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HomeMy WebLinkAboutCity Council Minutes 01-04-2000Adopted Minutes Regular Council Meeting January 4, 2000 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 the City Center, 3400 Plymouth Boulevard, on January 4, 2000. COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Black, Harstad, Bildsoe, Johnson, and Slavik. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Public Safety Director Gerdes, Community Development Director Hurlburt, Public Works Director Moore, Parks and Recreation Director Blank, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum No one was present to address the Council. Presentations and Public Information Announcements 4.1) Presentation by Hennepin County Attorney Amy Klobuchar County Attorney Klobuchar gave a presentation to the Council on her 100 -day action plan that was to target specific goals and objectives of the County Attorney's office as well as the results of that plan. Mayor Tierney thanked County Attorney Klobuchar for her presentation. Approval of Agenda City Manager Johnson requested item No. 6.22 under the Consent Agenda be removed from the agenda and presented to the Council at a later date. He also stated that a revised copy of item No. 6.04 has been provided to the Council this evening. Councilmember Harstad requested to add the Legislative Priority List for 2000 as item No. 9.4 under Reports and Recommendations. Adopted City Council Minutes Regular Meeting of January 4, 2000 Page 2 of 14 Councilmember Bildsoe requested to add the December 23, 1999 correspondence from Finance Director Hahn to the Minnesota Taxpayer's Association (included in the December 30, 1999 Council Information Memorandum) as item No. 9.5 under Reports and Recommendations. Motion was made by Councilmember Harstad, and seconded by Councilmember Bildsoe, to approve the amended agenda. 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 briefly discussed the revisions made to item No. 6.04. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to approve the Consent Agenda which included the following items: 6.01: Approve proposed City Council Minutes (Regular Council Meeting of December 21, 1999). 6.02: Resolution Approving Disbursements for the Period Ending December 24, 1999 Res2000-001). 6.03.1: Appointment of Sandra Paulson as City Council Secretary. 6.03.2: Resolution Appointing Official Depositories for City Funds for 2000 (Res2000-002). 6.03.3: Resolution Ratifying Surety and Blanket Bonds for City Employees for 2000 (Res2000- 003). 6.03.4: Appoint Dr. Doug Lowin as City Health Officer for 2000. 6.03.5 Resolution Designating the Plymouth Sun Sailor as the City of Plymouth Official Newspaper for 2000 (Res2000-004). 6.04: Resolution Approving Final Plat and Development Contract for Providence Academy for Providence Academy Addition," located North of Schmidt Lake Road between Quantico Lane North and Minnesota Lane North (Res2000-005), Resolution Adopting Assessments for Sanitary Sewer and Watermain Charges for City Project No. 9902, Providence Academy (Res2000-006), Adopted City Council Minutes Regular Meeting of January 4, 2000 Page 3 of 14 and a Resolution Adopting Assessments for Water Lateral and Street and Storm Sewer for City Project No. 9007, Providence Academy (Res2000-007). 6.05: Ordinance Approving Street Name Change in the Silverthorne 4t' Addition Development Ord2000-01). 6.06.1: Resolution Amending Development Contract for Silverthorne 4` h Addition (97133 - Res2000-008). 6.06.2: Resolution Amending Development Contract for Silverthorne 5t' Addition (99075 — Res2000-009). 6.07.1: Resolution Reducing Required Financial Guarantee for Plum Tree East Addition (94090 Res2000-010). 6.07.2: Resolution Reducing Required Financial Guarantee for Golfview Woods Addition 96056 — Res2000-011). 6.07.3: Resolution Reducing Financial Guarantee for Plum Tree East 2nd Addition (98128 — Res2000-012). 6.07.4: Resolution Reducing Required Financial Guarantee for Plum Tree East 3`d Addition 98129 — Res2000-013). 6.07.5: Resolution Reducing Required Financial Guarantee for Silverthorne 5b Addition (99- 075 — Res2000-014). 6.08: Resolution Approving Request for Payment No. 5 for Ferndale Road Utility and Street Improvements, State Aid Project (S.A.P.) 152-110-01 and 155-178-01, City Project No. 6007 Res2000-015). 6.09: Resolution Approving Request for Payment No. 10 and Final Schmidt Lake Road Utility and Street Improvements, State Aid Project (S.A.P.) 155-165-05, City Project No. 9007 Res2000-016). 6.10: Resolution Ordering Public Hearing on the Vacation of an Easement for Utility, Drainage, and Roadway Purpose within Parcel 14-118-22-13-0012 (Res2000-017). 6.11: Resolution Ordering Public Hearing on the Vacation of a Drainage Easement for Ponding within Lots 1 and 4, Block 1 of Ferndale Place (Res2000-018). Adopted City Council Minutes Regular Meeting of January 4, 2000 Page 4 of 14 6.12: Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Troy Lane Sanitary Sewer Service North of County Road 6, City Project No. 7018 (Res2000-019), and a Resolution Establishing Assessment Hearing for Proposed Assessment on the Troy Lane Sanitary Sewer Service North of County Road 6, City Project No. 7018 — Res2000-020). 6.13: Resolution Approving 2000 Fee Increases and Amended Contract for Legal Services Provided by Campbell Knutson (Res2000-021). 6.14.1: Resolution Finding No Objection to Lawful Gambling Exemption for Minnesota Chapter No. 18 Telephone Pioneers (Res2000-022). 6.14.2: Resolution Finding No Objection to Lawful Gambling Exemption for Zachary Lane Elementary PTA (Res2000-023). 6.15: Resolution Approving 2000 Tobacco License for Paradise Tobacco (Res2000-024). 6.16: Resolution Reinstating a Civil Penalty Against TGI Friday's of MN, Inc. d/b/a Italianni's for Liquor Compliance Check Evaluation (Res2000-025). 6.17: Resolution Approving Various Park Improvements for 2000 (Res2000-026). 6.18: Resolution Approving the Purchase of One New Current Model Wheel Loader with Snow Plow and Wing (Res2000-027). 6.19: Resolution Authorizing Staff to Enter into an Agreement with Minnesota Valley Transit Authority Utilizing their Open Bid Option for Purchase of Ten 32 foot Bluebird CS Transit Vehicles (Res2000-028). 6.20: Resolution Approving Change Order No. 1, Pay Estimate No. 3, and Reduction in Retainage for Kingsview Lane Improvement Project, City Project No. 9002 (Res2000-029). 6.21) Resolution Authorizing the Settlement and Payment of Workers' Compensation and Employment Related Claim (Res2000-030). Mayor Tierney stated she would be casting a no vote for item No. 6.16. Motion carried to approve the Consent Agenda. Adopted City Council Minutes Regular Meeting of January 4, 2000 Page 5 of 14 Public Hearings 7.1.1) Hearing on Alcohol Compliance Check Violation for Fleming Companies, d/b/a Rainbow Foods, 10200 6th Avenue North (Second Violation) Mayor Tierney opened the public hearing for testimony. Public Safety Director Gerdes stated this second violation occurred during the alcohol compliance checks on July 14, 1999 where the clerk sold alcohol to a minor. The clerk appeared in court on October 14, 1999, pled guilty, and received a $300 fine. He reiterated this is the second violation for the licensee (first violation occurred on July 30, 1998). He stated on February 16, 1999, the Council imposed a $1,000 fine and a 10 -day license suspension for the first violation. He stated the presumptive penalty under this type of license for a second offense is a $1,500 fine and a 20 -day license suspension. John Webster, 8000 Excelsior Boulevard, Hopkins, representing Rainbow Foods, stated Rainbow Foods has implemented a number of measures to prohibit illegal sales to minors, and they are: 1. A device has been inserted into their cash registers so when sales of alcohol are being made, the clerk is prompted to check the identification of the customer. 2. Only service managers can complete the sales of alcohol. 3. Workshops are conducted for their employees every 30 days. 4. The company has republished their company policies on disciplinary actions for employees if illegal alcoholic sales are made. Councilmember Johnson asked if the employees were made aware that there were going to be compliance checks, and were their employees trained. Mr. Webster replied the compliance check notices are posted and published for all employees to view. Meetings are also conducted with the head cashiers and department heads. Mayor Tierney asked if they have considered selling their alcohol in a separate area similar to how tobacco sales are conducted. Mr. Webster replied he is unsure if that has been considered, however, he would convey this message to management. Councilmember Black commented all grocery stores have express lanes, and she suggested that these lanes be utilized for alcohol and/or non -alcohol sales so just certain cashiers are performing the alcohol transactions. Mr. Webster stated that too is a good idea, and he will convey this suggestion to management. Adopted City Council Minutes Regular Meeting of January 4, 2000 Page 6 of 14 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 Johnson, and seconded by Councilmember Harstad, to adopt a Resolution Imposing a Civil Penalty Against Fleming Companies, Inc. d/b/a Rainbow Foods #51 for Liquor Compliance Check Violation (Presumptive Penalty of $1,500 and a 20 -day license suspension with 10 days stayed). (Res2000-031). Councilmember Johnson stated she appreciates the effort being made by Rainbow Foods in training their employees. Mayor Tierney stated she is very opposed to the motion, and she would like to discuss the failure rate of compliance checks at a Study Session in the very near future. Councilmember Johnson stated the presumptive penalties have only been in place since May 1999. She stated the City has the responsibility to affirm that alcohol sales are not being made to minors. She doesn't feel the current system has been in effect long enough to be discarded. Mayor Tierney agreed on the importance of businesses being in compliance. However, some establishments are quickly progressing towards a possible fourth violation which could result in revocation of their liquor license under the presumptive schedule. Councilmember Bildsoe stated the City is not forcing businesses out of business. The City is enforcing penalties as this issue is a top priority for the Council. Councilmember Slavik stated she agrees with Councilmember Bildsoe. She stated the City forewarns the businesses when there are going to be compliance checks. Councilmember Black also agreed and stated this is the responsibility of the license holder to make sure illegal sales do not occur. Motion was made by Councilmember Harstad, and seconded by Councilmember Johnson, to amend the main motion for a full 20 -day license suspension rather than the staying of 10 days. Councilmember Harstad stressed the importance of sending a clear message to the businesses in the City. Councilmember Brown stated he would not support the amendment as the licensee has demonstrated a good effort in correcting any problems that may exist. Adopted City Council Minutes Regular Meeting of January 4, 2000 Page 7 of 14 Mayor Tierney stated she also would not support the amendment. She agreed with Councilmember Brown that there should be some recognition for efforts put forth by businesses; however, it is very hard for businesses to control their employees' actions. There being no further discussion, the Council voted on the amendment. With all members voting against the motion but Harstad, the motion failed. Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe to call the question. With all members voting in favor, the motion carried. The Council then voted on the main motion. With all members voting in favor of the motion but Harstad and Tierney, the motion carried. The Council directed that findings of fact be presented to the Council at their next meeting on January 18, 2000 for consideration. 7.1.2) Hearing on Alcohol Compliance Check Violation for Pizza Hut No. 426032,1415 County Road 101 (First Violation) Mayor Tierney opened the public hearing for testimony. Public Safety Director Gerdes gave a synopsis of the offense which occurred on July 20, 1999. He explained in addition to the illegal sale of alcohol, the employee was under the age of 18. He stated the licensee could receive an administrative penalty of a $2,000 fine and/or suspension of the liquor license for a period up to 60 days. The presumptive penalty for selling to a minor is 500 with a five-day suspension of the license. He stated there is no presumptive penalty for the employee (minor) selling alcohol to a minor. Darin Olson, 709 9t' Street, Farmington, stated he is the area manager, and he oversees nine locations in the western metro area. He stated the employee who committed the offense has been terminated. Councilmember Johnson asked him to describe to the Council their training procedures for employees. Mr. Olson stated he visits the establishments three times a year and reaffirms with the managers their training with their employees on not serving to minors. When they receive the notice from the City that compliance checks will be occurring, they post the notice for their employees. He acknowledged that the business made a mistake, however, they do include a provision on serving minors in their policy manuals, and all employees are required to attend a centralized orientation. Adopted City Council Minutes Regular Meeting of January 4, 2000 Page 8 of 14 Councilmember Johnson asked what employees have access to the alcohol. Mr. Olson replied the beer is not locked up; it is in a beer cooler. He stated there is not a lot of alcohol sold at this location — only about six beers per week. Councilmember Slavik asked if there are written materials provided to the employees so they are aware that selling alcohol to minors is illegal. Mr. Olson replied they are provided with an orientation booklet, and they attend a session as well. Councilmember Black asked if the business has contacted the Police Department to assist in training their employees on this issue. Mr. Olson replied not currently, but they are considering the possibility. Councilmember Brown asked, as a result of this incident, if they have changed any of their policies and procedures. Mr. Olson replied he doesn't have the authority, but he will communicate the concerns to management. Theresa Hoffman, manager of this Pizza Hut location, stated she does discuss their policy manual with the employees, and she illustrated to the Council a poster on this subject which they display for the public and their employees. Mayor Tierney asked Ms. Hoffman how long she has been the manager at this location. Ms. Hoffman replied approximately 2.5 years. She stated she did not receive notification on this last compliance check that it was going to occur. Mayor Tierney suggested to Ms. Hoffinan that she contact the Police Department to assist them in training their employees as it relates to the sale of alcohol. Councilmember Slavik stated that after reviewing their management guideline policy, it isn't very clear on the specific laws. She stated she feels a stronger message needs to be conveyed to their employees. Councilmember Bildsoe asked Public Safety Director Gerdes about the notification procedures for compliance checks. Public Safety Director Gerdes there is only one annual notification for both liquor and tobacco that is sent out each year. He stated included with the notification is a packet of information that includes updated laws, and information on the Police Department assisting in employee training. Adopted City Council Minutes Regular Meeting of January 4, 2000 Page 9 of 14 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 Penalty Against Pizza Hut #426032 for Liquor Compliance Check Violation (Presumptive Penalty of $500 with a five day license suspension for the first violation, and a $1,500 fine and 20 day suspension for the second violation (minor selling to a minor). (Res2000-032). Councilmember Johnson asked what the Council previously imposed for a similar type violation at another establishment. Public Safety Director Gerdes stated the recommendation is the same, but the only difference was an allowance was made whether the establishment wanted to serve the suspension all at once or have it split. City Attorney Knutson stated it's only one penalty even though it was broken down in the motion. Councilmember Johnson stated that she prefers that it be broken down for clarity purposes. Councilmember Brown stated since the business sells very little liquor, he recommended the suspension be served consecutive days. Mayor Tierney stated it concerns her that there may be no fairness with the presumptive penalties as there is no State law which establishes the criteria. She stated she feels the 60 -day suspension is a very long time. Councilmember Johnson stated the second violation of a minor serving to a minor concerns her. Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to amend the motion to increase the suspension time from 20 days to 30 days for the second violation (minor selling to a minor). Councilmember Black stated she prefers a staying of a portion of the suspension. Councilmember Slavik withdrew her amended motion as she was interested in a proposed motion to be made by Councilmember Black. Motion was made by Councilmember Black, and seconded by Councilmember Johnson to amend the main motion to impose a presumptive penalty of $500 fine with a five days suspension for the first violation, and a $1500 fine with a 55 day suspension with 30 days stayed for the second violation (if there were a sale from a minor to a minor within 12 months, the Adopted City Council Minutes Regular Meeting of January 4, 2000 Page 10 of 14 stayed portion would be imposed). With all members voting in favor but Harstad and Tierney, the motion carried. The Council then voted on the amended main motion. With all members voting in favor but Harstad and Tierney, the motion carried. The Council directed that findings of fact be presented to the Council at the next regular meeting on January 18, 2000 for consideration. Mayor Tierney suggested the Public Safety Director conduct a meeting that would include businesses, employees, and the general public for the purpose of receiving comments on the presumptive penalties. Councilmember Bildsoe stated he does not support this suggestion. He would prefer that the presumptive penalties be in place a little longer. However, he would be open to any suggestions from the Public Safety Director if he has identified any issues that should be addressed. Councilmember Johnson stated she agrees with Councilmember Bildsoe. Councilmember Brown stated the Council is united in the intent to keep alcohol away from minors. He suspects that over time there may be ways to improve the policy. Therefore, he would prefer an assessment from the Director of Public Safety on this policy. Councilmember Black stated she also agrees with Councilmembers Johnson, Bildsoe, and Brown. She stated it would be interesting to know what other cities' compliance rates are as the City's compliance rate of 50% may be very good. Mayor Tierney stated she too would like to know what other cities are doing. However, there is a 45% non-compliance rate prior to December. She would like to hear from the businesses why they are having difficulties. Councilmember Brown stated perhaps the Director of Public Safety could speak to all businesses, both to those that have passed the compliance checks and those that haven't. He stated there could be practices of the businesses that have passed that could be shared with those businesses that are having difficulties. Public Safety Director Gerdes stated he would provide a report to the Council. A short recess was conducted. Mayor Tierney reconvened the meeting at 9:03 p.m. Adopted City Council Minutes Regular Meeting of January 4, 2000 Page 11 of 14 General Business 8.1) Approve Millennium Garden Proposal Parks and Recreation Director Blank discussed with the Council a concept for a proposed millennium garden project for Plymouth Creek Park. He explained there would be a trail system going around the entire area. He stated the main garden area would contain many features for displaying art, one or more reflecting pools, some type of spray statutes or fountains, and a main structure to be used for a focal point for weddings. The central garden area would contain a manicured lawn that would be surrounded with a variety of trees, shrubs, and flowers. It is anticipated that the gardens would be rented for special events (weddings, family reunions, corporate events, etc.), and this revenue would be used to assist in maintaining the gardens. He stated the estimated budget for Phase I of this project is $302,629. Of this amount, it is proposed that $100,000 is allocated from park dedication funds, $100,000 to be allocated from the community improvement fund, interest earned on the Plymouth Creek Center construction fund, or any remaining funds left over from the Plymouth creek Center construction budget. The remaining $100,000 would be raised by the City through community fund raising. He requested approval of this proposal as the official millennium project, authorization to hire architects for the cost and design of the garden, and begin an official fundraising campaign for the project. Councilmember Harstad asked how much surplus may be available on the Plymouth Creek Center project as well as interest on the bond issue. Parks and Recreation Director Blank replied it could be approximately $150,000. Councilmember Harstad asked if this project would require additional parking. Parks and Recreation Director Blank replied no. Councilmember Slavik stated she likes this project, but she is concerned about the cost of the project. She stated perhaps more funds could be generated through fundraising efforts. Councilmember Brown stated he supports this project, and he asked who would oversee the fundraising efforts. Parks and Recreation Director Blank stated his staff would oversee this project. He stated volunteers would also be utilized. Mayor Tierney stated she hopes there is a major effort to involve the master gardeners and garden clubs in the City. Councilmember Black stated this is a great project and is very exciting. She requested that staff consider utilizing recycled bricks that are made of glass. She asked how the fountains and Adopted City Council Minutes Regular Meeting of January 4, 2000 Page 12 of 14 various sculptures would be selected. Parks and Recreation Director Blank stated they haven't finalized a procedure for that aspect. Councilmember Harstad stated he prefers the budget contain only the excess funds from the Plymouth Creek Place project and the fundraising efforts. Councilmember Brown commented this is not a major amount of funds to spend on a project of this magnitude that would be in the City for years, and one in which the City could be very proud. He stated he is confident that the money budgeted for this project would be money well spent. Councilmember Black commented on the importance of utilizing park dedication funds to beautify other areas of the City. She stated the Council needs to prioritize those areas and budget accordingly. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to adopt a Resolution Approving Millennium Garden Project (Res2000-033). With all members voting in favor, the motion carried. 8.2) Affirm Elimination of the Two -Step Process for Planning Applications Community Development Director Hurlburt reported on the Planning Commission's recommendation to discontinue the two-step public hearing process for major planning applications. She stated citizens are frustrated that they have to attend two meetings for one project. The Planning Commission currently has that authority to continue a hearing in order to obtain further information. Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to affirm the Planning Commission's recommendation to discontinue the two-step hearing process for major planning applications. Councilmember Johnson stated she too has heard complaints from citizens on the necessity of attending two meetings for one project. Councilmember Black stated this type of process makes it very difficult for the public to be involved. Councilmember Slavik stated she also supports the recommendation for the above reasons and also that it was a burden on staff for this type of process. There being no further discussion and with all members voting in favor, the motion carried. Adopted City Council Minutes Regular Meeting of January 4, 2000 Page 13 of 14 Reports and Recommendations 9.1) Appointment of Deputy Mayor for 2000 Motion was made by Mayor Tierney, and seconded by Councilmember Johnson, to adopt a Resolution Appointing Councilmember Bildsoe as Deputy Mayor for 2000 (Res2000-034). With all members voting in favor, the motion carried. 9.2) Appointment of Council Coordinating Representatives, and Appointment of Council and Staff Representatives to Other Agencies for 2000 Mayor Tierney asked if there are any requested changes to staff's report. The Council made amendments to the list (Councilmember Johnson to the Planning Commission, Councilmember Slavik to the Park and Recreation Advisory Committee, and Councilmember Johnson to the Communities in Collaboration Council. Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to approve the amended appointments as contained in the staff report. With all members voting in favor, the motion carried. 9.3) Consider Revising the City Council Regular Meeting Dates for February and March requested by Mayor Tierney) Mayor Tierney stated due to scheduling conflicts, she presented a proposed revised schedule for Council meetings in February and March. She stated regular Council meetings would be conducted on February 1, February 15, February 29, and March 21. In addition, a Special Council Meeting would be conducted on February 8. Motion made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to adopt a Resolution Revising Regular City Council Meeting Dates for February and March 2000 Res2000-035). With all members voting in favor, the motion carried. 9.4) 2000 Legislative Priority List (Councilmember Harstad) The Council briefly discussed this list. Assistant City Manager Ahrens requested the Council provide her with their suggestions by January 10'h so they can be included on the list. Councilmember Brown stated the League of Minnesota Cities list should also be included. Adopted City Council Minutes Regular Meeting of January 4, 2000 Page 14 of 14 9.5) Councilmember Bildsoe removed this item from the agenda, as Finance Director Hahn was absent. Adjournment Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adjourn the meeting at 10:00 p.m. With all members voting in favor, the motion carried.