HomeMy WebLinkAboutCity Council Minutes 09-26-2000Adopted Minutes
Regular Council Meeting
September 26, 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 September 26,
2000.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Black, Bildsoe, Slavik,
Johnson, and Harstad.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Public Safety
Director Gerdes, City Engineer Faulkner, Park and Recreation Director Blank, Finance Director
Hahn, Community Development Director Hurlburt, Public Works Director Moore, City Attorney
Knutson, and City Clerk Paulson.
Plymouth Forum
Jerry Unger, 10607 57`h Place North, who is president of Harrison Townowners Association,
presented a petition to the Council requesting that a street light be installed at the intersection of
Trenton Lane and Bass Lake Road. He stated this intersection is extremely dark and difficult to
see in the evening, and it's very dangerous because of the 50 mph speed limit on Bass Lake
Road. He explained that recently, an emergency vehicle missed turning at the intersection due to
it not being lit very well.
Public Works Director Moore stated staff has communicated the City's street lighting policy to
the homeowners association, and the cost of the light would be at the homeowners' expense.
Mr. Unger stated the developer should've installed and paid for the light. Therefore, he is
contesting the policy of requiring the homeowners to pay for the light.
The Council directed staff to provide a report to the Council for the October 10 Council meeting.
Gary Bohn, 2486 Hemlock Lane North, stated when they moved to the City two years ago, they
demolished an existing cabin on Medicine Lake and built a new home. He stressed the need for
a vision for the area west of Highway 55. He stated many of the problems in this area are due to
the irregular shaped lots, width of the roadway (some of the street widths are 18'-20' wide) and
people are hesitant to build due to what they see in the area. He stated this area would not
change unless the City decides to redevelop this area. He also requested the City to enforce the
refuse ordinance and redeveloping the area. He offered his assistance to the Council in trying to
redevelop this area.
Adopted City Council Minutes
Regular Meeting of September 26, 2000
Page 2 of 15
Mayor Tierney stated the Council realizes this area is in transition, but she suggested staff and
the Housing and Redevelopment Authority review this request.
Councilmember Brown Brad thanked Mr. Bohn for presenting this request. He would discuss
his request with Community Development Director Hurlburt and the City's Housing and
Redevelopment Authority and report back to the Council.
Councilmember Johnson suggested that since Mr. Bohn has an interest in redevelopment, he
should make application for the City's HRA.
Patrick Hartung, 14500 34' Avenue North, stated is a 16 -year resident. He volunteers at the
Maple Grove Fire Department. He requested that a Fire Explorer Post be started in Plymouth.
He provided a brochure to the Council, and he stated there is a lot of interest in starting a
program in the City.
The Council stated that Mr. Hartung's request would be presented to the Youth Advisory
Council and the Public Safety Advisory Board.
Bill Deziel, from the Hollydale Golf Course, stated regarding the Holly Lane project, he would
support the proposed realignment of Holly Lane up to their golf course and a 28 -foot wide road.
Presentations and Public Information Announcements
4.1) Presentation of "Savvy Award" for Plymouth News
Communications Supervisor LaFave reported the City's newsletter received a communication's
award entitled, the "Savvy Award." She explained there were over 700 entries in various
categories, and the City received the top honor in external communication in the 60,000-
120,000 -population category. She thanked the Council for their support to the City's
communication program.
The Council thanked Communication Supervisor LaFave and her staff for all their hard work
with the City's newsletter as well as all their communication efforts on behalf of the City.
4.2) Announcement of the "Chocolate Sampler" and Plymouth on Parade
Recreation Supervisor Greupner highlighted the Council on the Chocolate Sampler on October 5
and the Plymouth on Parade on October 7.
Adopted City Council Minutes
Regular Meeting of September 26, 2000
Page 3 of 15
Approval of Agenda
City Manager Johnson requested the Council table item No's. 6.08 and 7.1.
Mayor Tierney added a report on the Mayor's Housing Task Force as item No. 9.1 under Reports
and Recommendations.
Councilmember Johnson requested to remove item No. 8.5 under General Business and act on
this item after approval of the Consent Agenda.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to
approve the amended agenda.
There being no discussion and 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.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to
approve the Consent Agenda which included the following items:
6.01) Approve Special City Council Meeting minutes of August 31, 2000.
6.02) Resolution Approving Disbursements for the Period ending September 15, 2000
Res2000-451).
6.03) Resolution Approving 2000 Pavement Management Update Report (9912 — Res2000-
452), and a Resolution Ordering Preliminary Engineering Report for 2001 Street Reconstruction
Project (1001— Res2000-453).
6.04) Resolution Accepting Donation of Art Work (Res2000-454).
6.05) Resolution Approving Front Yard Setback Variance for a Detached Garage for Bruce and
Barbara Dow on Property located at 5140 Zachary Lane North (20122 — Res2000-455).
6.06) Resolution Approving a Setback Variance for John and Tammy Ward for Property
located at 12435 50th Avenue North (20130 — Res2000-456).
Adopted City Council Minutes
Regular Meeting of September 26, 2000
Page 4 of 15
6.07) Resolution Approving a Preliminary Plat for Parkers Lake Limited Partnership for
Property located west of Juneau Lane and north of 14th Avenue (20078 — Res2000-457).
6.08) (This item was tabled to October 10).
6.09) Adoption of Findings of Fact for Administrative Civil Penalties resulting from alcohol
compliance check violation for TGI Friday's of Minnesota, Inc. d/b/a Italianni's.
6.10) Resolution Reducing Required Financial Guarantee for Savannah Addition (93112 —
Res2000-458), Resolution Reducing Required Financial Guarantee for Savannah 2nd Addition
95021— Res2000-459), and a Resolution Reducing Required Financial Guarantee for Holly
Creek Village Addition (97011 — Res2000-460).
6.11) Resolution Approving Agreement with Nextel West Corp. for County Road 101 Water
Tower Antenna (Res2000-461).
6.12) Resolution Approving Agreement with the Canadian Pacific Railroad for the
Construction of Cheshire Lane (9006 — Res2000-462).
6.13) Resolution Awarding Bid for Vicksburg Lane Improvements (9919 — Res2000-463).
6.14) Resolution Approving Water Resources Management Plan Implementation Watershed
Hydrologic and Hydraulic (H & H) Study for the 2020 Urban Expansion Area (9926 — Res2000-
464).
6.15) Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed
Assessment for 2000 Removal and Destruction of Diseased Trees, Roll 1 (Res2000-465) and a
Resolution for Public Hearing on Proposed Assessment for 2000 Removal and Destruction of
Diseased Trees, Roll 1 (Res2000-466).
6.16) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for 2000 Weed Eradication and Destruction, Roll 1 (Res2000-467), and a Resolution
for Public Hearing on Proposed Assessment for 200 Weed Eradication and Destruction, Roll 1
Res2000-468).
6.17) Resolution Approving the Installation of Stop Signs at Hemlock Lane and 23`d Avenue
Res2000-469) and a Resolution Authorizing "No Parking" on 23`d Avenue from West Medicine
Lake Drive to Hemlock (Res2000-470).
6.18) Resolution Approving Conveyance of Easement to Hennepin County for Northwest
Boulevard (County Road 61) (8544 & 9004 — Res2000-471).
Adopted City Council Minutes
Regular Meeting of September 26, 2000
Page 5 of 15
With all members voting in favor, the motion carried.
8.5) Appoint Members to Youth Advisory Council and Human Rights Commission
Assistant City Manager Ahrens reported on the recommended youth appointments to the Youth
Advisory Council and the Human Rights Commission. All youth applicants were interviewed by
the Council during the special meeting preceding this regular meeting.
Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to adopt a
Resolution Confirming the Appointments (Res2000-478).
Councilmember Johnson thanked all the youth who interviewed this evening, and she stated she
would be abstaining from voting due to her son serving on the Youth Advisory Council.
Councilmember Harstad stated he would also be abstaining from voting, as he was unable to
participate in the interview process.
The motion carried to adopt the Resolution.
Public Hearings
7.1) On-Sale/Sunday Intoxicating Liquor License for LeCarnassier LLC. D/b/a Red
Robin America's Gourmet Burgers and Spirits
This item was tabled.
7.2) Approval of Issuance of up to $3,000,000 of Tax -Exempt Bonds for Daily Printing,
Inc.
Community Development Director Hurlburt reported on the request to adopt a Resolution
authorizing the sale and issuance of $2,840,000 in tax exempt industrial development revenue
bonds for Daily Printing, Inc. for the purchase of equipment for its existing commercial printing
facility located at 2333 Niagara Lane. She stated the project would create 15 new jobs at average
wages in excess of $15 per hour. She explained an application was made to the Minnesota
Department of Finance following the Council's preliminary approval on June 12, and an
allocation of bonding authority for tax exempt financing was approved in the amount of
2,840,000. She stressed that approval of the tax exempt bond issue would not be an obligation
of the City and would be payable solely by Daily Printing, Inc. Daily Printing would pay or
reimburse the City for all costs incurred in the financing and would indemnify the City against
any future cost or expense that might arise. The City has required a $1,000 application fee and
Adopted City Council Minutes
Regular Meeting of September 26, 2000
Page 6 of 15
would be charging 1/8 percent up front to cover administration costs over the life of the bond
issue.
Mayor Tierney opened the public hearing for testimony.
There being no one wishing to appear before the Council, Mayor Tierney declared the public
hearing closed.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Brown, to adopt
a Resolution Authorizing the Sale and Issuance of Industrial Development Revenue Bonds under
the Municipal Industrial Development Act and Approving and Authorizing the Execution of
Documents (Res2000-472). With all members voting in favor, the motion carried.
7.3) Approval of Proposed Tax Rate Increase pursuant to Minnesota Statutes 275.078 for
the Taxes to be Levied in 2000, Collectible in 2001
Finance Director Hahn explained in 1999, the legislature passed legislation that requires cities to
conduct a public hearing and adopt a Resolution if their tax rate would increase based upon a
formula that utilizes the same tax base for both years. This formula does not allow for growth or
inflation, and the tax rate is referred to as the "Levy Certification Tax Rate." He stated the City
had actual new growth of 3.05% for the 2001 base. If the formula for "Levy Certification Tax
Rate" had allowed for this growth, the City's 2001 levy would have been within those
guidelines, and no public hearing would be necessary.
Mayor Tierney opened the public hearing for testimony.
There being no one wishing to appear before the Council, Mayor Tierney declared the public
hearing closed.
Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to
adopt a Resolution Authorizing a Tax Rate Increase for the 2000 Tax Levy, Collectible in 2001
pursuant to Minnesota Statutes 275.078 (Res2000-473). With all members voting in favor, the
motion carried.
General Business
8.1) Consideration of Speed Hump Request on Niagara Lane from Gleason Lake Drive to
9th Avenue
Adopted City Council Minutes
Regular Meeting of September 26, 2000
Page 7 of 15
Public Works Director Moore reported on the petition request to install speed humps on Niagara
Lane from Gleason Lake Drive to 9t' Avenue. He stated staff conducted speed/volume counts on
Niagara Lane with the results indicating excessive speeds and the required volume on Niagara
Lane, which meet the criteria for consideration of a speed hump installation, i.e., the 50% speed
as 33.2 mph (must exceed 30 mph), 30.8% exceeded 35 mph (must exceed 30%), and the
average annual daily traffic volume is 1,360 (must be less than 1,500). A valid petition was
submitted with 40 of 42 affected property owners signing the petition. He noted that Niagara
Lane is designated a minor collector street. He stated staff is proposing that four speed humps be
installed approximately 500 feet apart. The locations of these speed humps were marked after a
notification letter of this meeting was sent to the entire affected neighborhood.
Councilmember Slavik stated the resident at 639 Niagara Lane has requested that the speed
hump not be directly located in front of their home as indicated. Public Works Director Moore
stated staff could consider that request, and he stated the proposed locations were selected due to
no curb on this roadway, the ditches being shallow, and where there were obstructions such as
culverts.
Joan Gatzmeyer, 415 Niagara Lane, supports the proposed speed humps. She noted the increase
of traffic in the area. She commended the police department in patrolling their area during peak
hours.
Mary Melvin, 630 Niagara Lane, reiterated Ms. Ketzmeyer's comments. She stated the traffic is
not entirely residential traffic. She was glad to see the speed hump recommendation, but there
needs to be a speed hump closer to Niagara Lane and 9h Avenue. She requested the Council
amend the Resolution to include another speed hump closer to 9h Avenue.
Don Elstead, 340 Niagara Lane, noticed that the stakes indicating the proposed location of the
speed humps were placed very close to manholes. He recommended they be moved slightly
away from the manholes. Therefore, he supports the installation of speed humps.
Warren Day, 410 Niagara Lane, mentioned the speed of traffic when children are trying to board
the school bus. He supports the installation of speed humps.
Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to adopt
a Resolution Approving the Installation of four Speed Humps on Niagara Lane between Gleason
Lake Drive and 9m Avenue (Res2000-474).
Councilmember Slavik suggested that perhaps in the future the Council might also want to
consider installing speed humps on 9`h Avenue.
Adopted City Council Minutes
Regular Meeting of September 26, 2000
Page 8 of 15
Mayor Tierney stated speed humps decrease the speed of traffic; however, they do create noise,
and she is very hesitant in installing the speed humps in front of residents' homes. Regarding 9h
Avenue, the installation of stop signs could be a possibility rather than a speed hump.
Motion was made by Councilmember Harstad for the Council to consider another speed hump
which would be located at approximately 815/820 Niagara Lane. This motion failedfor lack of a
second.
Ms. Gatzmeyer stated the residents who signed the petition understood that there would be four
speed humps and noise associated with the speed humps.
Councilmember Johnson stated that she would not consider or support any speed humps for 9t'
Avenue. She suggested that the Council, in the future, review their speed hump policy to make it
easier for neighborhoods to work with.
Ms. Melvin stated she discussed with the City Engineer the possibility of five -speed humps as
was recommended by Councilmember Harstad. She stated the proposed four locations were not
identified when the petition was circulated.
Motion was made by Councilmember Harstad, and seconded by Councilmember Black, to
amend the main motion to approve up to five speed humps if appropriate.
Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to call
the question on the amendment. With all members voting in favor but Brown, the motion
carried.
The Council voted on the amendment. With Slavik, Black, and Harstad voting yes, and Bildsoe,
Brown, Johnson, and Tierney voting no, the motion failed.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to call
the question on the main motion. With all members voting in favor but Harstad, the motion
carried.
The Council voted on the main motion. With all members voting in favor but Harstad, the
motion carried.
8.2) Review of Environmental Assessment Worksheet and Adopt Finding of "No Need"
for Environmental Impact Statement for "The Reserve" development located west of 1-494
and north of Schmidt Lake Road (20077)
Adopted City Council Minutes
Regular Meeting of September 26, 2000
Page 9 of 15
Community Development Director Hurlburt explained the Environmental Assessment
Worksheet (EAW) is for "The Reserve" development on a 124.5 -acre property located west of I-
494 and north of Schmidt Lake Road. The development would include 98 detached single-
family homes, 529 townhouse units, and 360 apartment units. She stated there is a 30 -day
comment period at which time regional and state agencies are able to provide comment, and the
Planning Commission conducts a public hearing after due notices have been sent. She stated the
EAW identified the issue of traffic and traffic -related noise due to the close proximity to I-494.
The developer would need to consider that issue when designing the buildings. Currently there
is only one access to this site, which is a gravel road adjacent to I-494, to Xenium Lane. This
would be the access during the construction phase. She noted that the developer has a reserved a
site within the development for a new water tower that would be constructed at City's expense,
and that the extension of Cheshire Lane to County Road 47, which is in the City's Capital
Improvements Program, would be constructed.
She stated after completing the environmental review, the Planning Commission would review
the remainder of the planning applications. The Planning Commission would be conducting a
hearing at their October 18 meeting on the planned unit development rezoning applications if the
Council adopts the Resolution this evening which finds no need for an environmental impact
statement.
Steve Gardner, 10717 10th Avenue North, stated he is appalled at the amount of forests and trees
that have been removed due to new developments within the City. He spoke of Rottlund
developments in the cities of Golden Valley and Minnetonka where trees and forests were
removed. He stated is really concerned about tree preservation, and he requested the Council to
review this proposed development further as it relates to tree preservation.
Community Development Director Hurlburt stated in addition to the tree preservation
requirements, the applicant would be required to comply with the minimum landscaping
requirements as outlined in the City's Zoning Ordinance. The developer's landscape plan
identifies the addition of 810 new trees plus numerous shrubs and decorative plants. In addition,
she mentioned the financial guarantee by the developer on the reforestation requirements.
Some of the Councilmembers stated that the Council strives to protect the environment and trees
when developments are submitted to the City.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to
adopt a Resolution Declaring Finding of "No Need" for an Environmental Impact Statement
EIS) based upon the Review of the Environmental Assessment Worksheet (EAW) dated July
30, 2000 for the Project Proposed by Rottlund Homes, Inc. for the Reserve, a 987 -Unit
Residential Planned Unit Development (20077 — Res2000-475).
Adopted City Council Minutes
Regular Meeting of September 26, 2000
Page 10 of 15
City Attorney Knutson stated the purpose of the EAW is to determine if there are significant
environmental impacts.
Councilmember Black stated she is very uncomfortable adopting the Resolution when the
hydrologic study hasn't been completed to determine the down stream impacts and what could
be implemented to minimize the impacts.
City Manager Johnson stated the purpose of the EAW is to identify the issues only. He
suggested that the future development approvals contain a condition for the hydrologic study.
Public Works Director Moore stated this concern is already included as condition No. 4 of the
Resolution.
Councilmember Brown acknowledged that there are still a number of "checkpoints" that need to
be addressed with this project. However, those items shouldn't delay the requested Council
action this evening.
Motion was made by Councilmember Harstad, and seconded by Councilmember Brown, to call
the question on the main motion. With all members voting in favor, the motion carried.
The Council voted on the main motion, and with all members voting in favor but Black, the
motion carried.
A short recess was then conducted from 9:15 p.m. until 9:25 p.m.
8.3) Approve Plans for County Road 101 Construction (9005)
Councilmember Harstad voiced his concern that residents did not receive a two week notice of
tonight's meeting regarding this project, which he believes was requested by the Council.
Motion was made by Councilmember Harstad, and seconded by Councilmember Johnson, to
table this item to October 10 in order that a notice could be sent tomorrow.
Councilmember Harstad acknowledged that this would be a 13 -day notice rather than a two-
week notice.
Councilmember Johnson stated it was her understanding that a two-week notice was for the
previous special meeting on this project. However, she would support the motion based on new
information that has been received within the last 30 days which residents may want an
opportunity to comment on.
Adopted City Council Minutes
Regular Meeting of September 26, 2000
Page 11 of 15
Mayor Tierney stated by approving the final design, it is not the final action as it is contingent
upon the cost sharing agreement with the County.
Councilmember Brown stated the two-week notice was only for the previous special meeting on
this project. He stated the City needs to move the project along, and there is no benefit by
tabling this item.
Councilmember Black asked what the implications would be if the Council tabled this item
tonight.
Craig Twinem, County Engineer, stated the purpose of approving the plans is to begin the
negotiations for the cost sharing agreement. He added there have been many requested revisions
made to the plans.
Councilmember Harstad stated it concerns him that the cost sharing agreement hasn't been
finalized as the cost of the project exceeds what has been allocated for the project in the Capital
Improvements Program.
Mike Melnychuk, 17915 34th Avenue North, requested that the Council provide a two-week
notice to the residents on this project. He stated many of the residents have been surprised to
hear of the increased cost of the project. He requested there be additional public discussion on
how the City would fund the increased costs of the project.
Councilmember Slavik stated she understands residents' concerns; however, only the
construction plans would be approved this evening. She stated she is concerned that residents
were not provided with proper notification. She provided assurance that if the project costs were
too high, she would vote to reject the project.
Motion was made by Councilmember Johnson, and seconded by Councilmember Harstad to call
the question. With all members voting in favor but Tierney, the motion carried.
The Council then voted on the main motion. With Slavik, Harstad, and Johnson voting yes, and
Bildsoe, Brown, Black, and Tierney voting no, the motion failed.
Motion was made by Councilmember Slavik, and seconded by Mayor Tierney, to adopt an
amended Resolution Approving Final Design Plans for County Road 101, 30 Avenue to
Highway 55 (Res2000-476). The amendment included adding the following language to the
Resolution, "Further, that the Construction Cooperative Agreement between the City and the
County which will outline cost-sharing and maintenance responsibilities requires City Council
approval before a contract is awarded by Hennepin County for construction of the project."
Adopted City Council Minutes
Regular Meeting of September 26, 2000
Page 12 of 15
Councilmember Brown asked what Council actions remain before the project is final. Public
Works Director Moore replied the Council and the County Board would be required to approve
the cost sharing agreement. Property owners would have an opportunity to provide input to the
Council at that time. Following those actions, the project would go out for bid. After bids are
received, the County Board would award the bid and construction could commence. He also
stated that property owners wouldn't be notified of the meeting in which the Council considers
the cost sharing agreement unless requested by the Council.
Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik, to
amend the main motion that when the cost sharing agreement is ready for approval, staff provide
a 14 -day notice of the Council meeting in which this agreement is to be considered to property
owners within 750 feet of the project.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to call
the question on the amendment. With all members voting in favor, the motion carried.
The Council voted on the amendment to the main motion. With all members voting in favor, the
motion carried.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to call
the question on the amended main motion. With all members voting in favor, the motion carried.
The Council then voted on the amended main motion. With all members voting favor except
Harstad who abstained, the motion carried.
8.4) Order Amended Holly Lane Improvements (9024)
Public Works Director Moore reported on staff's recommendation to improve Holly Lane with
the following elements:
1. Improve Holly Lane from Old Rockford Road to the southerly golf course parking lot as a 32 -
foot wide, nine -ton bituminous street with concrete curb and gutter and storm sewer.
2. Construct an eight -foot wide off-road trail adjacent to the west side of the street for the same
area of the street improvement.
3. Extend the sanitary sewer from 45th Avenue to the golf course clubhouse.
4. Extend the watermain from 45th Avenue to the Canadian Pacific Railroad and then easterly to
the Nanterre Development.
Adopted City Council Minutes
Regular Meeting of September 26, 2000
Page 13 of 15
He added if the City, in the future, desires to reserve parking on the street, the minimum width
would need to be 32 feet. Otherwise, the roadway could be 29 feet wide. He stated Holly Lane
to the north of this project wouldn't be addressed until that area would be developed.
Bill Pritchard, 8421 Wayzata Boulevard, representing Orrin Thompson Homes, stated they do
have concerns with the future extension of Holly Lane as their property lies directly north of
Holly Lane. He stated the primary access to their property would be via Holly Lane. Therefore,
they would be very interested in the future construction of Holly Lane to the north.
Councilmember Johnson stated at the September 9 Study Session, there was not a consensus of
the Council to amend the Comprehensive Plan which would've provided direction to developers
in knowing what would occur with this roadway in the future.
Councilmember Black stated some residents have expressed concern with the trail being located
on the west side of the road, as mature trees would need to be removed. She asked if the
roadway were to be narrowed to 28 feet wide with a trail, would the impact to the trees be
lessened? Public Works Director Moore stated overall there are very few mature trees that
would be removed regardless if it is a 28 foot or 32 foot roadway.
Councilmember Johnson and Mayor Tierney indicated the width of the roadway is a concern to
residents.
George Faue, 4425 Holly Lane, stated currently the City has rights to the east side of the road for
an off-road trail. Therefore, he questioned why the City is proposing the trail on the west side of
the street.
Public Works Director Moore stated the roadway itself would be moved easterly to where the
City has additional right of way. He assured Mr. Faue that preliminary drawings indicate that the
City wouldn't need any additional right-of-way from his property.
Some of the Councilmembers felt uncomfortable in making a decision this evening due to the
uncertainty of the future of Holly Lane.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to table
this item indefinitely. With all members voting against the motion but Black, the motion failed.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to
approve a 28 -foot roadway with utility construction to the Hollydale Golf Course.
Adopted City Council Minutes
Regular Meeting of September 26, 2000
Page 14 of 15
Councilmember Johnson stated the majority of the residents support a 28 -foot roadway with no
parking. However, this action could determine what would occur with Holly Lane on the north
end.
There being no further discussion and with all members voting in favor, the motion carried.
Councilmember Johnson suggested that the City initiate a public process/discussion with
surrounding property owners on Holly Lane to discuss options for the north end of Holly Lane.
Community Development Director Hurlburt stated it might be more advantageous to discuss
options when actual development plans are submitted to the City.
Councilmember Bildsoe stated he prefers that the Council provide input/options prior to when
development plans are submitted to the City.
Councilmembers Johnson and Bildsoe spoke of amending the Comprehensive Plan.
Community Development Director Hurlburt stated if the Council opted to begin the
Comprehensive Plan amendment process, all issues could be studied as part of the public
process.
Councilmember Black stated residents could be misled with this type of process when all options
would be studied including railroad crossing.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to
bin the Comprehensive Plan amendment process for the north end of Holly Lane in order to
determine the future of this roadway (all options would be reviewed).
Councilmember Harstad questioned the priority and/or need to begin this process.
Councilmember Johnson stated this issue is a priority for developers so alignments could be
determined.
Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to call
the question. With all members voting in favor but Black, the motion carried.
The Council then voted on the main motion, and with Bildsoe, Slavik, Brown, Johnson voting
yes, and Black, Harstad, and Tierney voting no, the motion carried.
Community Development Director Hurlburt commented for this type of study, the City would
need to utilize consultants for the transportation component of the Comprehensive Plan.
Adopted City Council Minutes
Regular Meeting of September 26, 2000
Page 15 of 15
Reports and Recommendations
9.1) Housing Task Force
Mayor Tierney provided a brief update on the study for affordable housing. She stated in the
near future, a report would be presented to the Council. Councilmember Brown suggested there
be a joint meeting with the Council and the Housing and Redevelopment Authority.
Adjournment
Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to
adjourn the meeting at 11:02 p.m. With all members voting in favor, the motion carried.
andra R. Paulson, City Clerk
City Council Meeting
September 26, 2000
CITY OF PLYMOUTH
HENNEPIN COUNTY< MINNESOTA
City of Plymouth Liquor FINDINGS OF FACT
Licensing Complaint Against AND DECISION
TGI Friday's of Minnesota Inc. d/b/a Italianni's
On September 5, 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
TGI Friday's of Minnesota, Inc. d/b/a Italianni's is the holder of an on -sale
intoxicating liquor license issued pursuant to Plymouth City Code Section 1206.
2. TGI Friday's of Minnesota, Inc. d/b/a Italianni's is located at 220 Carlson
Parkway in the City of Plymouth.
3. On December 22, 1999, employee Stacy Anne Carpenter sold a beer to a person
who was under twenty-one years of age. Stacy Anne Carpenter did not ask to see identification,
nor did she ask the date of birth of the underage person.
4. Stacy Anne Carpenter'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.
City Council Meeting
September 26, 2000
6. On or about February 9, 2000, Stacy Anne Carpenter pled guilty to selling
alcoholic beverages to an underage person in violation of Minnesota Statute § 340A.503, Subd.
2(1).
7. On August 14, 2000, TGI Friday's of Minnesota, Inc. d/b/a Italianni's was
notified in compliance with law of the above violation, and informed that an administrative
hearing would be held before the City Council on September 5, 2000.
8. The Notice informed TGI Friday's of Minnesota, Inc. d/b/a Italianni's that civil
sanctions would be considered as a result of the violation.
9. TGI Friday's of Minnesota, Inc. d/b/a Italianni's received the Notice and its
representatives attended the September 5, 2000 City Council meeting. The representative
admitted at the hearing that the violation occurred. The representative also admitted receiving
notice from the City that compliance checks would be conducted.
10. There are no mitigating circumstances that excuse the violation.
DECISION
TGI Friday's of Minnesota, Inc. d/b/a Italianni's on -sale intoxicating license is
suspended for twenty (20) consecutive days, to be determined at the discretion of the City.
2. Twenty (20) 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 of the new
violation.
City Council Meeting
September 26, 2000
3. TGI Friday's of Minnesota, Inc. d/b/a Italianni's shall pay a civil sanction to the
City in the amount of Two Thousand and No/100 Dollars ($2,000.00) by October 26, 2000.
4. The civil sanction imposed herein constitutes TGI Friday's of Minnesota, Inc.
d/b/a Italianni's third violation and appearance before the City Council, pursuant to City Code
Section 1206.22.