HomeMy WebLinkAboutCity Council Minutes 01-18-2000Adopted Minutes
Regular Council Meeting
January 18, 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 18,
2000.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Harstad, Bildsoe, Johnson,
and Slavik.
ABSENT: Councilmember Black
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Public Safety
Director Gerdes, Community Development Director Hurlburt, Finance Director Hahn, Public
Works Director Moore, Parks and Recreation Director Blank, Attorney Poehler, and City Clerk
Paulson.
Plymouth Forum
Marie Egger, 450 Ranchview Lane North, stated she resides across the street from Birchview
Elementary School, and she expressed her concerns to the Council regarding the traffic
congestion on Vicksburg Lane. She stated there is a three-quarter mile zone where students are
not picked up and transported to the middle school. She indicated that due to earlier complaints,
there were busses made available for children on 9t" Avenue. Those students who are not bussed
are to walk to school and cross Vicksburg Lane. She stated this road is very congested, and there
are only crosswalks on P Avenue, 9t' Avenue, and the three-way stop at Gleason Lake Drive.
She stated this issue was discussed at last year's National Night Out event. The police officers
indicated they would try to patrol this area more heavily and issue citations whenever necessary.
She stated it is imperative that drivers observe the crosswalk law. She stated other suggestions
would be to utilize police and/or crossing guards, slow down the traffic before the crosswalks,
install better signage, etc. However, in the short term, perhaps another crosswalk could be added
at 6t' Avenue at Vicksburg Lane and/or flashing lights to alert motorists.
Mayor Tierney thanked Ms. Egger for her testimony and stated the Council would refer this item
to Public Safety Director Gerdes for a report and recommendation.
Christy Raden, 15720 6h Avenue North, stated a vehicle hit a boy last week at Vicksburg Lane
even though he was not in the crosswalk. She stated there are 10 children who reside on 6h
Avenue, and in the winter, it is not practical for the children to walk through the church property.
Lastly, she stated there are many crosswalks in the Plymouth Creek School area, and this area
should be entitled to the same amount.
Adopted City Council Minutes
Regular Meeting of January 18, 2000
Page 2 of 13
Beth Almquist, 465 Upland Lane, stated there are quite a few children who reside in this area.
She informed the Council that the children do not have the option of walking on the east side of
Vicksburg Lane if there is a lot of snow.
Jennifer Haefner, 16400 0 Avenue North, stated she witnessed a minor accident that occurred
this morning in the bike lane. She stated no one should be driving in the bike lanes. She also
requested the crosswalk law be enforced. She asked if tickets have been written for violators of
the crosswalk law.
Mayor Tierney reminded the speakers that Public Safety Director Gerdes is aware of this
situation. She also stated drivers would be ticketed if they do not stop at the crosswalks.
Public Safety Director Gerdes stated today members of staff met with the school district, and
they are reviewing a number of solutions. A report would be forwarded to the Council.
Councilmember Johnson requested the report also contain the number of tickets that have been
issued for crosswalk violators.
Presentations and Public Information Announcements
4.1) Oath of Office to Eight Police Officers
City Clerk Paulson administered the oath of office to eight new police officers (Tony Holte,
Steve Dahlson, Kevin Wilson, Angela Haseman, Troy TerMeer, Jim Franklin, David Randall,
and Daniel Koering) as well as some existing officers who chose to reaffirm their oaths of office.
4.2) Proclaim February as "We Care About Kids Month"
Councilmember Brown, who is Co -Chair of Community Ahead, requested Mayor Tierney to
proclaim February as "We Care About Kids Month." He reported this is the second year for this
event which is sponsored by School District 281, Northwest YMCA, and this event promotes the
celebration of families and youth.
Mayor Tierney read the proclamation and proclaimed February as "We Care About Kids
Month." She commented this event was a result of the youth asset building sessions.
Councilmember Johnson informed the community about the Communities in Collaboration
Event on February 12`b from 8:30 a.m.-11:30 a.m. at the Wayzata Middle School.
d4.3) Proclaim Fchrivary 2 a «r .,, ,,„ t,,,, rha(Ioiv Pi,N
Adopted City Council Minutes
Regular Meeting of January 18, 2000
Page 3 of 13
Councilmember Johnson reported on "Groundhog Job Shadow Day," and she stated this event is
also a product of the youth asset building sessions. She stated the Youth Advisory Council has
indicated they would like to participate in this event which is to shadow City employees on
February 2nd
Mayor Tierney read the proclamation and proclaimed February 2nd as "Groundhog Job Shadow
Day."
4.4) Acceptance of Donation for Millennium Garden
Park and Recreation Director Blank reported staff is preparing a fundraising plan to raise
100,000 or more for the Millennium Garden. It is hoped that the plan would be ready to
implement in the next 30 days.
He introduced Marry Gertz, representing the Senior Council, and Roger Lillemo, representing
the Minnetonka Rotary Club. He stated they would like to present the City with donations for
the Millennium Garden.
Ms. Gertz presented to the Mayor, on behalf of the Senior Council, a donation in the amount of
500. In addition, she also presented a donation from the Plymouth Handicrafters in the amount
of $1,000. She also stated that the senior citizens are very excited about this project and are
actively planning fundraisers.
Mr. Lillemo presented to the Mayor, on behalf of the Minnetonka Rotary Club, a donation in the
amount of $500. He briefly highlighted for the Council some of their events and activities that
they sponsor in the community throughout the year.
Approval of Agenda
Councilmember Johnson requested to add a report on the conference she attended today, which
was entitled "Shutting off the Tap to Teens Conference" under Reports and Recommendations as
item No. 9.3. Mayor Tierney requested an update on the legislative agenda items be added under
Reports and Recommendations as item No. 9.4.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Brown, to
approve the amended agenda. With all members voting in favor, the motion carried.
Adopted City Council Minutes
Regular Meeting of January 18, 2000
Page 4 of 13
Consent Agenda
Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the
Consent Agenda.
Motion was made by Councilmember Harstad, 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 ofJanuary 4, 2000).
6.02: Resolution Approving Disbursements for the Period Ending January 7, 2000 (Res2000-
036).
6.03: Resolution Approving 2000 Membership Dues for Association of Metropolitan
Municipalities (AMM) (Res2000-037).
6.04: Resolution Approving Settlement of Labor Contract with Law Enforcement Labor
Services (Police Officer's Labor Contract - Res2000-038).
6.05: Resolution Approving Final Plat for Janco, Inc. for "Forster Preserve Plat 4" for Property
Located South of Rockford Road and West of Deerwood Lane (99093-F — Res2000-039).
6.06: Resolution Accepting the Recommendation of the Plymouth Youth Advisory Council and
Authorize Application to Become a "Community of Promise" (Res2000-040).
6.07.1: Resolution Reducing Required Financial Guarantee for Westbranch Addition FKA
Plymouth Creek Heights Addition (92115 - Res2000-041).
6.07.2: Resolution Reducing Required Financial Guarantee for Shores of Kraetz Lake Addition
94135 - Res2000-042).
6.07.3: Resolution Reducing Required Financial Guarantee for Cornerstone Commons Addition
98094 - Res2000-043).
6.08: Resolution Ordering Public Hearing on the Vacation of Part of Lawndale Lane Street
Right -of -Way within Cornerstone Commons (Res2000-044).
6.09: Resolution Approving Agreement for Sprint Spectrum L.P. Water ToNver Antenna
Res2000-045).
Adopted City Council Minutes
Regular Meeting of January 18, 2000
Page 5 of 13
6.10: Resolution Authorizing the City Manager and Public Safety Director to Enter into a Joint
Powers Agreement with the State of Minnesota (Res2000-046).
6.11: Resolution Authorizing the City Manager to Accept the Juvenile Accountability Incentive
Block Grant Funding and Enter into a Multijurisdictional Partnership with the Criminal Justice
Coordinating Committee for the Shocap Project (Res2000-047).
6.12: Resolution Authorizing the Public Safety Director to Enter into a Contract with the
University of Minnesota for Canada Goose Population Management (Res2000-048).
6.13.1: Resolution Approving Kennel License for Anne Sassen, DVM d/b/a Cats Preferred
Veterinary Hospital, for 2000 (Res2000-049).
6.13.2: Resolution Approving Kennel License for Kathy Lovaas, DVM and Serina Hillerson,
DVM d/b/a TLC Cat Clinic, for 2000 (Res2000-050).
6.14: Resolution Awarding Bid for Closed Circuit Television (CCTV) and Related Equipment
for Activity Center (Res2000-051).
6.15: Resolution Approving On -Sale and Sunday Intoxicating Liquor, Off -Sale Intoxicating
Liquor, and Wine Licenses (Res2000-052).
6.16: Accept Human Rights Commission's 1999 Annual Report and 2000 Work Plan.
6.17: Approval of 2000 Landscaping Projects.
6.18: Resolution Authorizing the Mayor to Sign the Certificate of Exemption from the Wetland
Conservation Act for Forster Preserve Plan 4 (99093), West of Zachary Lane and South of
County Road 9 (Res2000-053).
6.19: Adopt Findings of Fact for Pizza Hut No. 426032, 1415 County Road 101 (Attachment
A), and Rainbow Foods, 10200 6t' Avenue North (Attachment B).
6.20: Resolution Approving Free Walking Pass Program for City Volunteers (Res2000-054).
With all members voting in favor, the motion carried.
Adopted City Council Minutes
Regular Meeting of January 18, 2000
Page 6 of 13
Public Hearings
There were no scheduled public hearings.
General Business
8.1) Consideration of Removal of Speed Hump on South Shore Drive
Public Works Director Moore stated this item, consideration to remove the speed hump on South
Shore Drive that is located approximately midway between 100i Avenue and the City of
Medicine Lake, was referred to staff at the December 7, 1999 Council meeting by request of
Councilmember Harstad. He stated residents were notified that this item was to be discussed this
evening in order to receive their input.
He explained in 1996 the Council directed the installation of four speed humps on the east/west
portion of South Shore Drive between the City of Medicine Lake and 130i Avenue, and one
speed hump on the north/south portion of South Shore Drive between 100i Avenue and the City
of Medicine Lake. The City also requested that the City of Medicine Lake install an additional
speed hump on the north/south portion of South Shore Drive, and an "all -way" stop at the
intersection of South Shore Drive and Peninsula Road. The City of Medicine Lake approved the
all -way" stop installation, but did not approve the installation of the additional speed hump.
He explained the installation of these speed humps was authorized after City residents presented
concerns to the Council on safety and speeding on South Shore Drive. Before the installation of
the speed humps, the 850i percentile speed was documented at 37.4 m.p.h. After the installation
of the speed humps in 1996, it was 28 m.p.h. which is below the 30 m.p.h. posted speed limit.
The installation of the speed hump on the north/south portion of South Shore Drive, which
Councilmember Harstad is requesting for consideration for removal, was to reduce speeds at the
marked crosswalk on South Shore Drive at 110i Avenue. He stated there is a large apartment
complex on the west side of South Shore Drive that has many children accessing the city
neighborhood park on the east side of South Shore Drive.
He informed the Council that since the December 7, 1999 Council meeting, staff was able to
obtain new speed counts at the speed hump. He stated the 850i percentile speed was documented
at 29.8 m.p.h. at the warning sign north of the speed hump, 18.8 m.p.h. at the speed hump, and
29.4 m.p.h. at the warning sign south of the speed hump. The warning signs indicate a safe
speed of 20 m.p.h. over the speed hump.
He indicated that during the discussion that occurred in 1996, safety N, as the majer conccrn. Part
of this safety concerned pedestrians along the roadway since there was no trail in this area. Since
Adopted City Council Minutes
Regular Meeting of January 18, 2000
Page 7 of 13
1996, Hennepin Regional Parks has completed the trail from West Medicine Lake Drive
westerly. The City, in conjunction with Hennepin Parks, has completed the trail from 13t'
Avenue easterly into Golden Valley. Recently, Hennepin Parks has awarded a contract that
would complete the trail segment between West Medicine Lake Drive and 13'' Avenue. The
trail would be constructed parallel with and adjacent to the existing railroad. Construction
should be completed next summer.
He stated if the Council takes no action this evening, the speed hump would remain in place.
Councilmember Brown asked if there have been any incidents reported in this area. Public
Safety Director Gerdes stated there have been no citations issued since the installation of the
speed humps. However, he is unsure of the number of traffic violations.
Councilmember Harstad asked how the 300', which was before and after the speed hump,
determined for the traffic study. Public Works Director Moore replied because the warning signs
are located there.
Councilmember Harstad asked if there was a traffic study conducted near the park. Public
Works Director Moore replied no.
Councilmember Harstad asked in order to be more effective, shouldn't the speed hump be
located within or adjacent to the park. Public Works Director Moore stated that wouldn't be
effective as there is a crosswalk located to the north of the park to access the park.
Bill Leonard, 200 Peninsula Road, Medicine Lake, stated he is a Councilmember for the City of
Medicine Lake, and he was involved in the discussions and action taken in 1996. He stated
initially, there was a safety concern because of the speed of the traffic. However, since that time,
the current traffic count is 1,500 cars per day which is half of the earlier projections. In addition,
another important factor in the construction of the speed hump was the proximity of the Flying
Tiger (liquor establishment), which is no longer there. He stated the majority of the people seem
to be following the speed limits. He stated the City of Medicine Lake agreed to install a series of
speed humps along South Shore Drive. This one particular speed hump causes a number of
problems since it is located by itself. It is very difficult for emergency vehicles as they really
need to reduce their speed or they would damage the vehicles.
He further stated a fair amount of their city residents are concerned about this speed hump as it is
very easy to lose control of your vehicle, and there have been some health problems associated
with people hitting the speed hump. In addition, if a person is trying to transport items Nvith a
trailer, it is very difficult. Residents feel that the four speed hump, ai.d tluee _stop s1"1 along
Adopted City Council Minutes
Regular Meeting of January 18, 2000
Page 8 of 13
Tom Schrader, 10 Kaiser Avenue, Medicine Lake, Mayor of Medicine Lake, reiterated the
Flying Tiger is no longer located there, and there is nothing but vacant fields from the railroad
tracks. He stated there are crosswalks for the children, and the law is to stop for pedestrians in
the crosswalks. He suggested if there are children in the crosswalk, perhaps there could be a
lower speed limit in the area approaching the crosswalk. Lastly, he stated if the speed hump
were to be removed, the City would educate their community so there wouldn't be any problems.
Mayor Tierney asked Mr. Schrader if the Medicine Lake City Council has discussed the use of
stop signs at the railroad crossing and/or a crosswalk for access to the Luce Line. Mr. Schrader
replied their council has not discussed this yet as it has not been an issue.
Bruce Larson, 263 % Peninsula Road, illustrated two photographs depicting the location and
condition of the speed hump. He stated he is opposed to the speed hump because:
1. It is a bad idea to control speed. The road surface should be smooth and compatible for
automobiles.
2. It is not safe to cross this speed hump at 20 m.p.h.
3. In relationship to the apartment complex, children, and park, perhaps there should be some
speed control device near the apartments and/or park where the children cross the street.
Councilmember Johnson asked about the location of the Luce Line trail. Public Works Director
Moore stated the trail would be located along the north side of the railroad tracks.
Jackie Jones, 10805 South Shore Drive, stated she resides across the street from the former
liquor establishment, and there is a lot of deer and wildlife in this area. She stated she is very
concerned about the safety of the animals; therefore, she supports the speed hump at its current
location. In addition, in the summertime there are volleyball tournaments conducted at the
Country House (liquor establishment) that generates a lot of traffic in the area.
Councilmember Harstad reiterated that in this area there are four speed humps, three stop signs,
and the railroad tracks. He stated he favors the option of a stop sign at the railroad tracks in
anticipation of future bike trail traffic.
Councilmember Brown stated there is still the Country House located on one side of this
roadway as well as an apartment complex, playground, and children. The speed hump has
definitely worked. The solution is for motorists to slow down. He stated he believes this is a
small price to pay to keep children safe.
I iniprov—,
Adopted City Council Minutes
Regular Meeting of January 18, 2000
Page 9 of 13
Public Works Director Moore stated regarding the trail issue, the Hennepin Regional Parks
would be constructing the Luce Line trail. At the present time, the City has no trail plan for its
section along South Shore Drive. Staff is reviewing signage at crosswalks, speed humps, and
enforcement.
Councilmember Harstad asked if it would be possible for a marked bike path to be located along
the side of the road with a posted 25 m.p.h. speed limit. Public Works Director Moore stated that
would be impossible as the bike path would go too far into the roadway.
Councilmember Bildsoe stated he agrees with Councilmember Brown. He stated at this time, he
would not favor removing the speed hump. However, he feels there would be merit in installing
a stop sign at the crossing of the Luce Line trail after it is connected. He stated he would not
support a bike trail in the road as that would be very dangerous.
Councilmember Johnson stated she agrees with Councilmember Bildsoe. She stated she would
never support striping the roadway for a bike lane. She reiterated there is still an alcohol
establishment located in this area. She stated she would support the installation of a stop sign at
the crossing of the Luce Line trail.
Mayor Tierney stated the citizens who reside off the lake like the speed humps. However, she
suggested if speed humps aren't proposed for other parts of the City, she would favor removing
the speed hump, utilize strict enforcement of the crosswalk, and install stop signs at the railroad
crossing due to the location of the Country House.
Councilmember Bildsoe added that the Council did approve a speed hump policy in 1999. If the
City expands the enforcement of traffic on this road, the City should request Hennepin County to
share in the cost.
Motion made by Mayor Tierney, and seconded by Councilmember Harstad, to remove the speed
hump, utilize a joint effort with City of Medicine Lake to install stop signs on both sides of the
railroad, install stop signs at the future Luce Line crossing, fully mark and fully enforce the
crosswalks along the roadway, and request Hennepin County to assist on the enforcement of
traffic laws.
Councilmember Slavik stated the enforcement of the crosswalk law is a problem throughout the
City. She stated she does not support removing the speed hump as she is concerned about safety
in the area.
Adopted City Council Minutes
Regular Meeting of January 18, 2000
Page 10 of 13
Mayor Tierney asked Director of Public Safety Gerdes about enforcement of crosswalks. Public
Safety Director Gerdes stated the Police Department strictly enforces all traffic laws, including
the crosswalk law, in the City. Additional emphasis is placed on those special tasks/areas as
directed by the Council.
Councilmember Brown stated he doesn't prefer speed humps either. However, he has not heard
of a better solution this evening than the speed hump.
Councilmember Harstad reminded the Council that the traffic is being slowed in a 600' area of a
half -mile long area. The speed in front of the park is very close to 30 m.p.h. The measurement
of speed was only conducted on an area contiguous to the speed hump.
Councilmember Johnson asked if this evening's meeting is the official public information
meeting as was indicated in the December 7, 1999 minutes, and how many days notice did the
residents receive of this meeting. Public Works Director Moore stated the residents received
about a four-day notice, and this is the public information meeting as mentioned in the minutes.
Councilmember Johnson commented the residents should've received more advance notice as
most of the comments that she has received were placed at her desk this evening. She was also
under the impression that there was going to be a neighborhood meeting conducted first.
Councilmember Bildsoe asked Councilmember Brown if he would support the removal of the
speed hump with a stop sign at the crossing of the Luce Line. Councilmember Brown stated he
would not support that.
Councilmember Johnson asked the Council if they would support the removal of the speed
hump, with stop signs being installed at the crossing of the Luce Line Trail and a stop sign on the
south bound side of the road before the City limits of Plymouth. Public Works Director Moore
stated it would be impossible to install a stop sign before the City limits as there is no street
intersection located there.
Motion was made by Councilmember Johnson, and seconded by Councilmember Harstad, to
amend the main motion to remove the speed hump with the condition of installing stop signs by
agreement between the City and Medicine Lake. With all members voting in favor of the
amendment, the motion carried.
The Council voted on the amended main motion. With all members voting against the motion
but Tierney and Harstad, the motion failed.
back to the Council.
Adopted City Council Minutes
Regular Meeting of January 18, 2000
Page 11 of 13
Mayor Schroeder stated the City of Medicine Lake would be open to any discussion with the
City of Plymouth on any solutions for this roadway.
Reports and Recommendations
9.1) Appoint Individuals to Fill Vacancies on City Advisory Boards and Commissions and
Other Agencies
Mayor Tierney stated interviews were conducted on January 11th, and staff has prepared the
appointment list as requested by the Council.
Councilmember Harstad clarified that Mike Stulberg's term on the Planning Commission should
expire in 2001.
Councilmember Harstad stated there was a misunderstanding on the attendance of Daniel Freese
who serves on the Public Safety Advisory Board. Therefore, he requested Mr. Freese continue
serving on this committee, and Harold Nelson, who was to replace Mr. Freese, be appointed as
an alternate. This would allow the flexibility that if a voting member couldn't attend a meeting,
Mr. Nelson could attend in their place.
Councilmember Johnson agreed with Councilmember Harstad. She asked if there needs to more
formal action (i.e. Ordinance, Resolution) to implement this change. City Manager Johnson
stated he is unsure; however, staff would provide a report back to the Council.
Assistant City Manager Ahrens read the list of appointments with the above recommended
amendments.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to
adopt an amended Resolution Appointing Individuals to Fill Vacant Terms on Various Boards
and Commissions (Res2000-055). The effective date of the appointments would be February 1,
2000. With all members voting in favor, the motion carried.
9.2) Consideration of Request for Travel Funds for Youth Advisory Council
Councilmember Johnson reported the National League of Cities Conference would be conducted
in March, and youth have been invited to attend. The registration fees would be waived for
students. This was discussed at a Youth Advisory Council meeting, and there is interest hy the
outh toattoiid +l,lo "IMC -1,- 1
Adopted City Council Minutes
Regular Meeting of January 18, 2000
Page 12 of 13
Councilmember Bildsoe asked City Manager Johnson what the policy is for board and
commission members. City Manager Johnson replied travel by board and commission members
must be approved by him. He stated in the last six years no board or commission member has
attended a conference not located in the local metro area. He stated staff does not budget for this
expenditure, and the costs would be allocated from the contingency fund upon Council approval.
Councilmember Bildsoe stated he would support funding the costs of one individual attending.
Councilmember Brown stated this is a wonderful opportunity for the youth to meet and work
with other youth. He stated he would prefer to pay a smaller portion and send two youth to the
conference.
The Council discussed allocating a specific amount, and the Youth Advisory Council could
determine how many individuals would attend based on that amount.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Brown, to
allocate $1,500 to the Youth Advisory Council for travel purposes at the National League of
Cities Conference. With all eligible members voting in favor, the motion carried.
9.3) Councilmember Johnson discussed the "Turning Off the Tap to Teens" conference which
she attended today. She explained this was the third annual, one -day seminar that focuses on
how youth, communities, and school officials can try to keep the source of alcohol away from
youth. She stated she would include her handouts which she received at the conference in the
next Council Information Memorandum.
Councilmember Slavik stated she has received many telephone calls from residents who support
recent Council action in respect to alcohol compliance checks. She stated she would be
interested in knowing how many minors in the City of Plymouth have received DWI's.
Councilmember Johnson stated she was informed at the conference that administrative penalties
could be imposed upon the store clerks making the violations. She stated there are tools other
cities are utilizing which the City could review.
Mayor Tierney stated recently she and City Manager Johnson went to the Wayzata Bar and Grill
to look at a machine that assists servers with compliance checks.
Adopted City Council Minutes
Regular Meeting of January 18, 2000
Page 13 of 13
Councilmember Johnson stated the State is considering issuing a vertical type license for
underage individuals rather than the current horizontal design in order to assist in distinguishing
whether individuals are underage.
9.4) Mayor Tierney requested Councilmembers convey to Assistant City Manager Ahrens their
requested legislative agenda items.
Adjournment
Motion was made by Councilmember Harstad, and seconded by Councilmember Slavik, to
adjourn the meeting at 9:26 p.m. With all members voting in favor, the motion carried.
4
Sandra R. Paulson, City Clerk
ATTACFWNT A)
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
IN RE:
City of Plymouth Liquor FINDINGS OF FACT
Licensing Complaint Against AND DECISION_
Pizza Hut
On January 4, 2000, the Plymouth City Council met at its regularly scheduled
meeting to consider adopting civil sanctions for a liquor license violation which resulted
from a compliance check done in 1999. The liquor license holder was present and the
City Council heard testimony from all interested persons wishing to speak at the meeting.
FINDINGS OF FACT
1. Pizza Hut is the holder of an on -sale 3.2 malt liquor license issued pursuant
to Plymouth City Code Section 1206.
2. Pizza Hut is located at 1415 Highway 101 in the City of Plymouth.
3. On July 20, 1999, Pizza Hut employee, a Juvenile Female, DOB: 1/31/83
sold a bottle of Budweiser Lite beer to a person who was under twenty-one years of age.
The Juvenile Female, DOB: 1/31/83 did ask to see identification. The underage person
produced a valid Minnesota driver's license showing that he was under twenty-one years
of age. The Juvenile Female, DOB: 1/31/83 then continued with the sale of the bottle of
Budweiser Lite beer.
4. The Juvenile Female's sale of beer to an underage person was in violation
of Minnesota Statute § 340A.503, Subd. 2(1).
83865
5. The circumstances of this sale are further aggravated because Pizza Hut
allowed a juvenile to serve alcohol to an underage person.
6. Copies of the Plymouth Police Department reports regarding this incident
are incorporated into these Findings by reference.
7. The Juvenile Female, age 16, DOB: 1/31/83 has been referred to Juvenile
Criminal Court and the case is pending.
8. On December 23, 1999, Pizza Hut was notified in compliance with law of
the above violation, and informed that an administrative hearing would be held before the
City Council on January 4, 2000.
9. The Notice informed Pizza Hut that civil sanctions would be considered as
a result of the violation.
10. Pizza Hut received the Notice and its representative(s) attended the January
4, 2000 City Council meeting. The representative admitted at the hearing that the
violation occurred.
11. Section 5 above is an aggravating circumstance that warrants that there are
separate civil sanctions imposed for allowing a juvenile to sell alcohol.
DECISION
1. Pizza Hut's on -sale 3.2 malt liquor license is suspended for fifty-five (55)
consecutive days, to be determined at the discretion of the City.
83865
2. Thirty (30) days of the license suspension are hereby stayed for one year
2-
from the date these Findings are adopted, upon condition of no violation of State law or
City ordinance involving sale, consumption or display of alcoholic beverages. If a
violation occurs, the stay shall be revoked immediately, if ordered by the City Council
after a hearing. The hearing on the revocation of the stay may proceed before final
disposition of the criminal case on the new violation.
3. Pizza Hut shall pay a civil sanction to the City in the amount of Two
Thousand and No/100 Dollars ($2,000.00) by February 18, 2000.
4. The civil sanction imposed herein constitutes Pizza Hut's first violation and
first appearance before the City Council, pursuant to City Code Section 1206.22.
83865
Adopted by the Plymouth City Council on January 18, 2000.
3-
ATTAMMEENT B)
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
IN RE:
City of Plymouth Liquor FINDINGS OF FACT
Licensing Complaint Against AND DECISION_
Fleming Companies, Inc.
d/b/a Rainbow Foods #51
On January 4, 2000, the Plymouth City Council met at its regularly scheduled
meeting to consider adopting civil sanctions for a liquor license violation which resulted
from a compliance check done in 1999. The liquor license holder was present and the
City Council heard testimony from all interested persons wishing to speak at the meeting.
FINDINGS OF FACT
1. Fleming Companies, Inc. d/b/a Rainbow Foods #51 ("Rainbow #51 ") is the
holder of an off -sale 3.2 malt liquor license issued pursuant to Plymouth City Code
Section 1206.
2. Rainbow #51 is located at 10200 — 6t' Avenue North in the City of
Plymouth.
3. On July 14, 1999, Rainbow #51 employee Donelda Eve Orellana sold a 12 -
pack of Miller Lite Beer to a person who was under twenty-one years of age. Donelda
Eve Orellana did not ask to see identification, nor did he/she ask the date of birth of the
underage person. Donelda Eve Orellana then continued with the sale of the 12 -pack of
Miller Lite Beer.
83861
4. Donelda Eve Orellana's sale of beer to an underage person was in violation
of Minnesota Statute § 340A.503, Subd. 2(1).
5. Copies of the Plymouth Police Department reports regarding this incident
are incorporated into these Findings by reference.
6. On or about October 14, 1999, Donelda Eve Orellana pleaded guilty to
selling alcoholic beverages to an underage person in violation of Minnesota Statute
340A.503, Subd. 2(1).
7. On December 23, 1999, Rainbow #51 was notified in compliance with law
of the above violation, and informed that an administrative hearing would be held before
the City Council on January 4, 2000.
8. The Notice informed Rainbow #51 that civil sanctions would be considered
as a result of the violation.
9. Rainbow #51 received the Notice and its representative(s) attended the
January 4, 2000 City Council meeting. The representative admitted at the hearing that
the violation occurred.
10. This is Rainbow's second violation for selling alcoholic beverages to an
underage person. The first violation occurred on July 30, 1998, and the City Council
imposed a civil sanction for that violation on February 16, 1999.
11. Since the City took action on the first violation, Rainbow has voluntarily
undertaken steps to prevent illegal sales from occurring in the future.
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12. Section 11 above constitute mitigating circumstances that warrant that part
of the civil sanctions for the second violation be stayed.
DECISION
1. Rainbow #51's off -sale 3.2 malt liquor license is suspended for twenty (20)
consecutive days, to be determined at the discretion of the City.
2. Ten (10) days of the license suspension are hereby stayed for one year from
the date these Findings are adopted, upon condition of no violation of State law or City
ordinance involving sale, consumption or display of alcoholic beverages. If a violation
occurs, the stay shall be revoked immediately, if ordered by the City Council after a
hearing. The hearing on the revocation of the stay may proceed before final disposition
of the criminal case on the new violation.
3. Rainbow #51 shall pay a civil sanction to the City in the amount of One
Thousand Five Hundred and No/100 Dollars ($1,500.00) by February 18, 2000.
4. The civil sanction imposed herein constitutes Rainbow #51's second
violation and second appearance before the City Council, pursuant to City Code Section
1206.22.
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Adopted by the Plymouth City Council on January 18, 2000.
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