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Home My WebLink About2012-11-07 PACKET 05.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 11/7/12 � rls PREPARED BY Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST: Receive response to open forum inquiry - Real Fit Workout Studio noise issues. STAFF RECOMMENDATION Receive response to open forum inquiry - Real Fit Workout Studio noise issues. BUDGET IMPLICATION $N /A $N /A BUDGETED AMOUNT ACTUAL AMOUNT ADVISORY COMMISSION ACTION: N/A FUNDING SOURCE DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated 11/1/12 Memo from Captain Pete Koerner dated 11/1/12 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Real Fit Workout Home Occupation Permit Real Fit Workout schedule and class description MINISTRATOR'S COMMENTS: .... N y P '❑ ' Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: November 1, 2012 RE: Response to an Open Forum Inquiry — Real Fit Workout Studio Introduction At October 17, 2012, City Council meeting, Mary VanRisseghem, 7697 Inskip Trail South, spoke to the City Council at Open Forum about a low frequency sound (deep base) emanating from 7685 Inskip Trail. Ms. VanRisseghem explained that this pulsating /vibration nuisance adversely affects her health and requested that the City check into this matter. Background Laura Devine resides at 7685 Inskip Trail South and operates a fitness studio in her home. A home occupation permit was issued to Ms. Devine on February 5, 2007. A copy of the Home Occupation Permit, the workout schedule for the week of October 29 through November 4, 2012, and a description of the classes are attached. Mary VanRisseghem called the City on August 2, 2012 to complain about music (particularly the deep bass sounds) from Laura Devine's home. Ms. VanRisseghem also believed this business should not be allowed in the residential neighborhood and wanted an explanation why neighbors were not notified of this business before it was allowed in Ms. Devine's home. The City's Zoning Ordinance regulations were explained to Ms. VanRisseghem. Ms. Devine was contacted about the music emanating from her home; she was familiar with the City's noise ordinance and complained about VanRisseghem's barking dogs. Complaints from both parties continued and numerous phone calls to both parties occurred for about two weeks. On August 21, 2012, Community Service Officer Nick Bailey and I met with Laura Devine and Mary VanRisseghem. Two health care representatives for Ms. VanRisseghem also attended. We had Ms. Devine play the music at the level she uses during the exercise sessions. VanRisseghem's complaint was focused on the really low frequency levels that are not always audible, but apparently reverberate into VanRisseghem's home and causes pain to her body. VanRisseghem explained her situation concerning her dogs and agreed not to allow the dogs to access the outdoors when she was not home because they would bark. Devine agreed to lower the volume level and not spray VanRisseghem's dogs with a garden hose. The sound level from Devine's home has not been loud enough to warrant the need to obtain a decibel reading and the apparent reverberating effects have not been observed. Honorable Mayor, City Council, and Ryan Schroeder Response to an Open Forum Inquiry — Real Fit Workout November 2, 2012 Page 2 of 2 Discussion Pete Koerner, Deputy Director of Public Safety /Police Captain, met with both individuals and the matter has been resolved. A copy of his memo is attached. Laura Devine and Mary VanRissegham were both notified that City staff did not find any viola- tions and thanked both parties for their cooperation in mutually resolving this matter. Both were sent a copy of this and Captain Koerner's memorandums and were informed that the City Council is not recommended to take any action on this matter. They were invited to attend the November 7, 2012 Council meeting. Recommendation No further action is necessary at this time in response to Mary VanRissegham's request at open forum on October 17, 2012. Attachments: Devine's Home Occupation Permit Real Fit Workout Schedule Workout Description Koerner's Memorandum dated November 1, 2012 Copy to: Mary VanRissegham Laura Devine cotta Grove ge City of Cottage Grove Memo 11 61 11 Pride ana prospenty Meet Department of Public Safety — Police — Fire - EMS To: Senior Planner John McCool From: Deputy Director of Public Safety Peter J. Koerner Date: October 31, 2012 Re: HOME OCCUPATION NOISE At the October 17 2012, regular City Council meeting, Mary VanRisseghem addressed the Council in regards to a concern that she had in regards to her neighbor's loud bass during her spin classes. The following is a summary of the police department's actions. History: In August of 2012, we discussed a complaint that Community Development had received. You had made arrangements to speak with the two neighbors involved. I found that Laura Devine, 7685 Inskip Trail So, has a home studio where she does fitness classes. Her neighbor, Mary VanRisseghem, 7697 Inskip Trail So, has reported that during classes the vibrations from the bass cause her discomfort due to a health condition. There had also been a concern on VanRisseghem's dogs excessively barking. We did coordinate our efforts and I assigned a Community Service Officer to assist with resolving the conflict. With researching our ordinances, the applicable ordinance is 5 -1 -2: Disturbing the Peace, however the ordinance does not include vibrations from bass. It is not uncommon for an officer to receive complaints of disturbing the peace and a majority of the complaints of loud music late at night. Since your meeting on August 21, 2012, the Public Safety Department did receive three noise complaints. All three reports were similar in nature and the findings were the same. Incident # 112112882 — September 20 - Disturbing the Peace Officer received a report that the complainant has a degenerative disorder and advises that the bass from the neighbor's fitness class vibrates into her home and creates further discomfort in her bones. The fitness class was not going on when reported; however the officer did speak with VanRisseghem (the complainant) and Devines (neighbor). Incident # 112113136 — September 26 Disturbing the Peace Officer received a disturbance complaint involving loud bass. Officer met with VanRisseghem who reported her concerns about the bass. The officer reported that from the property line he had to "really concentrate to even hear the music and bass ", The music was not loud enough to warrant a decibel meter reading. The officer also meth with Christopher Devine who explained the different adjustments that they have made to satisfy their neighbor and avoid a conflict. Incident # 112113549 — October 4 Disturbing the Peace Officer received a 9 -1 -1 hang up and found that VanRisseghem was calling about the "excessive bass tones" coming from her neighbor's house. The officer checked the "in- house" records in regards to the ongoing situation. The officer found no audible sound while standing at the property line and did not hear any bass. Additional Actions: After the council meeting, I did coordinate with Patrol Captain Rinzel and Senior Planner McCool to schedule a meeting. The purpose of the meeting was to coordinate efforts between police and the community development/planning department. We will meet next week to follow up on any concerns. In an effort to "witness" the bass which was causing the vibrations, I did respond to Laura Devine's residence on October 19 I met with her at the studio located at 7685 Inskip Trail. She did show the configuration of the studio and also showed the location of the speakers. She advised that her husband Christopher had made adjustments to the location of the speakers. Her spin class was ready to begin so I did have her play the music at the level that she does during the class. In the studio the music was loud however I did not notice the bass to cause excessive vibrations. While her class was going on she did allow me to go into her home. I could barely hear the music while in her home and did not notice any vibrations from bass. I also went into her backyard. I could barely hear the music from the property line. I also put my hand on the side of the studio and could not feel any vibrations. I could hear the air conditioning unit more than the music. There was not a violation of loud music nor could I feel any vibrations. I did go to VanRisseghem's residence, 7697 Inskip Trail So. and attempted to make contact with her. No one was home at that time. On Friday, October 26 ", I did speak with Mary VanRisseghem in regards to the concerns that she had in regards to the vibrations. She told me that whatever adjustments the Devine's made has stopped any vibrations. She said after the council meeting she has not noticed any loud music or a problem with the bass. She was satisfied with the change and stated she did not need any further assistance. I did advise her that if the bass (vibrations) that concern her begin to contact the police department when it occurs so we can come into her home to witness the vibrations. I did provide her with my cell phone number and asked her to contact me so I could assign an officer and explain to them the concern. Mary did ask that I follow up with her neighbors and thank them for addressing her concerns. She advised that she does not want conflict with her neighbors. I did contact her neighbor Laura Devine and advised her of my conversation. I did tell her that whatever adjustments they made and the music level she is using is satisfactory of her neighbor. I did advise her that if the bass became an issue that Mary would call me and we would address. Action: At this point there will be no further action needed from the Public Safety Department. VanRisseghem was satisfied with the adjustments made and requested no further action at this time. Police and community development/planning will still meet so we have a coordinated response if there becomes an issue. PJK • • • City of %M l ta e g Grove S to 7516 — 80th Street South .6 Cottage Grove, MN 5P01 6K Permit No. i Fee Paid: Approved by: Community Development Department 651 - 458 -2827 � OME OCCUPATION PERMIT APPLICATION Home occupation permit fee is $60.00. Business ame: &eal R Business Owner's Name: L ('/�,l k ra Property Owner's Name: Gt,�,�'r�� (- �� t �j Q �} tku t perty Address: Telephone N umber(s): of Occupation /Business: Hours of Operation: — 1 n U VA Number of Employees: Estimated number of deliveries per week: uipment used in this Home Occ ad 1 have received a copy of the performance standards for Home Occupations contained in Title 11 -9A -3 of the City Code and understand that violation of the standards shall be grounds for revocation of the permit. Please print or type and fill in form completely. Your $60.00 application fee is due at the time this application is submitted. Chemicals or materials used i this Home Occupation: Business Owner Signature / Da'te Schedule Widget Schedule Widget Schedule forOctober 29, 2012 - November 4, 2012 Page 1 of 1 MonOctober 29, 2012 Class Instructor/Therapist 4:30 PM - 5:30 PM Cardio Boxing Laura Devine 5:45 PM - 6:45 PM Strength & Tone Laura Devine TueOctober 30, 2012 Class Instructor/Therapist 3:30 PM - 4:15 PM Private Yoga Class Laura Devine 4:30 PM - 5:30 PM Strength & Tone Laura Devine 5:45 PM - 6:45 PM Spin Laura Devine WedOctober 31, 2012 Class Instructor/Therapist 12:30 PM - 1:15 PM Securian Yoga Laura Devine ThuNovember 1, 2012 Class Instructor/Therapist 9:30 AM - 10:30 AM Strength & Tone Laura Devine 4:30 PM - 5:30 PM Spin Laura Devine 5:45 PM - 6:45 PM Strength & Tone Laura Devine FriNovember 2, 2012 Class Instructor/Therapist No Classes SatNovember 3, 2012 Class Instructor/Therapist 8:00 AM - 9:00 AM Strength & Tone Laura Devine 9:15 AM - 10:15 AM Spin Laura Devine 10:30 AM - 11:30 AM Yoga with Jill Laura Devine SunNovember 4, 2012 Class Instructor /Therapist No Classes 3I -! https : / /www.healcode.com /widgets /schedules /print /8i460945sg 10/31/2012 Class Descriptions Page 1 of 2 STRENGTH & TONE We'll strengthen, tone, and sculpt all the major muscles of the body using free weights, resistance bands, stability balls, BOSU Balance Trainers, and more! SPIN Burn mega calories as you spin on an indoor cycling bike to music in this fun & energetic cardio session! YOGA Gain strength, flexibility, & mind -body awareness in this flowing style class. This is the perfect class to help calm and quiet the mind while still giving you a workout! Bring your own yoga mat or rent one of ours for $1. CIRCUIT Get the best of both worlds with this cardio and strength training class. The stations are guaranteed to give you an awesome workout and are changed weekly. SECURIAN YOGA This is lunch hour yoga class offered for Securian Financial employees held on -site. INTRO TO YOGA (90) This is a great place to start your yoga journey. You'll learn basic yoga philosophies and breakdown beginner poses at a slow and relaxed pace. Offered once a month. Cost is only $81 You're welcome to come to this class no matter where you are in your yoga journey, but only need to attend once. CARDIO BOXING Learn how to kick some butt with this heart pumping, jab throwing, card!o kick boxing class! All boxing moves are non - impact (you aren't actually punching someone, just punching and kicking the air). You'll get toned arms from all the punches, strong legs from all the kicking, and we'll make sure we burn out the core at the end! i -ON -1 PERSONAL TRAINING & YOGA SESSIONS This is a great option for those who want more 1 -on -1 attention. I will focus on your specific goals during our sessions together. This 60 minute session is appropriate for high school athletes looking for some sports specific training in the off - season, persons with developmental disabilities, someone who is pew to exercise, or any person looking for that extra bit of attention. All classes are 1 hour in length and for all levels unless otherwise noted. Bring inside only (clean) tennis shoes and water to all classes. No shoes are needed for yoga and pilates. http:// www. r- fit.com/ClassDescriptions.html 10/31/2012