HomeMy WebLinkAboutCity Council Minutes 06-28-2011Adopted Minutes
Regular Council Meeting
June 28, 2011
Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the
Council Chambers of City Hall, 3400 Plymouth Boulevard, on June 28, 2011.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Bildsoe, Murdock, Black, Willis,
Johnson, and Stein.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park Director Blank,
Superintendent of Recreation Evans, City Engineer Moberg, Community Development Director
Juetten, Administrative Services Director Portner, Fire Chief Kline, Police Chief Goldstein, and
City Clerk Engdahl.
Plymouth Forum
There was no one present to address the Council.
Presentations and Public Information Announcements
4.01) Donation from CenterPoint Energy
A representative from CenterPoint Energy presented a donation in the amount of $650 for the
purchase of automated external defibrillator for the Fire Department.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to
adopt a Resolution Authorizing Acceptance of a Donation from the CenterPoint Energy Company
Res2011-200). With all members voting in favor, the motion carried.
4.02) Certificate of Achievement for Financial Reporting
The Council accepted the Certificate of Achievement for Financial Reporting for the period
ending December 31, 2009.
4.03) Recognition to Park Director Blank
The Council thanked Park Director Blank for his 31 years of service to the City and wished him
well on his retirement.
Adopted Minutes 1 of 6 Regular Meeting of June 28, 2011
Mayor Slavik reminded everyone of Music in Plymouth tomorrow at 5:00 p.m. at the Hilde
Performance Center.
Approval of Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to
approve the a egnda. With all members voting in favor motion carried.
Consent Agenda
Mayor Slavik removed item No. 6.08, and it was placed under General Business as item No.
8.03.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to
adopt the amended Consent Agenda that included the following items:
6.01) Resolution Approving Change Order No. 2 to Odessa H (Res2011-201).
6.02) Resolution Approving Disbursements ending June 18, 2011 (Res2011-202).
6.03) Ordinance Amending Chapter 21 of the City Code to Amend Interfaith Outreach and
Community Partners PUD for Property located at 1605 County Road 101 (2011031 - Ord2011-
16), Resolution Approving Findings of Fact for Amending the Zoning Ordinance Text (Res201 1 -
203), and a Resolution Approving a PUD General Plan Amendment to allow an Additional Use
for the Property (Res2011-204).
6.04) Resolution Approving a Preliminary and Final Plat and Variances for the City of
Plymouth for "Dog Park" for Property located at 5835 Dunkirk Lane North (2011032 - Res2011-
205).
6.05) Resolution Approving Payment No. 2 and Final for Wild Wings Flood Protection
Improvement Project (7135 — Res2011-206).
6.06) Resolution Approving Payment No. 1 and Final for 2011 Crack Repair Program (11009 —
Res2011-207).
6.07) Resolution Awarding a Contract for Lancaster Lane Mill and Overlay and Watermain
Replacement Project (11010 - Res2011-208).
6.08) (This item was removed from the Consent Agenda and placed under General Business as
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item No. 8.03).
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Adopted Minutes 2 of 6 Regular Meeting of June 28, 2011
6.09) Resolution Extending the Licensed Premises for Old Chicago, 3503 Vicksburg Lane
Res2011-209).
6.10) Ordinance Amending Chapter 10 of the Plymouth City Code Concerning Park Facilities
Fees (Ord2011-17).
6.11) Resolution Accepting Donations for City of Plymouth Special Events, Programs, and Park
Projects (Res2011-210).
With all members voting in favor, the motion carried.
Public Hearings
There were no public hearings scheduled.
General Business
8.01) 2010 Comprehensive Annual Financial Report
Aaron Nielsen, from the City's auditing firm, presented the 2010 Comprehensive Annual
Financial Report.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt
a Resolution Accepting the 2010 Comprehensive Annual Financial Report and Audit (Res2011-
211 . With all members voting in favor, the motion carried.
8.02) Social Host Ordinance
Police Chief Goldstein reported on the proposed social host ordinance. He stated currently, the
Police Department cites individuals for underage consumption, but they don't have a tool, such
as this ordinance, to hold someone liable for hosting the gathering.
Councilmember Johnson asked if this ordinance would be replicating Minnesota law. Police
Chief Goldstein replied with existing law, on the criminal side of things, there are two statutes.
These statutes address purchasing alcohol for minors and contributing to the delinquency of a
minor (Police Department needs to prove that they furnished the alcohol, not just the venue).
The proposed ordinance is a new tool that specifically speaks to the venue. The burden of proof
is on the Police Department to prove who knowingly provided the venue. City Attorney Knutson
added that the City has a substantial burden of proof to prove that the homeowner knowingly
permitted the event to take place.
Adopted Minutes 3 of 6 Regular Meeting of June 28, 2011
Mayor Slavik asked if underage individuals are consuming liquor at a home without the parents'
1 permission, are the parents liable? Police Chief Goldstein replied no. The Police Department
has to prove that the parents knowingly provided the venue.
Mayor Slavik commented that she was approached by Mothers Against Drunk Drivers (HADD)
over year ago requesting this type of an ordinance.
Motion was made by Councilmember Stein, and seconded by Councilmember Black, to adopt an
Ordinance Adding Section 1216 of the City Code Concerning Social Hosts (Ord2011-18).
Councilmember Johnson requested that in a year, the Police Department provide a report to the
Council on what situations have arisen from this ordinance and how useful the ordinance has
been.
Councilmember Murdock she doesn't support this ordinance as there could be unintended
consequences as the ordinance is too broad. She stated "one size doesn't fit all" as far as the age
of the youth that is being addressed. She stated it's also another matter when college age kids
come home and parents lose some of that control with the 18-20 year olds. There are a lot of
issues surrounding this type of an ordinance.
Councilmember Willis stated that he supports the ordinance, but it needs to be communicated
through the City's newsletter and website and hopefully through the high schools'
communications.
Councilmember Bildsoe asked when Maple Grove and Minnetonka's ordinances went into effect,
how do they compare to the proposed ordinance before the Council this evening, and what
feedback has our Police Department received from them. Police Chief Goldstein replied the
proposed ordinance is identical to Minnetonka's, and they adopted their ordinance in 2009.
Maple Grove adopted their ordinance in 2008. The feedback that he's received is that the
ordinance has been a useful tool for their police departments.
Sara Johnson, 1255 Archer Lane North, requested the Council's support of this ordinance as this
will assist in reducing underage drinking and youth in making healthy decisions regarding
alcohol consumption.
There being no further discussion and with all members voting in favor but Murdock, the motion
carried.
8.03) Zoning Ordinance Text Amendment to Amend the Requirements for Scoreboards in
the Public/Institutional Zoning District (2011034)
Mayor Slavik noted the amended ordinance that was given to the Council this evening as
requested by Councilmember Stein. She asked how a sponsorship panel is different from
advertising on scoreboards.
Adopted Minutes 4 of 6 Regular Meeting of June 28, 2011
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Councilmember Johnson stated her opinion is a sponsor is financially supporting the program
which is different than commercial advertising.
Community Development Director Juetten stated the question that has been raised that if it's a
charitable organization, such as the Lion's Club, that's one thing, but if it's a private entity, is that
acceptable?
City Attorney Knutson stated the sign can be worded, "sponsored by" who and their name. He
stated he would be very concerned if the Council required that only non-profit organizations
could be a sponsor. He also stressed that the ordinance would only allow signage on the
scoreboard, not on the fences around the playfields.
Mayor Slavik stated just having an association/business name on the scoreboard is advertising.
She asked if staff has defined the size of the advertising panel. Community Development
Director Juetten replied no. He then explained the proposed changes to Subdivisions 8c and 21
of the ordinance that was handed out this evening.
A considerable amount of discussion was held on scoreboard advertising. The following points
were raised:
1. Advertising on scoreboards generates revenue that supports programs they are
sponsoring.
2. This is outdoor signage and it there could be sensitivities with adjacent neighborhoods
when the events are being played; otherwise, the sign goes dark.
I The City has utilized similar signage for sponsorships, such as at the ice center.
4. The flexibility that digital signage on scoreboards provides. A person can update the
listing of sponsors via data entry/electronic means, versus the cost of replacing a
permanent place on the scoreboard.
5. Being able to regulate the size of the sponsorship portion of the sign.
Representatives of the Wayzata School District stated that they received donations for the new
multi-purpose scoreboard, and they are exploring opportunities to partner with organizations and
businesses who support their athletic programs. They are still working on the details of the
scoreboard; therefore, they don't have any firm dimensions or percentage of the scoreboard that
they would like to use for "anchor partners" and "founding partners" areas on the scoreboard.
Their desire is to use the new scoreboard when school starts in the fall.
Mayor Slavik asked about the scoreboards at Greenwood Elementary School. Park Director
Blank stated the baseball associations own those scoreboards. City Attorney Knutson added
since they own the signs, they can do whatever complies with the City's sign ordinance.
Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to adopt
the amended Ordinance that was handed out this evening, an Ordinance Amending Chapter 21 of
the City Code Entitled the PlMouth Zoning Ordinance (2011034 - Ord2011-19) and a
Adopted Minutes 5 of 6 Regular Meeting of June 28, 2011
Resolution ApprovingFindingsindings of Fact for a Zoning Ordinance Text Amendment to Section
21650 to amend Requirements for Scoreboards in the PI District (2011034 — Res2011-212).
A motion was made by Councilmember Johnson to limit the sponsorship area on the scoreboard
to no more than 50%. This motion died for lack of a second.
The Wayzata School representatives stated they haven't come up with firm dimensions, but they
don't feel the sponsorship area of the sign would be more than 30% of the total sign area.
Motion was made by Councilmember Johnson and seconded by Councilmember Bildsoe, to
amend the main motion to incorporate language in Sections 8c and 21 of the ordinance that
would limit the sponsorship area on the scoreboard to no more than 35%.
Mayor Slavik stated she's not comfortable with 35%.
A substitute motion was made by Councilmember Willis and seconded by Councilmember Stein,
to incorporate language in Sections 8c and 21 of the ordinance that would limit the sponsorship
area on the scoreboard to no more than 20%.
The concern was raised how big the letters have to be in order for the sponsorship area on the
sign to be visible from the stands.
Councilmembers Bildsoe and Johnson felt that 30% would be better as it would allow a little
more flexibility for the school in designing their scoreboard.
An amendment to the substitute motion was made by Councilmember Johnson, and seconded by
Councilmember Bildsoe to incorporate language in Sections 8c and 21 of the ordinance that
would limit the sponsorslu_p area on the scoreboard to no more than 30%. With all members
voting in favor but Stein and Willis, the motion carried.
The Council voted on the amended main motion and with all members voting in favor, the
motion carried.
Reports and Staff Recommendations
There were no reports and staff recommendations.
Adiournment
Mayor Slavik adjourned the meeting at 9:12 p.
W44&dad
Sandra R. Engdahl, dY Clerk
Adopted Minutes 6 of 6 Regular Meeting of June 28, 2011