Loading...
HomeMy WebLinkAbout2009/06/15 - ADMIN - Minutes - City Council - Regular (2) f/fSt. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JUNE 15, 2009 1. Call to Order Mayor Jacobs called the meeting to order at 7:32 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger Councilmembers absent: C. Paul Carver Staff present: City Manager (Mr. Harmening), Finance Director (Mr. DeJong), City Attorney (Mr. Scott), Community Development Director (Mr. Locke), City Engineer (Mr. Brink), Planning/Zoning Supervisor (Ms. McMonigal), Assistant Planner (Mr. Fulton), Recreation Superintendent (Mr. Birno), and Recording Secretary (Ms. Hughes). 2. Presentations 2a. Nordic Ware Donation (Lilac Park & Beehive) Mr. David Dahlquist, Owner/President of Nordic Ware, presented the City with a donation in the amount of $20,000 for the Beehive Relocation Project and improvements to Lilac Park. He stated Nordic Ware is pleased to be a part of this project and added the Lilac Park and Beehive ribbon cutting/grand opening ceremony is scheduled for July 13th at 6:00 p.m. Mr. Birno accepted Nordic Ware's donation on behalf of the City and expressed the City's thanks and appreciation to Nordic Ware. He stated Nordic Ware has been a key partner in the restoration project at Lilac Park and along the Highway 100 corridor. Mayor Jacobs expressed the City Council's thanks to Nordic Ware. 2b. 2008 Annual Audit Mr. Steve McDonald, Abdo Eick & Meyers, LLP, presented the 2008 draft audit, management report, and financial highlights and stated the financial statements will be completed prior to the June 30th deadline and submitted to the Office of State Auditor. He explained the audit opinion indicates the financial statements are materially correct and fairly represent the City's financial condition as of December 31, 2008. He added there were no findings that reach the level of a material weakness in the City's financial procedures. He stated the audit noted one small deficiency with respect to the billing and collection of receipts at the Rec Center; the audit recommends the City establish reconciliation procedures of the daily deposit and they are satisfied that this recommendation will be implemented by the City. He indicated the 2007 audit reported some internal controls that needed to be put in place and the Finance Department took it upon themselves to change the procedures and City Council Meeting -2- June 15, 2009 put new processes in place; as a result, those findings have been removed from this year's report. He stated the audit showed an improvement in the fund balance, primarily driven by favorable budget performance on revenues and expenditures, with licenses and permits coming in ahead of budget. He added that expenditures showed an $800,000 budget savings. He stated the City has a rate study in place which proves the cash balances in the Enterprise Funds and this represents a proactive step to make sure the rates the City is charging help cover the bonds to pay for the City's improvement projects. He concluded by stating the audit expresses a clean opinion on the City's financial statements and the City appears to be well positioned for 2009 and beyond. Mayor Jacobs stated the City Council is pleased with the audit results and expressed thanks to the Finance Department and City staff for their work on the audit. 3. Approval of Minutes 3a. City Council Minutes of June 1, 2009 3b. Special Study Session Minutes of June 1, 2009 The minutes were approved as presented. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Motion to Adopt Resolution No. 09-077 Authorizing Entering Into a Master Partnership Agreement with the Minnesota Department of Transportation (Mn/DOT). 4b. Motion to designate Valley Paving, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $631,912.26 for the 2009 MSA Street Improvement Project—Project No. 2009-1100. 4c. Motion to waive the second reading and adopt Ordinance No. 2374-09 to create Special Service District No. 6 and approve the summary ordinance for publication and Motion to approve Resolution No. 09-080 imposing a service charge for Special Service District No. 6. 4d. Motion to Adopt Resolution No. 09-079 authorizing the Mayor and City Manager to execute the Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment to be administered by Hennepin County. 4e. Motion to Adopt Resolution No. 09-080 authorizing the City Manager to submit a grant application to the United States Department of Energy for 2009 Recovery Act — Energy & Efficiency Conversation Block Grant — Formula Grants (EECBG) and for the city to administer the grant funding and act as the fiscal agent for the formula funds. City Council Meeting -3- June 15, 2009 4f. Motion to Adopt Resolution No. 09-081 accepting a donation from Nordic Ware in the amount of$20,000 for relocating the beehive and improvements to Lilac Park. 4g. Approve for Housing Authority Minutes April 15, 2009. 4h. Approve for Filing Housing Authority Minutes May 13, 2009. 4i. Approve for Filing Vendor Claims. It was moved by Councilmember Finkelstein, seconded by Councilmember Basill, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions - None 6. Public Hearings — None 7. Requests, Petitions, and Communications from the Public — None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Project Report— 36th Street Streetscape— Project 2008-2600 Resolution No. 09-082 Mr. Brink presented the staff report and stated the project includes streetscape improvements as part of a much larger group of projects in the area, including the Highway 7 and Wooddale grade separation project and future light rail station. He noted the project has been designed in a manner that can work best with present and future needs in the area He stated the proposed improvements include street parking, new decorative sidewalks, planters, trees, irrigation, lighting, modular block walls, benches, and bollards. He stated there is some urgency in getting the project completed this year due to the Met Council grant monies received under the Livable Communities Development Account Grant; that grant was awarded to pay for several aspects related to the redevelopment of West 36" Street in the Elmwood neighborhood and construction must be started by year end. He stated the project is expected to cost $1.4 million with funding coming from the Met Council grant and the Elmwood TIF, with construction scheduled to be completed October 15, 2009 Councilmember Basill expressed thanks to staff for their work on the project and stated careful consideration was given to several facets of Vision St. Louis Park in the design of the project. It was moved by Councilmember Basil!, seconded by Councilmember Finkelstein, to Adopt Resolution No. 09-082 accepting report, establishing and ordering Improvement Project No. 2008-2600, related to 36th Street Streetscape Improvements between Wooddale Avenue North and Highway 100, approving plans and specifications, and authorizing advertisement for bids. City Council Meeting -4- June 15, 2009 Councilmember Finkelstein stated the City has spent a considerable amount of time and money in redeveloping this area and this project is long overdue. He stated this area will eventually be a light rail stop and it behooves the City to invest in the street. Councilmember Sanger asked when and to what extent traffic will be disrupted on West 36th Street during construction. Mr. Brink replied that all construction work will take place behind the curbs so there should be little if any traffic delays. He added there may be some temporary lane closures from time to time. The motion passed 6-0. 8b. Benilde-St. Margaret's Athletic Facility Improvements Resolution Numbers 09-083 and 09-084 Mr. Fulton presented the staff report and explained that Benilde-St. Margaret's (BSM) initially submitted a proposal for modifications to its athletic facilities in 2008 which was approved on January 20, 2009. BSM has since determined that changes are needed to the site plan as a result of modifications to the wetland mitigation plan and stormwater management system for the site. He explained that the new site plan includes an above- ground stormwater pond located near the south property line which uses space previously dedicated to additional parking spaces and field#5. He stated that as a result, the number of additional parking spaces being built on-site has been reduced, and previously undisturbed areas will see trees removed for wetland mitigation. Mr. Fulton stated the pond will have standing water to maintain water quality and will have a level of 871'; when the pond reaches the overflow level of 875', water will move north to the wetland area towards Twin Lake. He stated the two major wetland areas are under the jurisdiction of the Minnehaha Creek Watershed District and the plan will be reviewed by the Watershed District on June 18th; Watershed District staff has recommended approval of the wetland mitigation plan. Mr. Fulton reviewed the tree replacement calculations and stated the calculations are now more accurate and include all significant trees on the site. He stated the revised tree replacement plan meets the requirements of the City and the conditions as recommended by the Planning Commission. Mr. Fulton discussed the parking requirements as reviewed by the Planning Commission and stated that the current BSM plan proposes 405 on-site spaces and at least 44 proof of parking spaces; in addition BSM has a parking arrangement with Beth-El Synagogue to share parking which makes available 158 additional parking spaces. City Council Meeting -5- June 15, 2009 Mr. Fulton stated the new conditions reflect the changes in the site plan and other aspects of the application. He stated the January 20th approval is proposed to be rescinded, but all the conditions would carry forward to the new resolution with some modifications. Mr. Doug Cooley, Benilde-St. Margaret's building committee chair, explained that BSM previously proposed a man-made underground stormwater system which met Watershed District requirements and represented an effective engineering solution for the stormwater management plan. He stated BSM later received a more accurate cost estimate and learned this method was very expensive and burdensome, resulting in an additional $15,000- $20,000 annually to maintain the system and would have required yearly inspections to look for and clean out debris; BSM determined that it could not proceed with this option. He stated BSM is proposing a two-phase approach, first to identify and locate the wetlands followed by seeding of the wetlands by August 15t and construction completed in August 2010. He stated BSM has had many meetings with City staff and the Princeton Court residents and it is BSM's belief that it has gone above and beyond to cooperate and work with the residents to make this project work for everyone. Councilmember Finkelstein asked if field#5 will have lighting. Mr. Cooley stated there would not be lighting on field #5 and only field #1 and the existing football field will be lit. Councilmember Finkelstein requested clarification regarding the water depth in the pond and asked if the pond will typically hold four to five feet of standing water. He asked if fencing around the pond would be appropriate. Mr. Cooley stated the bottom of the pond is 866' with a normal level of 871' resulting in a five foot level of water on a normal basis. He added the maximum level can reach 875', at which point there would be nine feet of water in the pond; however, the overflow is at 871' so the pond would in fact start draining once the level reached 871'. He stated the sloping of the pond's perimeter does not necessitate a fence and added there is a fence along the west side of the property to prevent balls from entering the area. He stated they are currently working with the Watershed District and plan to take care of the wetland area first and to seed it by August 2009; once the seeding takes place and it starts to grow, it is anticipated that in April or May of 2010 they can implement the second phase of the project in order to be ready for the fall 2010 season. Mayor Jacobs stated the City Council received a letter from Robert DeMay which will be made part of the official record. Robert DeMay, 2505 Quentin Court, stated the City Council must follow certain procedures in order to amend the Special Permit and stated he does not feel the City has met those obligations. He indicated he previously urged the Planning Commission to table the proposal because it failed to address material concerns. He stated that BSM's proposed changes make the project less consistent with R-1 zoning and add to the adverse impact on City Council Meeting -6- ,June 15, 2009 the Princeton Court residents. He stated the Princeton Court residents expressed their concerns about the revised plan to BSM and requested an opportunity to further review the proposal in order to find a solution that works for everybody. He stated the Princeton Court Association presented a proposal to BSM to expand the existing pond on Association property to allow water storage on the Association property and in return, it would save trees that provide major buffering. He indicated that BSM informed the Association that it was concerned about liability for the Association and thus rejected the proposal. He stated it is within the rights of the residents in this area to insist that the City Code be strictly applied in these circumstances. He added it appears that BSM is asking for a do-over in this case and he did not feel that rescinding the prior resolution is consistent with City Code. He stated the proposal does not appear to meet City Code and felt the judicious choice is to wait to get an opinion from counsel. He stated the lack of the required 25' setback precludes approval because the insufficiency of the setback represents non-conformities under the Code and BSM is intensifying those non-conformities. He discussed the parking requirements under City Code and stated BSM is generating over 500 cars of parking between its location and Beth-El's parking lot. He stated that BSM cannot reasonably rely on Beth-El's parking arrangement. He stated the City Council must find the proposed use is consistent with the R-1 zoning with no undue adverse impact on the neighborhood. Duane Krohnke, 2505 Princeton Court, stated he was opposed to approval of the major amendment and expressed concern regarding the proposed tree removal. He stated he is troubled by the destruction of trees and does not feel it is necessary. He stated if BSM were a good neighbor, it would accommodate the legitimate interests of the neighbors. He asked the City Council to reject BSM's proposal or at a minimum, to table this item. Randy Hoversten, 2508 Quentin Court, stated he is a Board member of the Princeton Court Association and the Board adopted a resolution this evening which opposes the actions of the City Council. Mr. Hoversten presented the Association's resolution to the Council for placement in the official record. He stated the revised plan results in another pond that borders the Princeton Court development. He indicated that Princeton Court already has one pond which causes some problems that are created by factors not considered the responsibility of the Princeton Court Association. He added another impact of the proposal is the shrinking of field #5 which will move activities closer to the Princeton Court development, which is an intensification of activities in the athletic fields. He expressed concern about the loss of additional mature trees which provide screening for light and sound, thus negatively impacting the homeowner's association. Mayor Jacobs accepted the resolution from the Princeton Court Association. Joy Peterson, 2301 Westridge Lane, asked if the City Forester was consulted regarding the removal of significant trees. She stated she is concerned about the environmental impact because mature trees are important for wildlife, improving the ecosystem and maintaining a balance of life on the planet. She stated she is puzzled as to why these concerns are not being addressed. She stated the Planning Commission attached several conditions to the Special Permit, however, BSM's priority appears to be its own interest and not with being a good City Council Meeting -7- June 15, 2009 neighbor. She recounted a recent all-night event at the school with a live band and tents all over the property; residents were not notified regarding this event. She stated one of the conditions in the permit indicates 30 minutes of music is allowed through the BSM sound system, however, the live band used its own speakers and it was significantly louder than what has been experienced in the past. She suggested that notifying residents regarding an all-night event would be a common courtesy. She encouraged the City Council to listen to the resident's concerns and put in place guidelines that everybody can live with. Lee Snitzer, 2504 Quentin Court, stated that the people being impacted by this project are taxpaying citizens and he wanted to get a sense of how those taxpayers feel about the proposed project, so he circulated a petition. He stated that 72% of the residents on Quentin were against the project and 60% of the residents on Princeton were opposed. He recited the language contained in the petition and presented it to the City Council for placement in the official record. He stated their concerns focus on three areas, including adequate onsite parking during athletic events and increased attendance due to the new stadium; this will be exacerbated when Beth-El is holding an event, resulting in more traffic on their streets creating a safety hazard and changing the nature of their neighborhood. He stated another concern is the proposed addition of another stadium bringing increased light pollution; residents feel the existing stadium's lights should be brought into compliance with current Code. He stated another concern is the proposed addition of a stadium bringing increased noise pollution from loud music and sports announcers, thus changing the fabric of their neighborhood, particularly at night. He asked the Council to vote against the proposal in order to maintain the essence of their quiet and safe neighborhood He asked if BSM or BSM's supporters are involved in some other development in a park or in the City that they may have contributed to which is somehow connected to this most recent project. Mayor Jacobs stated there is no quid pro quo. Kirsten Doerfert, 2500 Princeton Court, stated she is strongly opposed to the project because it will result in significant loss of trees on the east side of her property, which is currently very dense and provides foliage and coverage. She stated the loss of these trees will be devastating for her. She asked the City Council to deny the request for additional tree removal and to require that an alternate plan be adopted that does not include removal of these additional trees. Stan Jurgensen, 2309 Westridge Lane, expressed concern regarding noise and stated they have heard many times that the noise issues will not occur again, but they continue to have noise complaints. He stated there does not appear to be any meat in the resolution as to what has to be done and suggested that BSM be required to adopt a written policy and procedure, reviewed by the planning commission that addresses the noise issue. Rabbi Avi Olitzky, 2516 Quentin Court, stated he is a Rabbi at Beth-El and that BSM treats them well. He stated he has never had an issue with people parking on his street in the Princeton Court development. He added he has never been bothered by noise from athletic events. City Council Meeting -8- June 15, 2009 Councilmember Sanger requested clarification regarding the process the City Council is going through this evening. She asked if action taken this evening by the Council, setting aside the site plan changes that BSM proposes, would keep all the same conditions in effect from the January 20th approval with the exception of the permission being granted for the City to use BSM's fields for city purposes. Mr. Locke stated the proposed resolution before the City Council carries forward all conditions for approval from the previous January 20`h action. He explained the resolution to rescind the January 20th resolution was something that staff and the City Attorney concluded was the most effective thing to do to make sure it is clear which resolution contains all the conditions. He stated the Council has discretion to restate the previous conditions, or to keep the existing January resolution and approve a new resolution for the revised plan as a restatement with additional new conditions. He stated from staff's perspective, it seemed clearer to rescind the old resolution and bring all the conditions into one new resolution. Councilmember Sanger stated she had a number of concerns about this process and was unable to find anything in the City Code demonstrating Council's ability to rescind a special amendment. She stated she did not feel the proposal provides enough parking and the parking needs were calculated using a formula applicable for senior high schools, but the City Council is now being asked to approve a plan that will have 2,500 bleacher seats that could be in use at the same time. She questioned where all these people are going to park and noted that the arrangement with Beth-El is not a permanent arrangement. She felt the City should re-calculate the parking space requirements in order to make a realistic effort to have sufficient parking for all visitors at events, and to use a formula for senior high facilities as well as a formula that the City uses for community gathering places. She stated the 44 proof of parking spaces that has been included in the proposal is not adequate. She felt there should be a condition added that requires BSM to provide additional parking spaces. She stated there will be major traffic in the Fernhill and Lake Forest neighborhoods and BSM needs to provide additional parking. Councilmember Sanger expressed concern regarding tree loss and the implications under the City Code. She stated BSM has now proposed to remove even more large trees which provide a significant buffer of noise and light and add to the privacy of residents. She stated if this area is clear cut, the fence is of no use and these residents need to have some sort of noise and light buffering. She indicated there is nothing in this proposal allowing for any widening of the setback to come into Code compliance and the narrower setback and reduction of buffer yard means the City is taking a step backwards. Councilmember Sanger stated another concern is the process by which the City has gotten to this point and felt there has only been one significant concession by BSM to address resident concerns regarding noise with the installation of the governor to mitigate noise from the public address system. She stated there has been an intensification of uses with significant adverse impact spilling over onto the neighbors. She stated she does not have confidence that the committee process is going to work and felt a stronger enforcement mechanism needs to City Council Meeting -9- June 15, 2009 be in place. She stated the Princeton Court Association has suggested that wetland mitigation could be moved onto the edge of Twin Lake Park, resulting in fewer trees being cut down. She noted this is a major policy question for the Council as to whether it is appropriate for a private entity to use City land for this purpose and felt it was worthy of further discussion by the Council. Councilmember Sanger stated that BSM has had to shrink the size of field #5 so it will not be able to use it for events as previously planned. She suggested BSM give consideration to eliminating field#5, moving the stormwater pond to field#5, and taking the space where the stormwater pond is proposed and use it to expand the parking. She added the pond would create a good buffer yard, it would add more parking, and it would mean no proof of parking plan that is at best illusory. It was moved by Councilmember Sanger to table this item until the City Council has an opportunity to further discuss the proposal in Study Session and to bring this item back to the City Council for action by the end ofJuly. The motion failed for lack ofa second. Councilmember Sanger requested an amendment to the conditions contained in the proposed Resolution, specifically condition 4(d), to state "If parking should become a problem in the future, the Zoning Administrator may require that proof of parking be converted to parking and additional measures taken by BSM at its expense to mitigate the congestion." She stated this would give staff additional power to require other forms of parking mitigation should congestion arise. Councilmember Sanger also requested an amendment to condition 5(k) by adding a new paragraph 5(k) (8) to state: "8. No more than one athletic competition shall be permitted to occur at any time. Councilmember Paprocki noted that BSM frequently uses more than one field during athletic events, e.g., youth soccer. He stated clause 5(k) (8) would negate that type of competition. Councilmember Sanger suggested revising paragraph 5(k) (8) to state "no more than one athletic competition in field #1 and the existing football field shall be permitted to occur at any time." Councilmember Omodt called for a point of order and asked that all Councilmembers be allowed to ask questions before discussing the terms of the conditions. Councilmember Omodt requested further information regarding proposed uses on field#5. Dr. Bob 'rift, President of Benilde St. Margaret's, stated field #5 is used for soccer, football and lacrosse games and practices by seventh, eighth, and ninth graders. City Council Meeting -10- June 15, 2009 Councilmember Omodt stated there are less people who attend practice sessions and asked how de-intensification of a use is measured. Mr. Locke stated it is important to recognize that a school use is allowed on this property, so it is not about whether they can have school-type activities. He explained that from a practical standpoint, the issue of reducing nonconformities is about such things as the setback not being 25', i.e., an outdoor activity is not 25' from the property line as is the zoning requirement. He stated in order to have an amendment to a special permit, and over time reducing those nonconformities, the language states the nonconformities will be reduced "to the extent possible and reasonable." He added in this case BSM is not increasing the setback; however they are improving the buffer area by planting additional landscaping and a permanent fence. Councilmember Omodt stated the City has rarely had parking problems for St. Louis Park High School games and asked if it is realistic to expect 2,500 people at a BSM event. Dr. Tift replied that BSM rarely has two varsity events occurring at the same time. He stated for soccer games they typically have fewer than 100 people attending and larger numbers of people attend football games. Councilmember Finkelstein stated there was a lot of concern expressed this evening regarding the all-night Relay for Life event held recently. He asked if BSM was willing to commit to setting up an email distribution list of all the neighbors that would give them two or three days notice of upcoming events. Dr. Tift replied in the affirmative and added the special permit contains a condition regarding neighborhood notification. Councilmember Finkelstein asked if BSM was willing to commit to having someone on call 24/7 so that residents always have someone they can call if issues arise. Dr. Tift stated it would be challenging to ask someone to commit to being on call 24/7 for this purpose. He added BSM has recently hired a full-time security guard. He stated a school is typically a noisy place and while some of the concerns presented this evening are legitimate, there are normal routine activities that are part of the everyday operation of a school that will likely always an issue. Councilmember Finkelstein asked if BSM could add more trees to the area between field #5 and field#1 to address the concern regarding tree loss. Ron Spoden, ATS&R Architects, stated their design includes more trees on the south end of the property intended to provide additional buffering without interfering with some of the use on field #5. He added the design calls for transplanting the buffer east of the parking lot which contains substantial deciduous trees and evergreens. City Council Meeting -11- June 15, 2009 Councilmember Sanger stated the suggestion of an email distribution list is commendable but there still appear to be some issues regarding notices. She stated one of the conditions imposed on BSM in January was that it agreed it would not be allowing use of their fields by other entities than themselves. She stated the Cancer Society's Relay for Life event has been going on for a number of years at this location. Councilmember Omodt stated if someone has a complaint at 1:00 in the morning, they should call 911 and not Dr. Tift or other BSM staff. He added it was his recollection that the City Council specifically discussed events such as Relay for Life and the Council determined that it would not prohibit events such as Special Olympics or Relay for Life. Mr. Locke stated it appears that the parking needs at BSM are being met on a daily basis and the question for the City Council is whether it wants to require enough parking for peak events, e.g., parking for 1,400 people. He added it comes with the territory that there will be overflow parking into the neighborhoods. Councilmember Sanger stated she recognized that it is unlikely there will be 2,500 people at an event and that BSM is trying to maintain green space in the neighborhood. She stated there is a history with the Fern Hill neighborhood where parking issues came to a head and she has received a significant number of noise and parking complaints. She indicated she would like to see the City require that BSM arrange for off-site parking and/or shuttles. Councilmember Basill stated it appears that the reduced use on field #5 may be a benefit compared to its use today. He stated he will support this plan with the commitment by BSM to communicate better with residents. Councilmember Finkelstein stated the Council discussed in January the tension with having a school in a quiet neighborhood. He stated as a whole, the revised plan is worthy of support. He encouraged BSM to work on building better relationships with its neighbors. It was moved by Councilmember Paprocki, seconded by Councilmember Finkelstein, to adopt Resolution No. 09-083 Rescinding Resolution No. 09-011 Adopted on January 20, 2009, Relating to Zoning to Allow Modifications to Athletic Facilities at 2501 State Highway 100 South and to adopt Resolution No. 09-084 Amending and Restating Resolution No. 00-057 Adopted on May 1, 2000, and Granting Amendment to Existing Special Permit under Section 36-36 of the St. Louis Park Ordinance Code Relating to Zoning to Allow Modifications to Athletic Facilities at 2501 State Highway 100 South. It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to amend paragraph 4(d) of Resolution No. 09-084 to state "d. If parking should become a problem in the future, the Zoning Administrator may require that proof of parking be converted to parking, and additional measures taken by BSM at its expense to mitigate the congestion." City Council Meeting -12- June 15, 2009 Councilmember Basill asked about the practical implications from a staff perspective if a problem with parking arises. Mr. Locke stated if there is a problem with parking, the Zoning Administrator would have quite a bit of leverage and authority to require proof of parking. He added prior to BSM putting in new parking, it would propose any number of possible solutions to solve the parking problem but it would be the Zoning Administrator's discretion to decide whether what is being proposed is suitable. The motion to amend paragraph 4(d)passed 6-0. It was moved by Councilmember Sanger to amend paragraph 5(k) of Resolution No. 09- 084 to add paragraph 5(k)(8) to state "8. No more than one athletic competition shall be permitted to occur concurrently on field #1 and the existing football stadium at any one time." The motion failed for lack ofa second. It was moved by Councilmember Finkelstein to amend paragraph 5(e) of Resolution No. 09-084 to state "e. Music played over any outdoor amplified sound system shall be permitted until 10:00 PM for a duration of not more than thirty (30) minutes before any varsity athletic event or for occasional outdoor events typical of a high school Neighborhood notification, including email, shall be required for any special outdoor events featuring music." Councilmember Basill suggested revising the sentence to state neighborhood notification "through" email, not "including" email, shall be required. Councilmember Finkelstein agreed to the friendly amendment to his motion. Councilmember Paprocki stated the current wording of paragraph 5(e) does not preclude use of email. He added it should be left to BSM's discretion to use whatever notification means is easiest. He stated email does not work for everyone. Mayor Jacobs stated the last sentence of paragraph 5(e) indicates that neighborhood notification shall be required, thus making it incumbent upon BSM to notify neighborhoods of any special outdoor events featuring music; as a result, he suggested the amendment to paragraph 5(e) is not necessary. Councilmember Finkelstein withdrew his motion. The original motion passed as amended 5-1 (Councilmember Sanger opposed) to adopt Resolution No. 09-083 to Allow Modifications to Athletic Facilities at 2501 State Highway 100 South and to adopt Resolution No. 09-084 granting Amendment to Existing Special Permit to Allow Modifications to Athletic Facilities at 2501 State Highway 100 South. City Council Meeting -13- June 15, 2009 9. Communications Mayor Jacobs reminded residents of the annual Parktacular celebration beginning Thursday, June 18t and running through the weekend. He stated the Parktacular website, www.parktacular.org, contains a list of events. 10. Adjournment The meeting adjourned at 10:10 p.m. l' 4 / Nancy Stroth, City Clerk Jeff J obs, :ayor