040219 Planning CommissionCITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
PLANNING COMMISSION MINUTES April 2, 2019
City Hall, 7:00 p.m.
CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to
due call and notice thereof; Chair Schmidt called the meeting to order at
7:00 p.m.
ROLL CALL Present: Scott Clark, Jim Brinkman, Matt Mannix, Chris Hanson,
Tom Schmidt, Roger Landy, Bill Smith, Matt Korkowski
Absent: Michael Redden
Also Present: Jeff Sargent, Director of Community Development; Jeff
Alger, Community Development Coordinator/
Management Analyst; Stacy Woods, Assistant City
Attorney; Al Brixius, Planning Consultant; Jessi Weber,
Recording Secretary
NEW BUSINESS None
PUBLIC HEARING
Planning Case 19-04
Item 4.1
Chair Schmidt introduced Item 4.1, a conditional use permit (CUP)
amendment to expand use of outdoor athletic stadium, 8230 47th Avenue
North, Robbinsdale Area Schools, petitioner.
Mr. Jeff Alger, Community Development Coordinator/Management
Analyst, gave background on the case. In February, the city received a
request from Robbinsdale Area Schools for an amendment to the
existing CUP, which was originally granted in 1994. The request was
presented at the March 5, 2019 Planning Commission meeting and was
tabled to allow the applicant to come back with further information
requested from the commission. The current CUP allows for unlimited
non-athletic community events with the following restrictions. 1) At
least 50% of participants must be district residents. 2) Audience must be
comprised of at least 50% district residents. 3) Limited to youth
participation (up to 18 year of age). 4) PA system may not be used more
than 2 times per year. 5) Events must conclude by 9:30 pm or 9:00 pm on
Saturday, Sunday, or holiday. The applicant anticipates events such as
youth & adult soccer, football, and lacrosse games, arts and craft fair,
and one “Movies in the Park” event in the summer, which would require
the use of the city’s audio system. Robbinsdale Area Schools has
submitted a revised application for the April 4, 2019 meeting.
Next, Alger explained the changes the applicant made from the March
5, 2019 meeting. The user requirements of the stadium did not change
since the March meeting. The PA system usage has been modified to a
maximum of 8 events per year, between June 1 and August 15, and only
on Saturdays from 1-6 pm. The PA sound levels would be lowered for
smaller group sizes. Stadium lights are not allowed for the renters to
use. Parking is limited to the south lot. Groups requiring more parking
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Planning Commission Meeting April 2, 2019
would not be allowed to rent the stadium. Renters are required to clean
up all trash and debris from the area after their event. A deposit will be
required with the facility rental and if trash is not removed , the deposit
will be retained. A site supervisor would be onsite with each rental to
ensure proper clean up. A new scoreboard/videoboard has been
included with the revised application. Renters would only be able to use
the scoreboard and not the videoboard. The scoreboard and videoboard
would be used for school sponsored events only. The scoreboard will
adhere to all the city’s light ordinances.
Alger concluded that proper legal notice and mailing notice were given.
Staff did receive feedback regarding this planning case. Comments and
concerns focused on the use of the PA system, trash, noise, and traffic.
Staff is recommending that the Planning Commission review and offer
comment and open the public hearing for comments.
When Chair Schmidt questioned whether any of the Commissioners had
any questions for staff, no one did. Chair Schmidt then invited the
applicant to the podium. Kristine Wehrkamp, Executive Director of
Community Education, and John Oafkee, Activities and Athletic
Director, Cooper High School, 8230 47th Avenue N approached the
podium. Ms. Wehrkamp provided a recap of the changes based on the
feedback received at the March meeting. The first change regarded the
unlimited use of PA system, which was not an acceptable request. Use
of the PA has been limited to Saturdays from 1:00 pm – 6:00 pm from
June 1st through August 15th, only if a renter requests the use of the PA
system; if no request is received, the PA would remain idle. State law
states that alcohol is not allowed on school property throughout
Minnesota. The site supervisor will monitor for alcohol use and if
alcohol is found and if the issue escalates, the Police Department will be
called. The offending group will no longer be able to rent the facility
again. The district is trying to align the stadium use with how the
community gyms are used. Renters are required to pay a deposit and if
trash is not cleaned up, the deposit will be retained and the group would
not be rented to in the future. Parking is limited to the south lot; if a
renter requires more parking, they would be not be allowed to rent the
facility. No amplification would be coming through the scoreboard.
Commissioner Brinkman asked for clarification on which lots parking
would be allowed. Ms. Wehrkamp stated the New Hope Learning
Center parking lot could not be used for parking, only the south lot is
allowed. Commissioner Brinkman asked Mr. Oafkee how many soccer
fields are at Cooper. Oafkee explained there are three fields; the three
baseball diamonds are converted for lower level boys soccer, the
northern baseball diamond is converted to girl’s lower level soccer, and
the main field at the stadium. Commissioner Brinkman asked if that is
enough space for soccer tournaments. Mr. Oafkee responded two of the
fields would not be regulation sized for varsity games. Chair Schmidt
clarified the specific soccer use would be located at the main field, to
which Mr. Oafkee agreed.
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Planning Commission Meeting April 2, 2019
Commissioner Smith asked if hours of use are adjustable. If the rental
time could end at 5:00 pm to allow nearby residents to have supper
without the potential of hearing the PA system. Mr. Oafkee said they
had the cutoff time of 6:00 pm to take into consideration meal times for
residents. If 5:00 pm ends up being a more preferable time, Oafkee said
that is agreeable.
Commissioner Korkowski asked if the PA system could be used for
whatever the renter needs it for or if the use is limited. Mr. Oafkee
responded the PA system would be used for whatever the rental group
needed. Most likely, the PA would be used for announcing of games.
Commissioner Smith asked for the PA system volume levels to be tested
to ensure they comply with City Code. Mr. Oafkee said a decibel study
was done in years past and the school district would be open to looking
at the levels again and plan to lower the sound levels for smaller groups.
Robbinsdale Area Schools wants to work with the city to ensure things
are done correctly. Currently speakers are directed towards the
bleachers in an attempt to mitigate sound disturbances to neighboring
properties. With the comments regarding the noise of the PA system, it
is something the school district needs to look into.
Chair Schmidt addressed the flyer that was circulated to properties
neighboring the school. He gave recommendation that flyers should
include accurate information with specific facts to back up the claims.
This will prevent people from making assumptions on what the actual
project is.
Motion by Commissioner Landy, seconded by Commissioner Mannix,
to open the Public Hearing. All present voted in favor. Motion carried.
Brad Johnson, 8300 49th Avenue N, New Hope, suggested the Planning
Commission pay attention to everyone’s property address, as each
person is affected by the CUP amendment differently. Mr. Johnson
wanted to know what the rental rates would be, what the revenue is
allocated to, and if the wear and tear of the facility has been factored in
with the process.
Paul Solmon, 8231 50th Avenue N, New Hope, expressed the PA system
used for non-school district sponsored events is undesirable. Trash and
traffic negatively affect the neighborhood. The school has consistently
not abided by the prior CUP requirements and feels the amendment
should not be granted because of this. Outside groups renting a facility
do not care as much about the space as residents do. Mr. Solmon wants
to know what the training and qualifications the site supervisor will
have, what the revenue is allocated to, and why Armstrong High School
is not renting any space.
Joe Inserra, 4940 Xylon Ave N, New Hope, wants to make sure the
deposit amount is large enough to encourage proper cleanup. He
provided a picture of trash in the parking lot, which is a common
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Planning Commission Meeting April 2, 2019
occurrence. Mr. Inserra stated he submitted the photo to the school
board, school staff, and city council. The only response he received was
from one City Council member and received no response from the
school. Trash is in every parking lot on the property and not just the
south lot.
Daryl Fields, 8224 49th Avenue N, New Hope, questioned what hours
the field could be used Monday through Friday. He also wanted to know
what rental revenue is allocated to, if taxpayers would be responsible
for the repair and replacement of items from the use of outside groups,
and how property values would be affected.
Mary Arnold, 8000 47th Avenue N, New Hope, wanted to know how
many times the school thinks the stadium will be used and suggested
trash along the street should also be the responsibility of Cooper High
School.
Michelle Urbancic, 4509 Aquila Avenue N, New Hope, wants to see the
numbers regarding light and sound levels to ensure everything related
to the CUP are at the levels they should be.
James Gabrielson, 8208 49th Avenue N, New Hope, expressed concern
with the potential for alcohol use on school grounds in association with
rentals.
Julie Solmon, 8321 50th Avenue N, New Hope, wanted to know which
other schools are currently renting facilities and what the revenue will
be used for.
Willie Howard, 8816 35th Avenue N, New Hope, made comments from
the perspective of the Assistant Principal, Head Football Coach, and of
a resident. This CUP amendment would allow the opportunity for
adults to stay in this community to utilize the field and do fundraisers
and games instead of going out of the district.
Amira Friedson, Wisconsin and 49th Avenue N, wanted to know if the
revenue would be enough to cover costs of repairs to the stadium and
stated the PA system is being utilized too much.
Stephanie Cook, 7636 Angeline Dr, New Hope, expressed appreciation
in the district coming back with modifications to their application. She
said the requirement to have 50% of audience be part of the district is
difficult to enforce and many family and friends that attend games are
not part of the district. Other districts rent facilities to outside groups
and this is already done with the community gyms.
Dan Smith, 4608 Aquila Ave N, New Hope, said it would be nice to
know what the numbers are in regards to revenue and costs. He also
inquired about waivers of liability for groups and adults using the
facility.
Val Skarphol, 8308 47th Avenue N, New Hope, stated the traffic noise is
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Planning Commission Meeting April 2, 2019
disruptive to neighboring residents. She extended appreciation to the
couple who walks the school property almost every day to pick up trash.
It was also noted that drivers very regularly drive through the stop sign
and the Police Department should monitor that intersection.
Matthew Rucker, 4909 Wisconsin Ave N, New Hope, explained that
even with having windows closed, the PA system is still heard. He asked
if this CUP amendment were approved, would there be a limit to the
number of times the school district can request amendments in the
future.
Kay Deutsch, 4913 Zealand Ave N, New Hope, wondered why the
scoreboard is included in the amendment request. She felt that is
something the school district handles and is not related to the CUP. Ms.
Deutsch also questioned what the financial profit will be used for and
who would benefit from it.
Motion by Commissioner Landy, seconded by Commissioner Clark, to
close the public hearing. All present voted in favor. Motion carried.
Commissioner Clark explained to the audience that any questions
related to revenue and what those funds are used for is no business of
the City or Planning Commission, therefore has no factor in the decision
making process. If the residents would like that information that is
something that can be directed to the School Board.
Director Sargent reviewed the questions from those in the audience to
provide answers. The first speaker asked about rental rates. Kristine
Wehrkamp stated there are rental fees for the facilities that have been
approved, though she did not have them with her to give the exact dollar
amounts. The rental is based on how many hours, group size, etc. The
school district has tried to break even with facilities and has been unable
to do so in the past few years. Robbinsdale Area Schools is hoping this
request will result in the athletic stadium rental being a community
builder and trying to make the facilities available to others. The “Movies
in the Park” event is another attempt to create a community event for
many to enjoy. Director Sargent explained how the “Movies in the
Parks” works. Normally, the city attempts to hold three movies per year
at Civic Center Park. With the park being under construction this year,
there will be no “Movies in the Park” events. The city is collaborating
with the school district to offer a “Movies in the Park” event to make it
available to the community. There are no fees for these events. The city
pays the licensing fees to show the movies, and any donations or
sponsorships received go towards the licensing fees. These are not
moneymaking events, just a fun way to bring the community together.
The second speaker asked about the authority and training a site
supervisor would have and why this sort of rental is not being done at
Armstrong. Kristin Wehrkamp said the site supervisor is a paid staff
person. An administrator handles school sponsored events and the site
supervisor handle the other events. When groups are utilizing the gym
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Planning Commission Meeting April 2, 2019
space, a site supervisor is used to ensure everyone is behaving according
to the rental agreement, which includes no alcohol being used on the
property. The site supervisor asks renters to leave, or call the
appropriate people if the situation warrants, if rules are not followed.
They would also lock the facility after the rental period. Renters will be
required to provide their own insurance as part of the rental agreement.
Ms. Wehrkamp stated the discussion to offer this type of rental is
starting at Armstrong in the upcoming weeks.
The third speaker expressed concern with the current CUP stipulations
not being followed in regards to trash removal. It was suggested the
deposit be significant enough to encourage groups to clean up after their
events. Ms. Wehrkamp stated she did not have the numbers in front of
her. If groups do not clean-up, they will not be allowed to rent in the
future.
The fourth speaker wanted to know what times the athletic stadium
could be used Monday through Friday. John Oafkee provided a
response in that field use could be from 9 am – 9pm and lights would
not be allowed during this time. The PA system could also not be used.
School programs use the stadium extensively during the week, so not
much time is available during the week for rentals. The speaker also
wanted proof on how this amendment would no t negatively affect
property value. Mr. Sargent replied there are many factors that
contribute to property values. It is hard to pinpoint if one specific factor
will affect the property value negatively or positively. In the past five
years, everyone’s property values have increased.
The fifth speaker inquired how the traffic from rentals would impact the
neighborhood and if a traffic study has been done. Director Sargent
replied that the road was reconfigured to accommodate the school. The
new roadways are sized appropriately to accommodate the traffic. The
speaker also wanted to know if the stadium would be used every day of
the week. Mr. Oafkee said he has had four inquiries for rentals which
include youth summer lacrosse camp and a men’s pickup soccer group
on Sundays. He has had no inquiries that would need the entire parking
lot. The speaker also asked that trash cleanup along the street be
considered.
The sixth speaker wanted to know what the light and decibel levels are
and how they compare to city code. They also wanted to know how the
school determines what size of group the PA system would be turned
down for. Mr. Oafkee said they would need some help to obtain those
numbers. Decibel testing has been done in the past, speakers are directed
towards the bleachers, and there is a setting on the PA system to
automatically adjust the levels based on group.
The seventh speaker inquired on the potential for alcohol use on school
property. Ms. Wehrkamp had addressed that topic earlier in the
meeting.
The eighth speaker asked if athletic stadium rental has been done at
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other school districts and has it been successful. Mr. Oafkee said the
other school districts that he is aware of that utilize stadium rentals
include Minnetonka, Hopkins, Wayzata, Burnsville, and Osseo.
The ninth speaker inquired on rental revenue usage and wanted the
number of PA system uses reduced to less than eight times. Mr. Oafkee
said they would work with the city for a recommendation as to an
acceptable number.
The tenth speaker had questions relating to revenue and the potential
for liability issues. Ms. Wehrkamp stated the renter is required to
provide liability insurance as part of the rental agreement. Stacy Woods,
assistant city attorney, said most rental agreements include the waiver
of liability and there is no way the fees would radiate back to taxpayers.
She also brought up the fact that the handling of litter is very clearly
addressed in the CUP language and it is laid out who is responsible for
cleanup. The school district should take the issue seriously. Director
Sargent said any CUP contains conditions of approval. If those
conditions are not followed, there is the potential for the council to
revoke the CUP. The city can only respond and address issues, such as
the trash at the school, if made aware of the issue. In over 5 years of
working at the city, Sargent stated he has never received a single
complaint regarding trash at the school. Residents can call, email, mail,
or utilize the complaint feature on the website to inform city staff of any
issues.
The eleventh speaker had concerns with traffic and people running the
stop sign. Sargent said those would be forwarded to the Police
Department for them to look into.
The twelfth speaker asked if there is a limit to the number of times
someone could bring a CUP back to the city for amendments. Sargent
stated that would be based on each situation. Many factors are
considered including the applicant, residents, and the overall good of
the city.
The thirteenth speaker had questions regarding rental revenue and why
the scoreboard has been added to this CUP amendment. Sargent stated
when there is a big enough change it requires a conditional use permit
amendment. The proposed scoreboard is a big enough change from the
current scoreboard, which results in the need for a CUP amendment.
Al Brixius, city planner, wanted to address noise and light. The noise
code uses the MPCA standards measured at property line at the
adjoining property. The school district should do the test to verify if they
are abiding by the requirements. Scott Clark stated section (e)2 already
addresses the noise requirements in the existing CUP.
Commissioner Hanson expressed concern with the school district not
being in compliance with the current requirements and them still asking
for these amendments. He questioned what steps would be taken to
enforce those existing conditions. Sargent stated it is enforceable in
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relation to the CUP if it can be proven trash is from a specific rental.
Sargent clarified there is one conditional use permit for the property that
has had amendments over the years. If there is a trash issue, it could be
directed to the rental portion of the CUP. Jeff Alger stated the ordinances
in the City Code address trash for any property in the city. It is
enforceable from a code enforcement perspective. If the city receives a
complaint, then the code enforcement inspector can look into the issues.
Motion by Commissioner Clark, seconded by Commissioner Hanson,
to reopen the Public Hearing. All present voted in favor. Motion carried.
Paul Solomon, 8231 50th Avenue N, New Hope, asked for clarification
if there were two separate CUPs for the property. Sargent stated the
school use on the land is only permissible through CUP. There is one
CUP that has been amended over the years. Al Brixius stated there is
only one CUP for the property.
Motion by Commissioner Clark, seconded by Commissioner Landy, to
close the public hearing. All present voted in favor. Motion carried.
Motion
Item 4.1
Motion by Commissioner Clark, seconded by Commissioner Landy, to
approve Planning Case 19-04, a conditional use permit (CUP)
amendment to expand use of outdoor athletic stadium, 8230 47th
Avenue North, Robbinsdale Area Schools, petitioner
Voting in favor: Clark, Mannix, Hanson, Schmidt, Landy, Korkowski
Voting against: Brinkman, Smith
Absent: Redden
Motion approved 6-2
Chair Schmidt stated the case will be brought to the April 22, 2019 City
Council meeting.
COMMITTEE REPORTS
Design and Review
Committee
Item 5.1
There are two applicants attending the Pre-Application meeting. There is
the potential for the meeting to be held on April 18, 2019. Staff will update
the Planning Commission closer to the date.
Codes and Standards
Committee
Item 5.2
There currently is no meeting scheduled.
NEW BUSINESS None
OLD BUSINESS
Approval of Minutes
Item 7.1
Motion by Commissioner Landy, seconded by Commissioner Brinkman,
to approve the Planning Commission minutes of March 5, 2019, Motion
carried.
ANNOUNCEMENTS Director Sargent stated at the next council meeting the Planning
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Planning Commission Meeting April 2, 2019
Commission is to provide an update on what the commission has done
over the last year. Chair Schmidt was unavailable to attend the council
meeting and Vice Chair Clark agreed to do the presentation.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:40
p.m.
Respectfully submitted,
Jessi Weber, Recording Secretary