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HomeMy WebLinkAboutCity Council Minutes 08-23-2011Adopted Minutes Regular Council Meeting August 23, 2011 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Medicine Lake Room of City Hall, 3400 Plymouth Boulevard, on August 23, 2011. COUNCIL PRESENT: Mayor Slavik, Councilmembers Bildsoe, Murdock, Black, Stein, Willis, and Johnson. ABSENT: None. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park Director Evans, Public Works Director Cote, Community Development Director Juetten, Administrative Services Director Portner, Police Chief Goldstein, Fire Chief Kline, Police Officer Richardson, Human Resources Director Kone, Senior Planners Drill and Darling, Planning Manager Thomson, Transit/Recycling Manager Hellekson, and City Clerk Engdahl. Mayor Slavik announced three teams and their coaches from the Wayzata Youth Baseball Travel Association who recently won at State. The Council congratulated the teams on their accomplishments. Plymouth Forum Greg Gibson, 4300 Niagara Lane North, asked if there was an update on the Excel Energy power line going through the City. Public Works Director Cote reported this is an Excel Energy project, not a City project. Excel Energy sent an application on June 30 to the Public Utilities Commission. The application involves a new power station and improvements to decrease overloads and increase capacities. They submitted two routes with one being existing. The permit also included two substations off I-494 near Schmidt Lake Road. He stated the Public Utilities Commission has six months to decide if this is a permit that should proceed. A meeting is scheduled for August 24 by the Department of Commerce to determine if the application is complete, and if it is, if a public advisor will be appointed or an advisory task force that would consist of city representatives and community members. It appears that the Department of Commerce feels an advisory task force may be warranted. He encouraged people to visit the Department of Commerce's website at www.edockets.state.mn.us and search for TL -11-152 in order to seek additional information. Councilmember Johnson requested this information be available on the City's website. i Adopted Minutes 1 of 13 Regular Meeting of August 23, 2011 Presentations and Public Information Announcements 4.01) Oath of Office to Firefighters Sergio Flores and Aaron Morris City Clerk Engdahl administered oaths of office to Firefighters Flores and Morris. 4.02) Observance of September 11, 2001 Fire Chief Kline reported on a public safety display and memorial ceremony on observance of September 11, 2001 on September 11 at Grace Church, 9301 Eden Prairie Road, Eden Prairie beginning at noon. Mayor Slavik announced that Governor Dayton presented a proclamation to the City today stating that Plymouth is being honored as "Yellow Ribbon City." Police Officer Richardson spoke of the program and how residents can volunteer. Approval of Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to approve thea enda. With all members voting in favor motion carried. Consent Agenda Item No. 6.05 was removed from the Consent Agenda and placed under General Business as item No. 8.03. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to adopt the Consent Agenda that included the followingitems: tems: 6.01) Regular and Special Meeting minutes of August 9 and Special Meeting Minutes of August 16. 6.02) Resolution Approving Disbursements ending August 13 (Res2011-265). 6.03) Resolution Approving Variances for Trygve Svard for Property located at 12075 48' Avenue North (2011047 - Res2011-266). 6.04) Resolution Approving a Conditional Use Permit for allow a Trade School Use for Globe Education Network for the Minnesota School of Cosmetology located at 1425 County Road 101 2011050 — Res2011-267). 6.05) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.03). Adopted Minutes 2 of 13 Regular Meeting of August 23, 2011 6.06) Resolution Approving Variances for Kim Foley for Property located at 3380 Sycamore Lane North (2011053 - Res2011-268). 6.07) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Conor Meadows Improvement Project (11019 — Res2011-269). 6.08) Resolution Ordering Preliminary Engineering Report for the Holly Lane Edge Mill and Overlay Project (Re2011-270), Resolution Receiving Preliminary Engineering Report for the Holly Lane Edge Mill and Overlay Project (Res2011-271), Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment for the Holy Lane Edge Mill and Overlay Project (Res2011-272), Resolution Adopting Assessments for the Holly Lane Edge Mill and Overlay Project (Res2011-273), and a Resolution Approving Assessment Agreement for the Holly Lane Edge Mill and Overlay Project (Re2011-274). 6.09) Resolution Approving Encroachment Agreement for a Fountain on City Property in Lot 1, Block 1, Vicksburg Lane Reservoir at 5025 Vicksburg Lane (Res2011-275). 6.10) Resolution Approving Encroachment Agreement for a Retaining Wall within a Drainage and Utility Easement in Lot 4, Block 1, Palmer Creek Estates 4th Addition at 5135 Ives Lane Res2011-276). 1 ( 6.11) Resolution Approving Encroachment Agreement for a Solar Panel System within a Drainage and Utility Easement in Lot 16, Block 2, Schmidt Lake Estates at 12075 481h Avenue Res2011-277). 6.12) Resolution Amending Resolution No. 2011-245 that Approved a Final Plat and Development Contract for "Elm Creek Highlands East" for Property located North of Schmidt Lake Road (2010048-F — Res2011-278) and a Resolution Repealing Resolution No. 2011-246 and Adopting Revised Assessments for Trunk Sanitary Sewer and Water Main for `Elm Creek Highlands East" Addition (2010048-F — Res2011-279). 6.13) Ordinance Amending Section 2005 of the City Code concerning Use of City Identity Ord2011-26). 6.14) Resolution Authorizing the Fire Department Staff to Prepare Specifications and Solicit Bids for the Replacement of Fire Engine 31 (Res2011-280). 6.15) Resolution Approving Winter Activities Permit with Three Rivers Park District for the Use of Regional Trails (Res2011-281). 6.16) Resolution Awarding Bids for the Plymouth Skate Park (Res2011-282). 6.17) Resolution Approving 2011 Trail Improvement Project (Res2011-283). i Adopted Minutes 3 of 13 Regular Meeting of August 23, 2011 6.18) Ordinance Amending Chapter 21 of the City Code to classify Certain Land located at 14920 27th Avenue North (2011056 — Ord2011-27), Resolution Approving Findings of Fact for the Rezoning of Land located at 14920 27t" Avenue North (2011056 — Res2011-284), and a Resolution Approving a PUD General Plan for Rational Energies HC Inc. for an Oil Manufacturing Facility located at 14920 27th Avenue North (2011056 — Res2011-285). Regarding item No. 6.11, Mayor Slavik stated that based upon the agreement, the City won't be liable for any snow removal damage to the panels. The applicant was present, and confirmed that is correct. With all members voting in favor, the motion carried. Public Hearings 7.01) Project and Assessment Hearing and Approval of Change Order No. 1 for 2011 Edge Mill and Overlay Project, Jamestown and Zachary Hills Area (11012) Public Works Director Cote reported on the proposed project. He stated the Council awarded the contract on July 26. Mayor Slavik opened the public hearing. Tom Jes, 5055 Evergreen Lane North, asked the following questions: 1. If the properties in the Forestview Lane and 48th Avenue areas were assessed when those streets were resurfaced a number of years ago. 2. The system is almost 30 years old, so will they be assessed again in the future. 3. Why is the City installing a good surface over a bad surface. 4. Why has it been 10 years since their street was seal coated since the City used to do it every five years. James Krolak, 4922 Arrowood Lane North, asked how the surfaces got so bad. How does the City know that there won't be issues in two to three years after this project is completed? Mr. Jes asked with regard to the payment option, he has 30 days to pay his assessment without interest being charged. He requested the Council to extend the interest free period another 30 days. Rick Friederich, 5082 Arrowood Lane North, stated they were surprised to see that there would be an assessment. Some of the damage has been caused by snowplows, and he can see chunks in the blacktop. He asked how long the assessment procedure has been in place. Mayor Slavik declared the public hearing closed. Adopted Minutes 4 of 13 Regular Meeting of August 23, 2011 Public Works Director Cote and Mayor Slavik addressed the questions raised by residents: 1. This is a new street reconstruction program that began in 2011, and there are residents that have been assessed for this type of project. This type of project avoids a full street reconstruction project where the costs average $8,000 instead of $1,000. All streets in the City were rated, and these streets met the criteria for an overlay versus total street reconstruction. Staff is hopeful that the City can get 7-10 years out of the streets once the improvements are made. 2. The water and sewer system is in decent shape and there isn't a history of watermain breaks. The City hasn't assessed for the replacement of water and sewer. 3. The City currently doesn't have the financial resources to do seal coating, and staff doesn't feel that seal coating is an effective way to maintain streets. 4. Approximately six years ago, the City experimented on a couple of streets (Forestview Lane, 48th Avenue, Balsam Lane) that weren't in the program, so there were no assessments to those residents at that time. Based on those successes, the City began to start using this type of project more commonly. 5. Getting crowns back on the streets will alleviate standing water on the streets. City Attorney Knutson added regarding extending the interest-free payoff period for assessments, under State Law, property owners have 30 days to pay the assessments from the date the assessments are adopted in order to avoid the interest. The Council could dictate that the interest doesn't accrue until a certain date. Councilmember Johnson stated she's hesitant in extending this period as that could set a precedent with other street projects. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Stein, to adopt Resolution Ordering Improvement for the Edge Mill and Overlay Project for Jamestown and Zachary Hills Area (11012 — Res2011-286), Resolution Adopting Assessments for the Edge Mill and Overlay Project, Jamestown and Zachary Hills Area (11012 — Res2011-287), and a Resolution Approving Change Order No. 1 for Edge Mil and Overlay Project (11012 — Res2011- 288). With all members voting in favor, the motion carried. 7.02) Vacation of Drainage, Utility and Street Easements within Section 8-118-22 Public Works Director Cote reported on the proposed vacation request. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to adopt a Resolution Authorizing the Vacation of Certain Storm Drainage, Turn -Around and Roadway Easements within the West Half of the Northwest Quarter of Section 8-118-22 Res2011-289). With all members voting in favor, the motion carried. Adopted Minutes 5 of 13 Regular Meeting of August 23, 2011 7.03) Vacation of a Platted Drainage and Utility Easement within Lot 6, Block 1, Heritage Estates 2nd Addition Public Works Director Cote reported on the proposed vacation. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to adopt a Resolution Authorizing the Vacation of a Portion of a Platted Drainage and Utility Easement within Lot 6, Block 1, Heritage Estates 2nd Addition (Res2011-290). With all members voting in favor, the motion carried. General Business 8.01) Land Use Guide Plan Amendment, Preliminary Plat and PUD General Plan Amendment for Crossroads Commons Property at Highway5 and County Road 73 Oppidan, Inc. 2011014) Senior Planner Drill reported on the proposed requests for this site. He stated the Planning l Commission considered the applications at their July 20 meeting. Following the Planning Commission meeting, the applicant submitted a revised PUD general plan that included the following revisions: 1. Relocating the senior building approximately 40 feet to the north — increasing the setback from the south lot line from 39 feet to 81 feet. 2. Preserving 18 additional significant trees (371 caliper inches) in the area south of the senior building, together with the natural underbrush in that area. The purpose for the revision is to improve the buffer and transition between the senior building and the existing home to the south, by increasing the building setback and preserving additional trees. 3. Increasing parking for the senior building from 65 spaces to 66 spaces. Surface parking spaces on the site would reduce from 39 to 16, underground parking spaces would increase from 26 to 40, and 10 surface parking spaces on Outlot B would be shared through a parking easement. 4. Revising the landscaping plan to add conifers along the northerly segment of Cottonwood Lane, as was requested by a resident in that area. Councilmember Bildsoe received assurance from staff that nothing changed with the plans for the wetland on the site. There is no intent to disturb the wetland in terms of filling it in, and there will be a buffer around it. Adopted Minutes 6 of 13 Regular Meeting of August 23, 2011 Councilmembers Bildsoe, Black, and Willis commented about the fast food restaurant on the site, which is a McDonald's, and the 24-hour drive through service. The Council would have the ability to modify the hours. Councilmember Johnson requested prior to the signing of lease agreements, notification is given to prospective residents of the senior housing development that Outlot B will be developed in the future. Bruce Thompson, 11018 County Road 15, stated his big concern is the McDonald's. The majority of the neighbors don't like the McDonald's and don't consider it an amenity. If this is approved, the City won't have control over what fast food restaurant goes in there. He stated there are supposed to be higher standards in a PUD development. As to the senior housing facility, he supports that development. The senior housing facility will function more towards an institutional use. However, he can't imagine those residents wondering over to the McDonald's on their own. He stated regarding the future development of Outlot B, the soils are extremely bad due to that Outlot serving primarily as a landfill in the 1980s. Therefore, if that Outlot is developed, the City needs to make sure whatever is built there won't pollute the ground water. Lastly, he requested that the Mr. Gas parcel be included in this development. Due to the size of that parcel, a person is limited on what can be put on that property perhaps only a sign. Roy Beacham, 825 Cottonwood Lane, stated he has the following concerns regarding this development: 1 1. Screening of his property with the senior housing development and the McDonald's development. Currently, the floor of his house is level with the roof of the current strip mall. 2. The site, smell, sound, transient clientele, and 24 hour drive through at McDonald's. 3. Locating a McDonald's in front of a senior housing development. They have other locations within three to five minutes of this site. 4. This is prime property on the east side of Plymouth, and the City could be selling itself short with this type of project. This wouldn't be a great gateway to the community. Peter Samargia, 618 Cottonwood Lane North, stated he would be curious to know if there are any other examples in the City where there is a four-story apartment building that close to residential homes. He stated regarding McDonald's, City Center doesn't even have one restaurant with a 24 hour drive through. McDonald's knows how valuable this land is which is why they're interested in this property. He asked why the City is trying mixed use zoning here and the use of tax increment financing. He would also be affected by the height of the buildings in this development. He requested reassurance that if this development is approved, his neighborhood will be preserved. Lastly, he doesn't feel this development adds value to the community. Daniel Lafontaine, 11400 5th Avenue North, stated his primary concern is the wetland. He reminded the Council that on the east side of the property, there is an overflow swale. The compaction of this area is raising the wetland level. The overflow swale will need to be maintained if this development proceeds. He stated he's also not supportive of the McDonald's Adopted Minutes 7 of 13 Regular Meeting of August 23, 2011 24 hour drive through. Regarding the senior housing development, he suggested a three-story versus four-story building. Toni Muckala, 11109 Highway 55, stated a 24 hour McDonald's or pharmacy would be an asset to this area. There are many people who work third shifts that travel at night that could appreciate a 24-hour McDonald's. She can appreciate residents not supporting this use, but it's commercial land, and it was commercial land when they purchased their properties. The entire population isn't being served 24 hours. A developer is giving the community an opportunity to develop this site which was been vacant for the last several years. Regarding the senior housing, this would be an asset as there is such a shortage of facilities for the elderly. She stated she would be the most impacted by this development, but there's a point where the community needs to think progressive and grow and move on. Nawal Pandey, 17400 49" Avenue North, stated the senior housing component and the 24 hour McDonald's aren't a good fit. There would be too much sound and light from the McDonald's. Paul Tucci, Oppidan, applicant, showed pictures of the senior housing development. He stated there is a similar mixed use development on Vicksburg Lane. Regarding the McDonald's, they've spoken with a lot of national and regional restaurants, but this isn't a viable location/market for them as they are in between similar uses. Therefore, it's hard to attract national and regional tenants when the site is caught between two powerful regional markets. McDonald's is a good corporate citizen. They would use the building to screen by putting the drive through on the east side. They are trying to create a barrier from single family to multi family to commercial. He stated he understands the 24 hour drive through issue, and they've discussed this with McDonald's. Forty-seven percent of their stores operate 24 hours a day. It's important for them to get the breakfast traffic so modifying their hours could be a concern. He stated regarding the odors, lights, and sounds from McDonald's, there will be traffic on Highway 55 and other uses. They are trying to create a site where they can buffer the commercial area. They moved the senior building further to the north in order to save more trees, add more screening, and create a buffer. Regarding McDonald's, Councilmember Black asked about headlights from vehicles shining into residential windows from the drive through and noise spilling out from the speakers on the east side of the building. Mr. Tucci replied if there are any headlights shining into windows, it would be from vehicles using the new public right-of-way. As you come through the development, you would see fewer headlights. The building itself and the preservation of existing trees and adding more trees would assist in screening and buffering the lights and sound from the building. Councilmember Black noted with the issue of the senior building being four stories, in her ward there are four-story apartment buildings that are adjacent to residential. Mr. Tucci illustrated the difference in elevation and grade change from the senior building to the adjacent residential properties. Councilmember Stein asked what would happen with the Mr. Gas property. Senior Planner Drill i replied that property isn't part of this development as it's owned by Holiday Companies. Adopted Minutes 8 of 13 Regular Meeting of August 23, 2011 Mr. Tucci discussed the senior housing use versus a commercial use. They've discussed a possible medical facility for Outlot B. They've also spoken with small grocery chains, but they haven't been able to convince any of them to locate in this development. Councilmember Murdock asked if they looked at the feasibility of a three-story senior building versus a four-story. Mr. Tucci replied, yes, but the realities of making this development economically feasible is where they are currently at. He also stated that with senior housing developments, you can't have long corridors for the residents. They would be utilizing tax increment financing for the road infrastructure on the site. Councilmember Murdock stated she prefers to restrict McDonald's hours. Community Development Director Juetten explained the use of tax increment financing on this site. Senior Planner Drill illustrated the buffer for the wetland area, and Public Works Director Cote discussed the overflow swale. Mayor Slavik received conformation that there would be two lanes at the McDonald's drive through. Councilmember Stein stated this site has been looked at several times for redevelopment since 1994. This site is caught in the middle of regional markets so the City hasn't been successful in attracting the uses that it desired. The senior housing development will be an asset and it would screen the residents to the south. He also suggested modifying the McDonald's drive hours. Councilmember Bildsoe agreed with Councilmember Stein's comments. Motion was made by Councilmember Stein and seconded by Councilmember Bildsoe, to adopt a Resolution Approving a Comprehensive Plan Amendment to Reguide Property located South of Hi way 55 between Cottonwood Lane and County Road 73 (2011014 — Res2011-291), Ordinance Amending Chapter 21 of the City Code to Amend the Plymouth Crossroads Station PUD for Property located South of Highway 55 between Cottonwood Lane and County Road 73 2011014 — Ord2011-28) Resolution Approving Findings of Fact for Amending the Zoning Ordinance Text Related to the Crossroads Commons PUD, for Property located South of Highway 55 between Cottonwood Lane and County Road 73 (2011014 — Res2011-292), Resolution Approving a Preliminary Plat for Oppidan, Inc. for "Crossroads Commons" for Property located South of Highway 55 between Cottonwood Lane and County Road 73 2011014 — Res2011-293) and a Resolution Approving an Amended PUD General Plan for Oppidan Inc for "Crossroads Commons PUD" for Property located South of HigJawgy 5555_ between Cottonwood Lane and County Road 73 (2011014 — Res2011-294). Motion was made by Councilmember Bildsoe and seconded by Councilmember Black, to amend condition No. 24 of the Resolution approving the amended PUD, to state that "McDonald's would be men from 6:00 a.m.-1:00 a.m. seven days a week." Adopted Minutes 9 of 13 Regular Meeting of August 23, 2011 Councilmember Johnson asked Mr. Tucci how McDonald's would react if the Council limited their hours as motioned as that could affect the breakfast traffic. Mr. Tucci suggested 5:00 a.m. to either midnight or 1:00 a.m., but he would need to discuss this with McDonald's. A Substitute Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to amend condition No. 24 of the PUD Resolution to state, "The hours of operation for both lobby service and drive-through window service for the fast food restaurant on Lot 1, Block 2 shall not exceed 18 hours per day Sundays through Thursdays, and shall not exceed 19 hours per day Fridays and Saturdaypurposes of this condition, a `day' shall be defined as a 24- hour period from 3:00 a.m. to 3:00 a.m. the following day" With Bildsoe, Johnson, Murdock, and Black voting yes, and Stein, Willis, and Slavik voting no, the motion carried. Councilmember Willis asked if the landscaping on the easterly side of Cottonwood Lane could include coniferous trees. Kathleen Conlin -Joyce, representing the senior housing development, stated they would be happy to discuss with the neighbors the screening and landscaping. The Council voted on the amended main motion and with all members voting in favor, the motion carried. 1 The Council took a five minute break. Without objection, Mayor Slavik reversed the last two items of business. 8.03) Conditional Use Permit for a Religious Institution at the Northwest Islamic Community Center located at 3300 Plymouth Boulevard (DJR Architecture, Inc. - 2011051) Senior Planner Darling provided a brief history of the property. She stated previously the building was exclusively used as a post office. The U.S. Postal Service has made the decision to close a number of locations throughout the country, and this is one of their sites. The City doesn't have jurisdiction over the U.S. Postal Service. She stated the applicant intends to use this property as a religious institution and community center. Religious institutions are an allowable use by a conditional use permit and the community center is a permitted use. City Attorney Knutson added that the City doesn't own this property. The request is a conditional use permit for land use approval. He stated a conditional use permit is a quasi judicial action by the Council. The Council isn't making policy or legislating but applying the Zoning Ordinance to the facts. He stated the discussion this evening should only be directed towards the reasonable land use conditions, such as noise, parking, lighting, and drainage. He stated the Council's discretion is limited by State law and the U.S. Constitution. Adopted Minutes 10 of 13 Regular Meeting of August 23, 2011 John Christiansen, 3240 Niagara Lane North, stated they live close to this property. The only issue that could pose a problem would be the parking, and hopefully that issue can be revisited in the future if necessary. Linda Zink, 14235 44th Place North No. 2, asked if this property will be paying property taxes. Mayor Slavik replied no. Mateen Ali, 15475 58th Place North, stated the building could use a facelift. They will be redoing the side of the building, constructing a new front entrance, installing new windows, and trimming trees and weeds. Al Heitkamp, 2116 Merrimac Lane North, requested the Council to defer action on this for 60 days or further study. There were only six days from when the Planning Commission considered the application until tonight. Community Development Director Juetten stated the Council needs to act on the application by November 5. Joe and Mary Faltesek, 15030 32nd Avenue North, stated they live behind this property. They met with the applicants and had their parking concerns addressed at each level. They support this proj ect. Mohamad Akef, 15735 51St Place North, asked how the building would be shared between the two uses, and what would the operating hours of the post office function be in relation to the community center. Fawaz Mohiuddin, 4125 Shorewood Trail, Minnetonka, urged the Council's support of the application as it fills a desperate use in the area. The project would benefit the post office and the community. Adeel Ahmed, Rogers, who serves on the Islamic Board, stated they wouldn't be paying property taxes, but indirect taxes to people who will remodel the building, the architect, lawyers, and the lease on the post office use. He stated parking concerns have been addressed so there are no issues. There will be a firewall between the post office use and the community center space. He stated they pray five times a day, but there will be no call to prayer. This facility will not be a 24/7 operation, and they will have key cards for some of their members. Maria Ali, 1849163`1 Place North, Maple Grove, stated the parking requirements will be taken into consideration. Najam Qureski, 2050 Black Oaks Lane, reiterated that this wouldn't be a 24/7 facility. The post office will have access to the entire building. He stressed that a limited number of people will have key cards for access to the building. Adopted Minutes 11 of 13 Regular Meeting of August 23, 2011 Councilmember Johnson asked Mr. Qureski if they would accept a condition to the approving resolution that there would be no amplified sound from the site. Mr. Qureski replied yes. Mayor Slavik asked about the parking. Senior Planner Darling replied the requirement is for 84 parking spaces. There would be 80 parking spaces on site and seven parking spaces on 34th Avenue for a total of 87 parking spaces. Mayor Slavik stated she's concerned about parking with the shared use. Senior Planner Darling stated the standards in the Zoning Ordinance are applied, not what the post office feels they would need in the future. The number of parking spaces is based strictly on the amount of space the post office will continue to operate. Staff assumed that they would need at least 16 parking spaces. Councilmember Stein asked if there is a peak time that the community center would be used. Senior Planner Darling replied the post office will have their peak times during the day, and they have two peak seasons during the year. The community center's peak times would be evenings and Friday afternoons. Mayor Slavik stated she's concerned about the parking on Friday afternoons as the post office is busy on Friday afternoons, and that would be a peak time for the community center. Councilmember Bildsoe asked Mr. Qureski how that would affect their use assuming that the 1 parking spaces in front of the building were taken. Mr. Qureski replied on Friday afternoons, they would need approximately 42 parking spaces. Therefore, they aren't worried about the parking. If there are issues, they would work it out with the post office. Councilmember Murdock asked Mr. Qureski if they intend to use the Plymouth Creek Center for overflow parking as that seems problematic due to all the activities at the center. She also asked if they've pursued other areas in close proximity for over flow parking, such as US Bank. Mr. Qureski replied they won't be competing for parking when there are events in the area, such as Plymouth on Parade, Music in Plymouth, etc. as they'll be participating in those events. He stated they have two large events a year where more people come in from outside the community. They would have other options for facilities if they foresee that there would be a problem. He would be happy to talk to US Bank, but he doesn't see a parking overflow issue at this time. The Council briefly discussed Mr. Heitkamp's suggestion to defer action for 60 days, but it was determined that it wouldn't be prudent to delay this item as nothing would probably change between tonight and November 5. Motion was made by Councilmember Willis, and seconded by Councilmember Black, to adopt a Resolution Approving a Conditional Use Permit for DJR Architecture, Inc. for a Religious Institution at the Northwest Islamic Community Center located at 3300 Plymouth Boulevard 2011051 — Res2011-295). Adopted Minutes 12 of 13 Regular Meeting of August 23, 2011 Motion was made by Councilmember Johnson, and seconded by Myor Slavik, to amend the main motion to add a condition to the resolution to state, "no amplified sound shall be permitted outside the building." With all members voting in favor, the motion carried. The Council voted on the amended main motion, and with all members voting in favor, the motion carried. 8.02) Agreement with Allied Waste Services of North America, LLC for Comprehensive Municipal Recycling Services Public Works Director Cote gave an overview of the proposed contract that was negotiated with Allied Waste Systems following the Council's study session that was held on August 16. He noted the correspondence received from Hennepin County where they are migrating towards single sort systems. He referenced proposed amendments that were provided to the Council at their places this evening. Councilmember Black spoke regarding the suggested amendments to the contract language. Motion was made by Councilmember Black, and seconded by Councilmember Willis, to adopt a Resolution Approving a Contract with Allied Waste Services of North America, LLC, for Recycling Services with changes that were handed out this evening (Res2011-296). With all members voting in favor, the motion carried. Reports and Staff Recommendations There were no reports and staff recommendations. Adjournment Mayor Slavik adjourned the meeting at 11:07 p.m. X& andra R. Engdahl, (VY -Clerk Adopted Minutes 13 of 13 Regular Meeting of August 23, 2011