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HomeMy WebLinkAboutCity Council Minutes 09-25-2001Adopted Minutes Regular Council Meeting September 25, 2001 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:10 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on September 25, 2001. 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, Community Development Director Hurlburt, Park and Recreation Director Blank, Public Works Director Faulkner, Recreation Supervisor Greupner, City Attorney Knutson, Lieutenant Franz, and City Clerk Paulson. Plymouth Forum Mike and Willie Abbott, 1282 Medina Road, Medina, representing Parkers Lake Shores Limited Partnership, requested clarification regarding their development contract No. 20078 with the City dated December 14, 2000. They stated their first concern is on page four of the agreement regarding the street reconstruction. They understood that the City would allow the posting of an irrevocable letter of credit covering the principal and interest payments for two years on the five year assessment for the street reconstruction, valued at $20,000 per the special conditions in paragraph eight. He asked if that is correct. They stated their second concern is regarding paragraph 6.1 in the special condition attachment to the contract. This allows the developer to obtain building permits prior to the completion of all improvements as listed in paragraph 8, if an irrevocable letter of credit in the amount of 177,438 is provided to the Council. He asked if this is correct. He noted that this street reconstruction is not included in the City's Capital Improvement Program; therefore, why would they be assessed? The contract states that they could pay 25% of the pending assessment cost which would be allocated to installation. However, how could this be a requirement if the street reconstruction isn't completed? Mayor Tierney stated their concerns would be referred to staff for their review, and they would provide a response. Adopted City Council Minutes Regular Meeting of September 25, 2001 Page 2 of 18 Presentations and Public Information Announcements 4.1) Oath of Office to Police Officers Police Chief Gerdes introduced Police Officers Dave Anderson, Kelli Crandall, and Mike Reed. City Clerk Paulson administered the oath of office to the police officers. Police Chief Gerdes provided a brief report to the Council on the FBI Academy, that he recently attended. 4.2) Announcement of Plymouth on Parade Recreation Supervisor Greupner reported on the fourth annual Plymouth on Parade on October 6. She highlighted the events which included a senior pancake breakfast, parade, duck derby, horse rides, hay rides, and activities at LifeTime Fitness and the Ice Center. 4.3) Northwest Hennepin Human Services Council Kathleen Roach, Executive Director of the Northwest Hennepin Human Services Council, discussed their 2000 annual report which included all their services and initiatives for the 15 communities in the northwest part of Hennepin County. She stated the agency serves as a liaison to the communities. The cities' contributions amount to 13% of their budget, and they also secure funding from other agencies such as the State of Minnesota, United Way, McKnight Foundation, and Hennepin County. Bruce Hoheisel, a Planner with Northwest Hennepin Human Services Council, reported on the area wide assessment that was started in the summer of 2000. The first phase was a need assessment that was completed in the fall of 2000. The second and third phases are to compile information from community leaders and residents. The fourth phase is to assemble information from agency partners. He stated their annual report summarizes the City's community leaders and residents' dialogues which occurred in December 2000 and April 2001 respectively. This information would be utilized to formulate strategies to address the needs. He stated some of the issues identified in the community dialogue included affordable housing, expanding transit services, making human services user friendly, increasing the collaboration with schools and families, and valuing ethnic minorities of the community. Dana Cruzen, the City's citizen representative on the Northwest Hennepin Human Services Council, mentioned the service agencies in the community that participated in the community leader dialogue. She urged the Council to utilize the services of the Northwest Hennepin Human Services Council as a "springboard" for services in the community. Adopted City Council Minutes Regular Meeting of September 25, 2001 Page 3 of 18 Ms. Roach concluded the presentation by stating that they would be hosting a forum later this year for further dialogue on their initiatives. Approval of Agenda Councilmember Black requested to add a report on the Hennepin Conservation District as item No. 9.3 under Reports and Recommendations. Councilmember Stein requested to add the notice of opening on the Planning Commission as item No. 9.4 under Reports and Recommendations. Councilmember Johnson requested to remove item No. 6.09 under the Consent Agenda. He explained there has been a modification in the plan, and staff is hopeful that it would be on the October 9 agenda. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to approve the amended a egnda. 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. Councilmember Johnson requested to remove item No. 6.03 and place it under General Business as item No. 8.5. Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to approve the amended Consent Agenda which included the followingitems: ems: 6.01) Special Council Meeting minutes of September 10, and Regular Council Meeting minutes of September 11. 6.02) Resolution Approving Disbursements for the Period ending September 14, 2001 Res2001-382). 6.03) (This item was moved to General Business as item No. 8.5). 6.04) Resolution Approving a Comprehensive Plan Amendment for the Hydrologic and Hydraulic Study of the 2020 Urban Expansion Area (20010969 — Res2001-383). Adopted City Council Minutes Regular Meeting of September 25, 2001 Page 4 of 18 6.05) Planned Unit Development, Conditional Use Permit, Interim Use Permit, Fire Lane Variance, Ordinance, and Findings of Fact for the Reserve Apartments (2001070). 6.06) Resolution Approving Final Plat and Development Contract for Swan Development, LLC for "Seven Greens" for Property located in the Northeast Quadrant of Schmidt Lake Road and Vicksburg Lane (2001031-F — Res2001-384), and a Resolution Adopting Assessments for City Project No. 1037, Sanitary Sewer and Watermain Area for Seven Greens (Res2001-385). 6.07) Resolution Approving a Final Plat for Town and Country Homes, Inc. for Harvest Hills located east of Peony Lane and north of the Canadian Pacific Railroad (2001023 — Res2001- 386), and a Resolution Adopting Assessments for City Project No 1036, Sanitary Sewer and Watermain Area for Harvest Hills (Res2001-387). 6.08) Resolution Accepting Donation of a Thermal Imaging Camera from the Plymouth Crime and Fire Prevention Fund (Res2001-388). 6.09) (This item was removed from the Consent Agenda). 6.10) Resolution Authorizing Execution of Agreement with the Minnesota Department of Public Safety for Safe and Sober Communities (Res2001-389). 6.11) Resolution Authorizing the Mayor and City Manager to enter into a Service Agreement with YMCA Detached Work Program for 2001 (Res2001-390). Councilmember Black informed the Council that she has provided a report to the City Engineer on soils that assist in reducing the amount of runoff from properties. Councilmember Johnson requested that item No. 6.05 be moved to General Business as item No. 8.25. Councilmembers Hewitt and Johnson thanked David and Jackie Hogshire family as well as the Plymouth Crime and Fire Prevention Fund for donation of the thermal imager. Motion carried to approve the Consent Agenda Public Hearings 7.1.1) Hearing on Alcohol Compliance Check Violation for Rainbow Foods, 16705 County Road 24 (third violation) Adopted City Council Minutes Regular Meeting of September 25, 2001 Page 5 of 18 Lieutenant Franz reported this is the third violation for Rainbow Foods. He stated this establishment registered to participate in the Best Practices program; however, under the ordinance, establishments having a third violation within the three-year time period automatically are removed from Best Practices for a period of one year. He stated the ordinance outlines a presumptive penalty of $2,000 and a 40 -day license suspension for a third violation. In this case, the establishment also has an additional violation of a sale by a person under the age of 18. Under the Ordinance, nothing would restrict or limit the authority of the Council to suspend up to 60 days, revoke the license, and impose a civil fine not to exceed $2,000. He stated the first violation occurred on July 16, 1999, and a presumptive penalty of $1,000 fine and a 10 -day license suspension was served. The second violation occurred on December 27, 2000, and a presumptive penalty of $1,500 fine was paid with 10 -day stayed suspension. He stated the third violation occurred when the Police Department was conducting their annual compliance checks. The cashier, who was under the age of 18 and not allowed to sell liquor by State law, requested identification from the checker. An unaltered driver's license was presented, and the employee intentionally entered a false date of birth in the cash register to complete the sale. Staff is recommending the Council adopt a Resolution imposing the 10 -day license suspension that was stayed after the second violation and a $2,000 fine and a 40 -day license suspension for a third violation. Councilmember Slavik asked if it is correct that the County Attorney will not be prosecuting the juvenile. Lieutenant Franz stated that is correct. An administrative penalty could be imposed; however, sometimes the collection is difficult. Mayor Tierney stated this is a very difficult situation when this act was completed intentionally by the employee. The employee completed the sale even though he knew this could threaten the license of the establishment. Mayor Tierney opened the public hearing for testimony. David Vevea, Manager of the Rainbow Foods location, stated they are committed to properly training all their employees. Employees are also required to sign the company policy. He questioned the employee as to why he completed the sale when it was against company policy. The employee responded that he didn't want to wait or call for a customer service manager. This employee was terminated immediately. He stated since the last violation, only the customer service managers can complete the sale of alcohol. All employees are aware that they would be terminated if they fail to follow company policy. He noted that 75% of their employees attended the U21 training session conducted by the Police Department, and they continue to work very closely with the Police Department for any new Adopted City Council Minutes Regular Meeting of September 25, 2001 Page 6 of 18 training programs that are available. He stated he meets daily with his service managers and cashiers to discuss their company policies. Mayor Tierney asked if he was aware that the employee had any previous alcohol problems. Mr Vevea replied that he was aware that the employee had completed drug and alcohol treatment. Councilmember Johnson asked if the store has any internal checking policy. Mr. Vevea replied their corporate office has recently established an internal audit team; however, an internal check has not been completed at this location. Councilmember Johnson asked how transactions can be reviewed if the scanner isn't used to complete the sale. Mr. Vevea replied there is a camera system along each of the registers as well as two customer service managers to constantly patrol and observe the cashiers. Councilmember Johnson asked if they have considered placing their alcoholic beverages behind a locked area similar to tobacco products. Mr. Vevea replied no, as the isle that contains the alcoholic beverages is near the service counter. Councilmember Johnson asked what measures the store is taking to ensure that youth have no access to alcohol. Mr. Vevea replied they participate in company and City training programs, utilize a camera system, and have two customer service managers on duty at all times. Councilmember Stein stated that is a privilege to sell alcohol. It is irrelevant if the employee fails to follow the rules. Mayor Tierney stated that a licensee could only be responsible to a certain extent. She stated the Council needs to be careful with the penalties as an employee, such as in this case, can blatantly sell the alcohol and place the company's liquor license at risk. She has doubts about penalizing a company that was treated in a manner far beyond a gross misdemeanor penalty. Councilmember Harstad noted that a cashier position is a position of trust, and it wasn't in the best interest of the company to place that employee in this position. He noted that the company has taken measures since the third violation to make sure alcohol isn't sold to youth. However, the company is ultimately responsible for their employees. There being no one else wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Harstad, and seconded by Councilmember Johnson to adopt a Resolution Imposing a Civil Penalt gainst Rainbow Food Group Inc d/b/a Rainbow Foods No. 73, for Liquor Compliance Check Violation (Res2001-391). Adopted City Council Minutes Regular Meeting of September 25, 2001 Page 7 of 18 Mayor Tierney stated that she wouldn't support the motion, as the illegal sale was intentional on the part of the employee. Councilmember Johnson stated every store clerk and liquor server is responsible for the sale of alcohol to minors. She indicated that the style and color of licenses differ between those that are 21 and those that are underage. She believes that the corporate office needs to be more involved with this store. Councilmember Black agreed that this third violation was deliberate by the employee. She is inclined to support the motion, as it would be difficult to approve an exception when all the liquor license holders have been treated the same. Councilmember Hewitt echoed that the employee was at fault. She stated the store has measures in place to prevent the sale of alcohol to minors. Therefore, she doesn't support the amount of the fine and the full presumptive penalty. Councilmember Johnson disagreed and stated that the store wasn't doing everything they could when the violation occurred. She acknowledged that changes were made after the third violation. She stated the goal is to prevent youth access to alcohol. Councilmember Stein noted there could be revocation of the liquor license if there is another violation. Councilmember Harstad stated the company is really at risk until July 2002 when the first violation is removed from the record. He also stated that there would be two compliance checks during this time. Councilmember Slavi k stated she supports the motion. She stated the employee had an extensive criminal background and participated in a treatment program, but was placed in a position to sell alcohol to youth. She believes the store could've prevented this situation. Also, she is concerned that the County Attorney isn't prosecuting the juvenile. Councilmember Black asked if juvenile records are made available to employers. Lieutenant Franz replied no. Councilmember Johnson asked Mayor Tierney if she would be willing to send a letter to the County Attorney who refused to prosecute this juvenile. Mayor Tierney replied yes. Motion was made by Councilmember Black, and seconded by Councilmember Johnson to call the question. With all members voting in favor, the motion carried. Adopted City Council Minutes Regular Meeting of September 25, 2001 Page 8 of 18 The Council voted on the main motion. With all members voting in favor but Hewitt and Tierney, the motion carried. Councilmember Harstad requested that in the future, any stayed suspension be served by the licensee before a hearing is conducted on another violation. 7.1.2) Hearing on Alcohol Compliance Check Violation for Davanni's, 3015 Harbor Lane third violation) Lieutenant Franz reported this is the third violation for this establishment. The licensee did register to participate in the Best Practices program; however, establishments having a third violation within the three-year time period automatically are removed off the Best Practices grid for a period of one year. He stated the ordinance outlines a presumptive penalty of $2,000 and a 15 -day license suspension for a third violation. Under the ordinance, nothing would restrict or limit the authority of the Council to suspend up to 60 days, revoke the license, and impose a civil fine not to exceed $2,000. He stated the first offense occurred on December 29, 1999, and the licensee paid a presumptive penalty of a $500 fine. The second offense occurred on December 27, 2000, and the licensee agreed to the presumptive penalty of a $1,000 fine and a five-day stayed suspension. The third violation occurred on May 28, 2001 in which an employee who was over 18 sold alcohol to the checker who had presented an unaltered driver's license. The employee appeared in court, pled guilty, and a paid a fine of $50. Staff is recommending the Council adopt a Resolution imposing the 5 -day license suspension that was stayed after the second violation and a $2,000 fine and a 15 -day license suspension for a third violation Mayor Tierney opened the public hearing for testimony. Jennifer Sullivan, the area supervisor for Davanni's, stated their business had participated in the Best Practices training for their employees. Employees are instructed to card everyone under the age of 40. She explained the employee who sold the alcohol was not an employee from the Plymouth location, but rather from the Brooklyn Center location who was in training for the Golden Valley location. The City of Brooklyn Center's Police Department doesn't provide training for liquor establishment employees. She noted that the first employee, who was from the Plymouth location and who was under the age of 18, didn't sell the alcohol, but requested the other employee to check the identification. She is confident that if only the Plymouth employees were working, their establishment wouldn't have failed this compliance check. Since the third violation, they have added new machines, and only employees who are 18 and older can work the front counter. Adopted City Council Minutes Regular Meeting of September 25, 2001 Page 9 of 18 There being no one else wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson to adopt a Resolution Imposing a Civil Penalty against Davanni's, Inc., d/b/a Davanni's Pizza and Hoagies for Liquor Compliance Check Violation (Res2001-392). With all members voting in favor, the motion carried. 7.1.3) Hearing on Alcohol Compliance Check Violation for Elm Creek Golf Course, 18940 Highway 55 (second violation) Lieutenant Franz reported this is the second violation for this establishment. He stated that the licensee did not register to participate in the Best Practices program. According to the City's ordinance, there would be a presumptive penalty of $1,000 and a 10 -day license suspension for a second violation. The Council could suspend up to 60 days, revoke the license, and impose a civil fine not to exceed $2,000. He stated the first incident occurred on July 29, 1999. The licensee agreed to a presumptive penalty of a $500 fine and a five-day suspension, which was served. The second violation occurred on June 6, 2001 in which an employee over the age of 18 served alcohol to a minor who presented an unaltered driver's license. The employee appeared in court, pled guilty, and paid a fine of $300. Staff is recommending the Council adopt a Resolution imposing a civil penalty of a 10 -day suspension to be served at the discretion of the City and an administrative fine of 1,000. Mayor Tierney opened the public hearing for testimony Martin Matte, general manager of Elm Creek Golf Course, stated he wasn't on the premises when this violation occurred. They have trained their employees and displayed signs informing the customers that they would be checking identifications. He stated he was surprised that this violation occurred, and he believes that the employee didn't correctly read the license. Councilmember Johnson asked if he has chosen to not participate in the Best Practices program. Mr. Klatte replied he intends to enroll in the program. There being no one else wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Slavik, and seconded by Councilmember Black to ado tea Resolution Imposing a Civil Penalty against Elm Creek Golf Links of Plymouth for Liquor Compliance Check Violation (Res2001-393). Adopted City Council Minutes Regular Meeting of September 25, 2001 Page 10 of 18 Councilmember Harstad spoke of his previous position relating to golf courses that have liquor licenses. He stated that liquor sales aren't an integral part of their business, and it provides too easy of an access for youth that are employed by the establishment as well as youth golfers. Motion was made by Mayor Tierney, and seconded by Councilmember Johnson to call the uestion. With all members voting in favor, the motion carried. The Council voted on the main motion and with all members voting in favor, the motion carried. 7.2) Approval of On -Sale Intoxicating Liquor and Sunday Liquor Licenses for Rudolph's Bar-B-Que West LLC, d/b/a Rudolph's Bar-B-Que, 3500 Vicksburg Lane, Suite 500 City Clerk Paulson reported on the application of Rudolph's Bar-B-Que West LLC, d/b/a Rudolph's Bar-B-Que, for an On -Sale Intoxicating and Sunday Liquor Licenses. Councilmember Johnson asked if applicants are informed of the City's Best Practices program when application is made for a liquor license. City Clerk Paulson replied yes. Councilmember Johnson requested that future staff reports indicate whether the licensee would be participating in the City's Best Practices program. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt to adopt a Resolution Approving On -Sale Intoxicating_ and Sunday Liquor Licenses for Rudolph's Bar-B- Que West LLC, d/b/a Rudolph's Bar-B-Que, 3500 Vicksburg Lane Suite 500 (Res2001-394). With all members voting in favor, the motion carried. The Council took a 10 -minute break. General Business 8.1) Approval of Rezoning, Preliminary Plat, and Planned Unit Development General Plan for Glacier Vista (Nedegaard Construction — 2001026) Community Development Director Hurlburt reported on the request of Nedegaard Construction for rezoning from FRD Zoning District to PUD, preliminary plat approval, and PUD general plan for the Glacier Vista Development. She explained this 26.8 -acre development would be located Adopted City Council Minutes Regular Meeting of September 25, 2001 Page 11 of 18 east of Pomerleau Lake, on property currently addressed as 5684-5450 Juneau Lane North. The proposal includes 47 housing units with 15 detached single family homes (four of which are existing homes that would remain), 32 townhouse units, and four outlots. She stated the largest outlot would be dedicated to the City for a future trail along Pomerleau Lake. Access to this development would be from Cheshire Lane, which is currently under construction as part of the Reserve development. She stated at the Planning Commission hearing, testimony was presented regarding tree preservation on site as well as potential flooding. She stated due to the number of slopes on the site, there would be a fair amount of tree removal. However, the final plan would need to meet the tree ordinance requirements. Community Development Director stated that due to the reduced road widths within the development, there would be no on -street parking. Councilmember Johnson asked if the developer would still need to comply with the shoreland requirements since there would be two water quality treatment ponds constructed on site. Community Development Director Hurlburt replied yes. Councilmember Hewitt asked if the developer has discussed with the adjacent property owners an emergency access lane on Glacier Lane. Community Development Director Hurlburt stated that the property owners to the west do not support a public road; however, this would provide for it in the future. Councilmember Harstad asked who would be responsible for the maintenance of the water quality treatment ponds. Public Works Director Faulkner replied staff is in the process of reviewing whether the City should be responsible for maintaining all water quality treatment ponds within the City. Community Development Director Hurlburt added the developer would need to meet all the treatment standards contained in the City's hydrologic and hydraulic study. Councilmember Johnson asked if any alternatives have been explored to save more of the cluster of trees that are located in the southeast part of the site. Community Development Director Hurlburt replied the developer continues to review the layout of this part of the development. Bruce Nedegaard, 4200 Central Avenue, stated they are in complete agreement with staff's recommendation. He stated regarding the emergency access lane, they would be meeting with the three property owners within the next week. Steve Gardner, 10717 10a' Avenue North, noted that there would be very large oak trees removed with this development, and currently in this area, there have been over 4,000 oak trees removed. He stated he assumes this developer would be scraping the black dirt off the property and reselling the dirt which is very typical. Therefore, this 25 -acre site would be impervious surface Adopted City Council Minutes Regular Meeting of September 25, 2001 Page 12 of 18 due to the clay surface that would be exposed. He showed a video to the Council on an area that was flooded which was due to trees being removed and scraping off the black dirt. He stated that trees do not grow very well in clay, and many trees in clay soil usually die within five years. He spoke of Conor Meadows development that is currently installing a drain line for water drainage due to the clay soil. He stated the developer should have to follow the requirements of the City's hydrologic and hydraulic study. Lastly, he requested that the Council not reduce the amount budgeted for tree reforestation in the 2002 budget. Mayor Tierney asked if staff verifies that there is a good surface for planting of trees and sod, and are the trees checked to determine if they have died. Community Development Director Hurlburt replied the City has a financial guarantee from the developer for the first winter and spring. If the trees die, they need to be replanted. Councilmember Black stated the Environmental Quality Committee recently discussed the City's tree ordinance. John Barton, from Hennepin Parks, stated that trees need to be planted at least two feet deep in order to allow the roots to grow. Motion was made by Councilmember Black, and seconded by Councilmember Harstad to adopt an Ordinance Amending Chapter 21 of the City Code to Classify Certain Lands located east of V V X V V — l IULVV l -JV,, Vuiuui96 Ui rau IM iceZuuuig mr iveuegaaru Construction for Property located east of Pomerleau Lake on Property currently addressed as 5684-5450 Juneau Lane North (2001025 — Res2001-395) Resolution Approving Preliminary Plat for Nedegaard Construction for Property located east of Pomerleau Lake on Property currently addressed as 5684-5450 Juneau Lane North (2001026 — Res2001-396)and a Resolution Approving PUD General Plan for Nedegaard Construction for Property located east of Pomerleau, on Property currently addressed as 5684-5450 Juneau Lane North (2001026 — Res2001-397). With all members voting in favor, the motion carried. 8.2) Approval of Interim Home Occupation License for a Music Studio for Property located at 10130 32nd Avenue North (Julie Serber — 2001084) Community Development Director Hurlburt reported on the application of Julie Serber for an interim home occupation license for a music studio on her property. She explained the applicant has been giving lessons in her home for 17 years. The Zoning Ordinance did not require a license for this home occupation until 1996. The teaching of lessons at this location is a legal, non -conforming use and current State law does not allow the City to require this home occupation to cease operation. However, the City could regulate the use to maintain the health, safety and welfare of the community. She stated the City learned of this use in July 2001 when a neighbor complained about noise. She explained the Zoning Ordinance allows interim home Adopted City Council Minutes Regular Meeting of September 25, 2001 Page 13 of IS occupation licenses to be approved administratively unless the City receives written objections of a substantive nature. During the 14 -day period that property owners within 200 feet of the applicants' residence could respond to the request, the City received several substantive objections. Some of the concerns included the increasing number of students being taught in the applicant's home, the duration of lessons from early morning to late evening, and parked cars blocking the view of adjacent driveways. In addition, the studio is in operation seven days per week. She noted that there was testimony in support of the home occupation. The Planning Commission has recommended approval. Community Development Director Hurlburt stated the applicant has suggested measures such as requiring students to park in the driveway and keeping their windows closed during the lessons. She stated this license would be approved for one year and then be reviewed again. Mayor Tierney requested one requirement in condition 3a of the Resolution be amended to state, vehicles parked in the driveway shall not have engines running during a lesson and no electronic equipment that produces noise audible form outside the vehicle shall be used by occupants of a parked vehicle." She also requested that the statement, "students shall arrive five minutes prior to a lesson," be deleted. Motion was made by Mayor Tierney, and seconded by Councilmember Johnson to adopt a 2001012 — Res2001-398). Councilmember Harstad voiced his concern on the condition that vehicles' engines can't idle. He believes this is excessive especially during the winter months. Mayor Tierney stated the applicant has invited people to wait inside rather than idling their engines. Councilmember Johnson asked how one would differentiate whether any parking in the driveway is related to the home occupation. Community Development Director Hurlburt stated the applicant suggested this condition, and if a complaint were received, staff would need to review the situation. City Attorney Knutson reminded the Council that this license would be reviewed in a year and appropriate adjustments to the conditions could be made at that time if necessary. There being no further discussion and with all members voting in favor, the motion carried. Adopted City Council Minutes Regular Meeting of September 25, 2001 Page 14 of 18 8.25) Approval of Planned Unit Development Amendment, Conditional Use Permit, Interim Use Permit, and Fire Lane Variance for "The Reserve Apartments (North American Properties — 2001070) Community Development Director Hurlburt spoke of the housing affordability issue for the 361 - unit apartment complex in the Reserve development. She stated the developer of the Reserve, Rottlund Development, sold the apartment site to North American Properties. Staff has been meeting with North American Properties on housing affordability for the apartments. She stated many funding sources to incorporate affordable housing were explored, but none of them were compatible with this development. She also stated that tax rates were changed for rental properties, and the high tax rate that applied for multi -family units is no longer being passed onto the developer to underwrite the cost. However, she noted that there is a shortage of rental housing in the community, and this development would assist in reducing that need. Jay Scott, North American Properties, stated they have been striving to integrate affordability into this project. However, given the amount of funds available and the timing and restrictions of those funds, it was not possible. He stated they met with Minnesota Housing and Finance Agency, and there aren't many funds available. Also, there is a requirement that 20% of the units would need to be available for 50% of the median income level. This wouldn't be feasible due to the excessive costs. Pat Murray, 504 Kingsview Lane, stated he is representing the Plymouth Task Force of MICAH West. He stated Rottlund promised their task force that they would make every effort to locate a developer to provide affordable housing to this component of the development. He stated that prior to the new tax changes in January, both Rottlund and North American Properties stated that none of the units would be affordable. He stated their task force would continue to study future developments in the City where affordable housing could be provided. Motion made by Councihnember Black, and seconded by Councilmember Hewitt, to approve a Resolution Approving a PUD Amendment to allow Building Height over 35 feet and Reduced Front Yard Setbacks, a Conditional Use Permit to allow Four Buildings on One Lot, an Interim Use Permit to allow Reduced Parking, and a Fire Lane Variance for the Reserve Apartments in the Reserve PUD, located west of I-494 and north of the Canadian Pacific Railroad (2001070 - Res2001-399), an Ordinance Amending Chapter 21 of the City Code to amend the Reserve PUD located west of 1-494 and north of the Canadian Pacific Railroad (20070 — Ord2001-31), and a Resolution Approving Findings of Fact for Amending the Zoning Ordinance Text for the Reserve Apartments in the Reserve PUD, located west of I-494 and north of the Canadian Pacific Railroad (2001070 — Res2001-400). With all members voting in favor, the motion carried. 8.3) Receive Presentation on Northwest Greenway Study Adopted City Council Minutes Regular Meeting of September 25, 2001 Page 15 of 18 Park and Recreation Director Blank, stated there would be a public open house on October 8, and approximately 200 property owners in the northwest part of the City have been notified of this open house. He explained after the open house, the plan would be redefined followed by another public open house, a review by the Park and Recreation Advisory Commission, and a final master plan for Council approval. Barry Warner, from SRF Consulting Group, the City's consultant on the Northwest Greenway, made a brief presentation on the Northwest Greenway plan. He highlighted the goals and objectives the study, the land use plan, comprehensive plan, trail plan, corridor study, trail surfacing alternatives, amenities, and surfacing alternatives, and the living farm property development alternatives. He stated the Northwest Greenway is a very complex project that involves land use preservation, incorporation of trails, and utilization of the living farm. Councilmember Slavik asked if the City currently owns any property in this area. Community Development Director Hurlburt stated the City has acquired property through adjacent housing developments. Park and Recreation Director Blank added that park dedication funds are being used to purchase properties. However, there could be the possibility of a future referendum if necessary. 8.4) Approval of Plans and Specifications on Hilde Performance Center Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a Resolution Approving Plans and Specifications for the Hilde Performance Center (Res2001- 401). Councilmember Johnson noted that the plan has been scaled back. Park and Recreation Director Blank stated this has been due to construction costs. Councilmember Slavik asked when the property would be turned over to the City. Park and Recreation Director Blank replied when the project is completed. There being no further discussion and with all members voting in favor, the motion carried. 8.5) Appointments to Youth Advisory Council and Human Rights Commission Motion was made by Councilmember Johnson, and seconded by Councilmember Stein, to adopt a Resolution Amending Resolution No. 98-251 for the Establishment of the Youth Advisory Council (Res2001-402). Councilmember Johnson explained this would allow the City to increase the Youth Advisory Council's membership from eight members to 11 members. She stated by enlarging the Adopted City Council Minutes Regular Meeting of September 25, 2001 Page 16 of 18 commission, it would assist in the efficiency of the commission. She noted some of their activities have been service awards, a New Year's party for middle school students, and the Youth Town Forum. Motion was made by Councilmember Black, and seconded by Councilmember Johnson to call the question. With all members voting in favor, the motion carried. The Council voted on the main motion and with all members voting in favor, the motion carried. Assistant City Manager Ahrens read the names of students who were recommended by the Council at their Special Meeting prior to the Regular Council for appointment to the Youth Advisory Council and the Human Rights Commission. Motion was made by Councilmember Black and seconded by Councilmember Johnson to adopt a Resolution ApUointine Members to the Youth Advisory Council and Human Rights Commission (Res2001-403). Councilmember Johnson stated she would be abstaining from voting due to her son's proposed reappointment to the Youth Advisory Council. Councilmember Harstad stated he would also be abstaining, as he wasn't present at the Study Session. Councilmember Slavik reported there was interest from students to serve on the Environmental Quality Committee (EQC). Councilmember Black stated that she would add a discussion of having two youth representatives on the EQC at the committee's next meeting. There being no further discussion and with all eligible members voting in favor, the motion carried. Reports and Recommendations 9.1) Redistricting Meetings Councilmember Black reported on the redistricting meetings that are scheduled during the month of October throughout the State. She stated there are a number of congressional and legislative plans that have been proposed, and she requested the Council review these plans and indicate any preference. Representatives of the City could then either attend a redistricting meeting and/or send a letter in support of the preferred plans. Adopted City Council Minutes Regular Meeting of September 25, 2001 Page 17 of 18 The Council discussed this suggestion and briefly discussed the advantages and disadvantages of having more legislative and congressional representation for the City. Mayor Tierney requested this be tabled to the October 9 meeting for further discussion. 9.2) Report on School District 281 Government Advisory Council Councilmember Stein stated that School District 282 is in the process of receiving applications for a fundraiser coordinator. He also mentioned their newsletter which contained information on various assistance programs for residents. He suggested that the City's HRA brochures also contain this type of information. 9.3) Hennepin Conservation District Councilmember Black stated it has been brought to her attention that the County is considering a change to the funding of the Hennepin Conservation District. A resident has requested that the Council send a letter to the County supporting the funding. However, she, as well as Councilmember Hewitt, suggested before the Council takes any action, Councilmembers meet with County Commissioner Steele individually to receive further information. Public Works Director Faulkner commented that this item would be discussed at the next Elm Creek Watershed District meeting. 9.4) Notice of Planning Commission Vacancy Councilmember Stein informed the Council that Planning Commissioner Sarah Reinhardt has submitted her resignation. Her last meeting will be the second meeting of November. City Manager Ahrens stated that the City is currently receiving applications for vacancies on the Public Safety Advisory Board, Park and Recreation Commission, Human Rights Commission, and Northwest Human Services. She stated that staff has a few applications from individuals who have previously applied for the Planning Commission. She noted that traditionally, the Council advertises in November for all board and commission openings and interviews in December. Mayor Tierney requested staff to compile those applications that have previously been received for the Planning Commission, and the Council would discuss their course of action at the October 9 meeting. Adopted City Council Minutes Regular Meeting of September 25, 2001 Page 18 of 18 Adjournment Motion was made by Councilmember Slavik and seconded by Councilmember Stein to adjourn the meeting at 11:18 p.m. With all members vof gin favor, Zo) on carried. andra R. Paulson, City Clerk