoka County Parks Department submitted a letter to the City stating that the Proposal would have a "significant negative effect on the public use and enjoyment of the park" and maximizing the "public benefit of the park is dependent upon surrounding land uses must be compatible in nature with the designated uses of the park." 19. That the National Park Service submitted a letter stating that the Proposal would have a negative effect on the public enjoyment of the nearby Mississippi River and would have an adverse effect on the wildlife, including a pair of active breeding eagles associated with the River. 20. That the proposed use will substantially adversely impair the use, enjoyment or market value of any surrounding property, due to the increase in sound, which based on the evidence presented, has the potential of becoming a noise nuisance. 21. That the proposed use will not be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, which is predominately parkland, and will change the essential character of the area, because the change will be from non-motorized outdoor recreational uses to motorized recreational uses. RESOLUTION #07-12-336 Page 2 of3