Loading...
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 2 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. 3 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 4 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 5 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 6 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 7 Planning Commission Meeting April 2, 2019 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 8 Planning Commission Meeting April 2, 2019 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 9 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