Loading...
HomeMy WebLinkAboutCity Council Minutes 01-22-2002Adopted Minutes Regular Council Meeting January 22, 2002 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on January 22, 2002. COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Black, Harstad, Johnson, Slavik, and Stein. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Police Chief Gerdes, Fire Chief Kline, Finance Director Hahn, Housing Manager Barnes, Acting Transit Administrator Bentley, Community Development Director Hurlburt, Public Works Director Faulkner, City Attorney Poehler, and City Clerk Paulson. Plymouth Forum No one was present to address the Council. Presentations and Public Information Announcements 4.01) Fire and Ice Festival Park and Recreation Director Blank informed the Council that due to the unseasonable weather conditions, the Fire and Ice Festival would be cancelled this year. 4.02) Proclaim "We Care About Kids Month" Mayor Tierney read the Proclamation declaring February 2002 as "We Care About Kids Month." She reported School District 281 is planning a kickoff event on February 2 from 10:00 a.m. to 4:00 p.m. at the YMCA in New Hope. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt the Proclamation. With all members voting in favor, the motion carried. Councilmember Johnson reminded everyone that the deadline for the Youth Service Awards is February 1. Adopted Council Minutes Regular Meeting of January 22, 2002 Page 2 of 14 She also reported that Sam Kellner, who previously served on the first Youth Council, is a sophomore at George Washington University and will be serving as an intern at the White House. She extended congratulations to him and his family. Approval of Agenda Councilmember Harstad requested an update on the Fire Department's December report as item No. 9.2 under Reports and Recommendations. City Manager Johnson requested to remove item No. 6.06 under the Consent Agenda as the applicant desires to modify the lot description. Motion was made by Councilmember Black, and seconded by Councilmember Harstad, to approve the amended a enda. With all members voting in favor, the motion carried. Consent Agenda Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. City Manager Johnson noted two minor corrections requested by Councilmember Slavik to the January 8 and January 15 minutes. Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik, to approve the Consent Agenda which included the following items: 6.01) Regular Council Meeting Minutes of January 8, 2002, Special Council Meeting Minutes of January 10, 2002, and Special Council Meeting Minutes of January 15, 2002 (as amended). 6.02) Resolution Approving Disbursements for Period ending January 11, 2002 (Res2002-029). 6.03) Table action to February 26 on a Resolution Denying Rezoning and Preliminary Plat for SVK Development, Inc. for "Hidden Terrace" Property located roughly 600 feet east of Fembrook Lane on 46th Place North (2001107). 6.04.1) Resolution Approving Lot Consolidation for Lot 11, Block 1 and Lot 12, Block 1, Fembrook Town Office Park (2001151— Res2002-030). Adopted Council Minutes Regular Meeting of January 22, 2002 Page 3 of 14 6.04.2) Resolution Approving Lot Consolidation for Lots 17 and 18, Block 1, Fernbrook Town Office Park (201152 — Res2002-031). 6.05.) Approve staff release of a Request for Qualifications for consultant assistance to completed the detailed study of Study Areas A and B. 6.06) (This item was removed from the agenda). 6.07) Resolution Approving 3.2 Malt On -Sale and Off -Sale Liquor, Off -Sale Intoxicating Liquor, On -Sale and Sunday Intoxicating Liquor, and Wine Licenses (Res2002-032). 6.08.) Resolution Approving Various Park Improvements for 2002 (Res2002-033). 6.09) Resolution Approving the Labor Agreement between the City of Plymouth and Plymouth Sergeants Represented by Law Enforcement Labor Services (LELS) for Calendar Years 2001- 2003 (Res2002-034). 6.10) Resolution Approving the Tobacco License for BFL Three, LLC d/b/a Rick's Market Res2002-035). 6.11) Resolution Appointing Individuals to Building Code Board of Appeals (Res2002-036). 6.12.1) Resolution Receiving Report and Ordering Project for Street Lighting in Wellswood Court Addition (Res2002-037), and a Resolution Declaring Adequacy of Petition and Ordering Preparation of Report for Street Lighting in Wellswood Court Addition (Res2002-038). 6.12.2) Resolution Declaring Adequacy of Petition and Ordering Preparation of Report for Street Lighting in Harvest Hills Addition (Res2002-039) and a Resolution Receiving Report and Ordering Project for Street Lighting in Harvest Hills Addition (Res2002-040). 6.13) Resolution Ordering Public Hearing on the Vacation of the Utility and Drainage Easement for Ponding within Mission View Addition (Res2002-041). 6.14) Set future Study Sessions and Board and Commission Recognition Event. 6.15) Resolution Authorizing Negotiations for the Buy -Out of the Section 5310 Transit Vehicle Plymouth Flyer) from Minnesota Department of Transportation (Res2002-042). 6.16) Resolution Designating KLM Engineering, Inc. as Consultant for Design and Construction Engineering Services and Authorize the Preparation of Plans and Specifications for j Central Plant Water Tower Reconditioning and Painting (Res2002-043). Adopted Council Minutes Regular Meeting of January 22, 2002 Page 4 of 14 6.17) Resolution Approving 2002 Park Rental Fees and Policies (Res2002-044). 6.18) Resolution Approving Request for Payment No. 8 and Final 1999 Street Reconstruction Project (9001 — Res2002-045). Councilmember Black stated item No. 6.07 is the renewal of all types of liquor licenses, and she has previously not supported liquor licenses for gas stations/convenience stores. She continues to object to licensing these types of businesses, but she would be voting in favor of 6.07 since the report contains all liquor licenses. Councilmember Johnson indicated her concern with approving liquor licenses for grocery stores. However, she would also approve item No. 6.07. Councilmember Slavik received assurance from Acting Transit Administrator Bentley that there would be transportation for senior residents when the buyout of the transit vehicle is to occur(item No. 6.15). Motion carried to approve the Consent Agenda. i i Public Hearings 7.1) Application of D & D Minnesota, Inc. for On -Sale 3.2 and Wine Licenses for Famous Dave's, 11308 Highway 55 City Clerk Paulson reported on the application of D & D Minnesota, Inc. for On -Sale 3.2 Malt Liquor and Wine Licenses for Famous Dave's BBQ Shack, 11308 Highway 55. Mayor Tierney opened the public hearing for testimony. Jeff Wood, Manager of Famous Dave's, 702 7t' Avenue South, Hopkins, requested approval of the licenses. He explained they have new management staff, and they are in the process of scheduling a training session with the Police Department for their employees. Councilmember Harstad asked what the minimum age is of their employees who work the front counter. Mr. Wood replied that currently there are two employees who are under the age of 18, but they are aware that they can't sell and serve alcohol. There is always a manager on duty at the restaurant, and they would handle the transaction. He stressed that their policy is "no identification, no liquor." Everyone would need to provide some form of identification in order to purchase alcohol. Adopted Council Minutes Regular Meeting of January 22, 2002 Page 5 of 14 There being no further discussion, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Johnson, and seconded by Councilmember Stein, to adopt a Resolution Approving On -Sale 3.2 Malt Liquor License and Wine Licenses for D & D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack, 11308 Highway 55 (Res2002-046). With all members voting in favor, the motion carried. 7.2) Disposition of Homes on County Road 101 (9005) Public Works Director Faulkner stated this hearing is required by the City's Charter to authorize the disposition of seven properties that the City purchased in conjunction with the County Road 101 improvement. He stated that the Council discussed this item at a Study Session conducted this evening prior to the Regular Meeting. In cooperation with the County, the City agreed to purchase these properties and include it in the City/County Cooperative Construction agreement. He. stated there are four Resolutions contained in the packet of materials. The first Resolution would authorize the sale of the properties. The second Resolution would authorize the services of Tim and Pat Buffham, Edina Realty, as the listing agent for the City to sell 3030 County Road 101 and 17915 County Road 101. The third Resolution would authorize staff to continue negotiations and funding options with Interfaith Outreach and Community Partners (IOCP) pertaining to their requested purchase of 17915 30th Place. The last Resolution would authorize staff to issue a request for proposals (RFP) from housing and rehabilitation and construction companies interested in acquiring one to four of the properties located at 17920 30th Place, 17825 County Road 24,3225 County Road 101, and 4020 County Road 101. Mayor Tierney opened the public hearing for testimony. Andrea Brennan, representing IOCP, 110 Grand Ave., Wayzata, indicated their interest in purchasing 17915 30th Place. She thanked staff and Councilmember Hewitt for their time and efforts. She explained their proposed project would involve volunteers from six area churches. IOCP has seen more than a 10% increase in the number of homeless families this past year. They continue to provide significant financial assistance for those households that don't quality for the normal housing programs. They believe that they have demonstrated ways in partnering with the City for its affordable housing goals. They also understand that the City is facing financial constraints with this component of the project. She stated their offer of $170,000 to purchase this property provides an opportunity for them to provide housing to a family that is 60% or less of the median income. They are willing to absorb the developer fee and the overhead costs to make this a reality. There being no one else wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Adopted Council Minutes Regular Meeting of January 22, 2002 Page 6 of 14 Councilmember Harstad stated that based on the discussion conducted at this evening's Study Session, he supports substituting Bedrock Real Estate in the second Resolution. He noted that Bedrock Real Estate would have a 3.9% commission rate compared to a 5% commission rate from Tim and Pat Buffham of Edina Realty. The Council indicated their desire to act on each Resolution separately. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt a Resolution Authorizing the Sale of City Owned Properties Associated with the County Road 101 Improvement Project ,9005 — Res2002-047). With all members voting in favor, the motion carried. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt a Resolution Authorizing the Mayor and CitesManager gn a Realtor's Listing Agreement for Properties Associated with the County Road 101 Improvement Project (9005 — Res2002-048). Motion was made by Councilmember Harstad, and seconded by Councilmember Johnson, to amend the main motion to substitute Bedrock Real Estate for the designated real estate agent. Councilmember Hewitt stated she supports staff's original recommendation for Edina Realty as the designated real estate agent. She explained that Edina Realty has greater knowledge of the Plymouth market, and they have sold more homes in the area. Therefore, she wouldn't support the proposed amendment. There being no further discussion and with all members voting in favor of the amendment but Hewitt, the motion carried. Motion was made by Councilmember Harstad, and seconded by Councilmember Johnson, to amend the main motion to add a condition to the Resolution that there be a listing period of 90 days with a renewable option of 90 days. In addition, staff is to provide the list prices and market analysis to the Council for approval. With all members voting in favor of the amendment but Hewitt, the motion carried. Councilmember Black asked if staff has a complete list of all the names of individuals who have contacted Councilmembers and staff on the purchase of the properties. Public Works Director Faulkner replied there is a list contained in the packet materials, and he requested that Councilmembers contact him if there are additional names. The Council voted on the amended main motion. With all members voting in favor but Hewitt, the motion carried. Adopted Council Minutes Regular Meeting of January 22, 2002 Page 7of 14 Motion was made by Councilmember Harstad, and seconded by Councilmember Slavik, to adopt a Resolution Authorizing One of the City Owned Properties purchased as part of the County Road 101 Improvement Project, to be held in reserve for Interfaith Outreach Community Partners (9005 — Res2002-049), with the condition that the purchase agreement would need to be executed within 120 days. With all members voting in favor, the motion carried. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a Resolution Authorizing the Issuance of a Request for Proposal Seeking Builders and Contractors interested in Acquiring and Rehabilitating Four City Owned Properties (9005 — Res2002-050). Councilmember Harstad requested that staff include in the bid specifications. the reconfiguration of the house at 3225 County Road 101 so the access to that property would be Queensland rather than County Road 101. Community Development Director Hurlburt stated that is included in the bid specifications. Councilmember Johnson asked if anyone could qualify to bid on these homes or is staff specifically seeking licensed contractors. Community Development Director Hurlburt replied the specific qualifications are contained in the RFP as well as the bidders' financial capabilities, to perform the work. She stated staff would be reviewing other projects that the bidders have completed in order to demonstrate their qualifications. Bidders would have the option of bidding on any or all of the properties. There being no further discussion and with all members voting in favor, the motion carried. General Business 8.1) Annual Update to the Zoning Ordinance, Comprehensive Plan Amendment to change the Land Uses Allowed in the CO Designation (2001131 & 2001145) Community Development Director Hurlburt explained the proposed changes to the Zoning Ordinance, Comprehensive Plan, and to the Land Use Plan. Some of the substantive text amendments include: 1. Transportation Demand Management (TDM) for office/industrial developments. 2. "Air Dispersion Modeling" for above -ground tanks containing extremely hazardous materials. 3. Yard regulations for egress window wells. 4. Fence/wall regulations (allow six foot fences at or behind the minimum front setback line, instead of at or behind the front building line. Adopted Council Minutes Regular Meeting of January 22, 2002 Page 8 of 14 5. Tree planting and tree preservation (planning method specified by City Forester including soil amendments). 6. Remove the keeping of horses, stables, and riding academies from the RSF-1 zoning district. 7. Changes to home occupation regulations. 8. Amendments for accessory dwelling units in order to allow opportunities for affordable and life cycle housing (one accessory unit per single-family lot that could be above attached or detached garage). The maximum square footage would be 1,000 square feet, and the owner must reside in one of the units. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt an Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, entitled the Plymouth Zoning Ordinance (2001131— Ord2002-02). Bill Pritchard, representing Orrin Thompson Homes, stated they have presented an application to staff for a pending development. If the Council were to change the side yard setback regulations from 20 feet to 25 feet, they would like to request that their application be exempt. The additional five feet on the side yard would add significant costs as well as reduce the number of l units in their development. Community Development Director Hurlburt stated depending on the actual layout of a development, there could be a Variance for the side yard setback. She stated the 25 feet is measured from the outside walls of the structures and is very workable in the majority of the situations. She stated some of the developments could have the appearance of a very close setback and a lack of privacy with the structures too close to each other. Councilmember Stein asked if there could be a provision in the Zoning Ordinance that could address the heights of buildings, as he would like to avoid Variances if at all possible: Community Development Director Hurlburt replied that would be difficult to determine, as one really needs to analyze the developments on a case-by-case basis for architectural design, appearance, and topography of the land. Mr. Pritchard stated they understood that the current requirement was 16 feet between structures, and with their new application, there would be 20 feet. He requested that they be grandfathered" in if the new provision is adopted. Community Development Director Hurlburt stated that this is the only project in process that could have difficulty with the new requirement. Councilmember Johnson wondered what the impacts to this development could be if the developer was working with the previous setback requirement. She doesn't support changing the J,' requirements when an applicant is in the middle of the process. Therefore, she would support Adopted Council Minutes Regular Meeting of January 22, 2002 Page 9 of 14 Councilmember Stein's suggestion regarding a height requirement of the building that would be associated with the setback requirement. Councilmember Slavik stated she doesn't support the proposed provision that would allow a property owner to construct an addition above their garage for the purpose of using it as a rental unit. She explained when a resident moves into a neighborhood, there are expectations on the appearance of the neighborhood. This would be a separate living unit with a separate entrance that would be approved administratively with no input from the neighbors. She doesn't feel this would be a big problem, but she is not comfortable in the City giving "blanket authorization." Therefore, she doesn't support the motion. Councilmember Harstad stated he agrees with Councilmember Slavik, and he stated he would be willing to remove this portion from the proposed amendments and discuss it a Study Session. Motion was made by Councilmember Harstad, and seconded by Councilmember Slavik, to remove this amendment regarding accessory units from the proposed Ordinance and discuss it at a future Study Session. Councilmember Johnson asked if these types of accessory units could be incorporated in new developments rather than existing developments where there could be concerns about changing the nature of the neighborhood. Community Development Director Hurlburt replied this provision could be used when the property is platted. Justification could be made for a different process or different standards. Councilmember Johnson stated she agrees with Councilmember Slavik that the expectations are different for an existing neighborhood. Councilmember Black indicated her support of the motion. She would like to review how this would affect existing neighborhoods versus new developments. Councilmember Slavik stressed the need for a public process for neighbors to comment if an accessory unit is proposed for an existing home. However, she stated it might not be necessary for the Council to discuss this at a Study Session. Community Development Director Hurlburt suggested this section go back through the planning process. There being no further discussion, the Council voted on the amendment. With all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of January 22, 2002 Page 10 of 14 Councilmember Johnson led the Council on a discussion of the proposed amendments to the home occupations. She stated under the proposed amendments, Section 21145.04, Subd. 4, Items d -f, Prohibited Home Occupation Activities, would include music instruction, unless conducted within a single-family detached dwelling (d), pet grooming or pet care facilities (e), and tattoo businesses (f). She stated she would have a difficult time in exempting pet grooming. She asked how tattoo businesses would infringe upon a neighborhood. Community Development Director Hurlburt replied there could be a type of image as well as the kind of area that they are normally associated with that wouldn't be consistent with a residential area. Councilmember Johnson asked about the concerns relating to a pet grooming business. Community Development Director Hurlburt stated there are sanitation concerns, barking, and overall noise generated from that type of business that could be intrusive to a neighborhood. Councilmember Johnson stated prohibiting these types of businesses is placing an undue burden on those residents who adhere to the rules. Community Development Director Hurlburt stated Items d -f could be eliminated from the prohibited home occupation list if the Council desires, and these types of businesses could be reviewed on a case-by-case basis. Councilmember Johnson stated she also doesn't agree that music instruction (Item d) should be prohibited. Councilmember Slavik stated she supports the proposed amendments as written by staff. Motion was made by Councilmember Johnson, and seconded by Councilmember Harstad, to amend the main motion to remove items Section 21145.04, Subd. 4, Items d -f from the prohibited list of home occupations contained in the zoning ordinance text amendments. Councilmember Johnson stated tattoo businesses are very similar to beauty salons that are currently allowed home occupations. Councilmember Black stated she couldn't support the amendment as it includes Item "d." She noted the issues and concerns that have previously been expressed to the Council on music instruction. Councilmember Johnson requested there be a division of the vote so the Council could vote on Items d -f separately. Councilmember Harstad stated he would like these types home occupations to be handled on a case-by-case basis. Adopted Council Minutes Regular Meeting of January 22, 2002 Page 11 of 14 Mayor Tierney asked if there have been concerns with music instructions in duplexes or multi- family homes. Community Development Director Hurlburt replied no. Councilmember Stein stated he supports leaving music instruction (Item d) and pet grooming and pet care facilities (Item e) in the ordinance as prohibited home occupations, but removing tattoo businesses (Item f). Councilmember Johnson stated by prohibiting Items d -f, the Council is being too restrictive. She prefers these businesses be addressed on a case-by-case basis through the licensing process. Councilmember Slavik stated that she wouldn't support the proposed amendment. She reiterated the expectations in a residential neighborhood and stated that there are other options for locating these types of businesses. She noted that single-family homes with common walls are a concern with the music instruction. She also stated that she is concerned about tattoo businesses in the residential neighborhood, and how neighbors can find it difficult to register a complaint against their neighbor. Councilmember Hewitt stated she wouldn't support the motion. . Motion was made by Councilmember Hewitt, and seconded by Councilmember Stein, to call the ue stion. With all members voting in favor, the motion carried. The Council voted on removing Item (d) from the prohibited list of home occupations (music instruction). With all members voting against the motion but Johnson, the motion failed. Councilmember Stein requested to divide Item (e) in order that the Council could vote separately on pet grooming and pet care facilities. The Council voted on removing pet grooming from Item (e) from the prohibited list of home occupations. With Harstad, Johnson, Stein, and Tierney voting yes, and Black, Hewitt, and Slavik voting no, the motion carried. The Council voted on removing pet care facilities from Item (e) from the prohibited list of home occupations. With Black, Hewitt, Slavik, and Stein voting no, and Harstad, Johnson, and Tierney voting yes, the motion failed. The Council voted on removing Item (f) from the prohibited list of home occupations (tattoo businesses). With Black, Harstad, Johnson, and Stein voting yes, and Hewitt, Slavik, and Tierney voting no, the motion carried. Adopted Council Minutes Regular Meeting of January 22, 2002 Page 12 of 14 Councilmember Johnson asked why there is a proposed TDM requirement for office/industrial developments. Community Development Director Hurlburt replied this would be part of the site plan process. The City wouldn't place any conditions on the approval process, but it would allow the opportunity to review a TDM plan that would assist in the reduction of traffic congestion during peak travel hours, the strategies for flexible working hours, telecommuting, carpooling, preferential parking, mass transit, biking, and walking. Councilmember Stein asked how a developer would create a TDM plan for an office complex where there would be more than one employer and more than 100 employees at the site. Community Development Director Hurlburt replied the developer could incorporate features to make it easier for employees to use the transit system, adjust their tenant mix, and incorporate incentives into the lease agreements. Councilmember Stein stated he supports the proposed TDM requirement.for office and industrial developments. There being no further discussion, the Council voted on the amended main motion. With all members voting in favor, the motion carried. Motion was made by Councilmember Slavik, and seconded by Councilmember Harstad, to adopt a Summary Ordinance Amending Chapter 21 of the Plymouth City Code Entitled the Plymouth Zoning Ordinance (Ord2002-03). With all members voting in favor, the motion carried. Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to adopt a Resolution Approving an Amendment to the Land Use plan of the Plymouth Comprehensive Plan (2001145 — Res2002-052). With all members voting in favor, the motion carried. The Council took a break from 9:30 p.m. to 9:40 p.m. 8.2) Rezoning of the Elmhurst and Elmhurst Gateway Neighborhoods from RSF-2 to RSF-3 (2001146) Community Development Director Hurlburt stated in October 2000, staff conducted a study of the Elmhurst and Elmhurst Gateway neighborhoods due to a request by a resident of the Elmhurst neighborhood, who asked the Council to consider redeveloping the area. The study concluded that although many of the homes in these neighborhoods are old, the neighborhoods are not blighted and property owners are continuing to make significant investments in their homes. In addition, the homes in these neighborhoods represent a substantial supply of affordable housing, and that the cost of redevelopment would exceed the benefits. Adopted Council Minutes Regular Meeting of January 22, 2002 Page 13 of 14 In December 2000, the Council accepted the neighborhood study and subsequently directed staff to initiate a reguiding of 10 single-family lots in the Elmhurst neighborhood from P -I to LA -1 and rezoning of both the Elmhurst and Elmhurst Gateway neighborhoods from RSF-2 to RSF-3. The Council approved the reguiding of those 10 single-family lots from P -I to LA -1 in July 2001. Staff requests that the Council approve the rezoning this evening. She spoke of the differences between the RSF-2 and RSF-3 Zoning districts and stated that the Council would be matching the zoning to what the current properties are if the rezoning is approved. She noted that property owners might still need Variances to expand the impervious surface areas due to the shoreland regulations. She stated one concern mentioned at the Planning Commission hearing was that with a change in zoning, it would increase the density in the neighborhood. She indicated that there would be very few opportunities to subdivide the lots and increase the density. Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik; to adopt an Ordinance Amending Chapter 21 of the City Code to classify Certain Land in the Elmhurst and Elmhurst Gateway neighborhoods, located on the West Side of Medicine Lake 2001146 — Ord2002-03) and a Resolution Approving Findings of Fact for Rezoningoff the Elmhurst and Elmhurst Gateway Neighborhoods, located on the West Side of Medicine Lake 2001146 — Res2002-053). Councilmember Slavik asked if there were any expectations from residents on how this rezoning would affect the water quality in the area. Community Development Director Hurlburt replied no. However, staff needs to.review more regional water quality improvements in the area, i.e. ponding, when there would be street projects in the area. Councilmember Slavik asked what is staff's position on increasing code enforcement and access to individual lots. Community Development Director Hurlburt replied code enforcement can be challenging at times; however, staff continues to address that area. Regarding the access issues, staff would need to review access issues to specific lots during future road construction projects. Councilmember Stein voiced his support of the rezoning. He stated this type of action would assist in preserving the neighborhoods and providing affordable housing for the City. There being no further discussion and with all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of January 22, 2002 Page 14 of 14 Reports and Recommendations 9.1) Accept Alcohol and Tobacco Compliance Check Report Police Chief Gerdes stated prior to the Council adopting the Best Practices. Program in 1999, there was a 38% failure rate on the alcohol and tobacco compliance checks. Currently, the failure rate has decreased to approximately 6.7%. He stated 18 businesses have qualified for a 5% discount on their liquor license renewal fees for 2002, and seven businesses have qualified for the "Gold Star Best Practices Member" which entitles them to a 10% discount on their liquor license renewal fees for 2002. Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to accept the report. With all members voting in favor, the motion carried. 9.2) Fire Department's Year End Report Fire Chief Kline was requested by Councilmember Harstad to illustrate portions of his December 2002 Fire report, which included the fire loss summary report from 2000 to 2001, and the total calls year to date. He requested that Fire Chief Kline provide an annual report to the Council at a future meeting. City Manager Johnson added that staff continues to review housing issues, staffing issues, and a fourth fire station. Fire Chief Kline informed the Council to call him if they have questions regarding a significant fire call. Adiournment Motion was made by Councilmember Hewitt. and seconded by Councilmember Stein. adiourn the meeting at 10:02 p.m. With all members voting in favor, the motion carried. Sandra R. Paulson, City Clerk