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from traffic would exceed the noise from children playing in the playground and felt to put these constraints on one religious organization and not others is a form of religious discrimination. Rabbi Raleigh Resnick thanked neighbors and reviewed the issues agreed to. Darlene Miller commented on traffic noise being white noise, which is different from voices and addressed a comment regarding property values and impacts of noise on them. She commented positively regarding cooperation with the Chabad. Mayor Thorne closed the public hearing. Councilmember Testa noted a speaker for St. Clare's indicated they do not want another parking agreement and asked for clarification. Director of Community Development Beaudin reported the last correspondence received indicated St. Clare's wanted to make sure they could implement their Master Plan and it requires additional parking to implement future phases beyond Phase 1. The speaker indicated they were willing to forego the additional parking meaning forgoing the Master Plan. City Manager Fialho added the way the Master Plan is written, once Phase 2 is triggered, the mitigation of parking is necessary, and staff will need to find another alternative as a solution. Councilmember Testa felt the issue is important to understand. Mayor Thorne referenced Condition No. 6 and Councilmember Pentin pointed out the Chabad has shown consistency in the last few years and did not think the City needs to limit capacity at 120, as they have had no problems with neighbors in that regard. He noted other parking opportunities available and did not feel the City should limit growth of the Chabad. He suggested adding a stipulation that the issue will be reviewed by the Director of Community Development within a set time to address potential issues that arise. He agreed with raising the capacity to 250. Councilmember Brown asked about potential issues with the Fire Code. Planning Manager Clark reported that in discussions with the Building Official, it appears area could accommodate 250 people without any problem. Director of Community Development Beaudin referenced the maximum design occupant load and felt there would be a design load issue having 250 people in the synagogue. Design modifications would be needed to accommodate 250 people and staff needs to ensure that would be safe. Councilmember Pentin noted they will be allowed to hold five events per year with an attendance of 250. Director of Community Development Beaudin clarified it would be 250 on site. There will be occupancy issues if 250 people go into the synagogue. Councilmember Narum stated she would accept increasing capacity to 250 as long as there are conditions prohibiting overflow parking in the neighborhood. In response to Councilmember Brown's inquiry, Director of Community Development Beaudin reported when they submit their applications for their interior models and design, staff will make sure it is clear to them how many people can safely be in the building. MOTION: It was m/s by Pentin/Narum that the maximum occupancy be 250 without a limitation on the number of events with a TUP; and when the Chabad brings forward their design for the interior remodel, staff will work with them as to how the building can be used; and prohibiting parking in the neighborhood if parking is available at the sports park. Motion passed by the following vote: Ayes: Councilmembers Brown, Narum, Pentin, Testa, Mayor Thorne Noes: None Absent: None City Council Minutes Page 8 of 20 April 16, 2019