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HomeMy WebLinkAboutCity Council Minutes 02-02-1999Adopted Minutes Regular Council Meeting February 2, 1999 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the City Center, 3400 Plymouth Blvd., on February 2, 1999. COUNCIL PRESENT: Mayor Tierney; Councilmembers Slavik, Spigner, Black, Harstad, Johnson, and Bildsoe. AOWIVQillEi[SiT STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Ahrens. 3 Forum No one spoke at the Forum. 4.1 City -County Year 2000 Program Assistant City Manager Lueckert reported on the City -County Year 2000 Program. 4.2 Fire & Ice Festival Park Director Blank announced the Fire & Ice Festival on February 6. 5 Approve Agenda Councilmember Spigner requested that Item 9.1 be deferred to the February 16 agenda. Councilmember Bildsoe requested that Items 7.3 and 7.4 be moved to follow Item 7.8. Mayor Tierney requested that Cardinal Ridge Townhomes, funding request for Zachary Playfield, and legislation be added to the agenda. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to approve the agenda with the changes noted. Motion carried, seven ayes. 6 Consent Agenda Items 6.10 and 6.08 were removed from the Consent Agenda. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt the Consent Agenda as amended. Motion carried, seven ayes. Adopted City Council Minutes February 2, 1999 Page 2 6.01 Environmental Quality Committee 1998 Annual Report and 1999 Work Plan Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-51 APPROVING THE ENVIRONMENTAL QUALITY COMMITTEE (EQC)1998 ANNUAL REPORT AND 1999 WORK PLAN. Motion carried, seven ayes. 6.02 Employee Fitness Incentive Program Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-52 RECEIVING THE 1998 REPORT ON THE EMPLOYEE FITNESS INCENTIVE PROGRAM AND APPROVING MAKING THE EMPLOYEE FITNESS INCENTIVE PROGRAM A PERMANENT PROGRAM FOR CITY OF PLYMOUTH EMPLOYEES. Motion carried, seven ayes. 6.03 1999 and 2000 Public Tree and Stump Removal Contract Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-53 APPROVING 1999 AND 2000 PUBLIC TREE AND STUMP REMOVAL CONTRACT. Motion carried, seven ayes. 6.04 Establish Special City Council Meetings Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to establish February 9 at 7:00 p.m. as a special city council meeting to discuss the Fernbrook Road alignment, prosecution services, dues to the Association of Metropolitan Municipalities (AMM), and council packet delivery day; and further to establish February 16 at 5:30 p.m., as a special city council meeting to meet with Hennepin Parks about the proposed Eagle Lake Park development. Motion carried, seven ayes. 6.05 Gateway Park Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-54 APPROVING NAME OF PARK. Motion carried, seven ayes. 6.06 Tobacco and Gasoline Service Station Licenses Approval for Plymouth Amoco Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-55 APPROVING 1999 TOBACCO AND GASOLINE SERVICE STATION LICENSES. Motion carried, seven ayes. 6.07 Reduction in Required Financial Guarantee Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-56 REDUCING REQUIRED FINANCIAL GUARANTEE, WESTBRANCH 3RDADDITION (94046). Motion carried, seven ayes. Adopted City Council Minutes February 2, 1999 Page 3 Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-57 REDUCING REQUIRED FINANCIAL GUARANTEE, CONOR MEADOWS PLAT TWO (96150). Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-58 REDUCING REQUIRED FINANCIAL GUARANTEE, WESTBRANCH 3RD ADDITION (94046). Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-59 REDUCING REQUIRED FINANCIAL GUARANTEE, WESTBRANCH 3RD ADDITION (94046). Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-60 REDUCING REQUIRED FINANCIAL GUARANTEE, CONOR MEADOWS PLAT THREE (98092). Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-61 REDUCING REQUIRED FINANCIAL GUARANTEE, PIKE LAKE WOODS 3RD ADDITION (98170). Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-62 REDUCING REQUIRED FINANCIAL GUARANTEE, WESTBRANCH ADDITION FKA PLYMOUTH CREEK HEIGHTS ADDITION (92115). Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-63 REDUCING REQUIRED FINANCIAL GUARANTEE, PLYMOUTH PRESBYTERIAN CHURCH (93141). Motion carried, seven ayes. 6.09 Order Public Hearing for Vacation of Right—Of—Way Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-64 ORDERING PUBLIC HEARING ON VACATION OF A PART OF PINEVIEW LANE RIGHT—OF—WAY, BASS LAKE HIGHLANDS. Motion carried, seven ayes. 7.1 Public Hearing on Ferndale Road Improvement Project, City Project No. 6007 Public Works Director Moore presented the staff report on proposed street and trail improvements to Ferndale Road from County Road 6 to Highway 12. A 28 -foot roadway Adopted City Council Minutes February 2, 1999 Page 4 is proposed, along with concrete curb and gutter. He said that special assessments are proposed to Plymouth properties under the street reconstruction policy. The total cost of the project is about $1.5 million, and the special assessments for Plymouth properties are estimated at $13,837. He said there have been no significant design changes since the Council previously reviewed the project. The roadway curve has been changed slightly. Mayor Tierney opened the public improvement hearing at 7:26 p.m. on proposed reconstruction of Ferndale Road from U.S. Highway 12 to County Road 12, Project 6007. Robert Elwell, 520 Marquette Avenue South, Suite 900, Minneapolis, represented the estate of L.R. and Ruth D. Elwell. He spoke against the project due to excessive cost. He said the cost of the project has increased by $189,000 from previous estimates, and the Elwell property is proposed to pay about one-third of the total special assessments. He said the Elwell property will also lose eight feet for the trail. Mayor Tierney closed the public hearing. Director Moore said there is no difference in the current estimated cost of the project from the notice sent to property owners. There is adequate existing right-of-way for the improvements. He said the Elwell property is vacant land with wetlands on the eastern portion of the site. The property is guided for single family use, and the proposed assessment is based on two single family units. Councilmember Johnson asked if these properties have previously paid special assessments. Director Moore said these properties were assessed many years ago for watermain, but have never been assessed for road improvements. Councilmember Harstad asked about the impact on the assessment if it is assumed that only a single unit would be developed on the site. Director Moore responded that this would reduce the estimated assessment by $1,030. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 99-65 ORDERING IMPROVEMENT OF FERNDALE ROAD STREET AND TRAIL, CITY PROJECT NO. 6007. Councilmember Johnson offered a friendly amendment to clarify that the project is for a 28 -foot wide bituminous roadway with concrete curb and gutter and an 8 -foot wide bituminous trail. The amendment was accepted and incorporated into the main motion. Motion carried, seven ayes. Adopted City Council Minutes February 2, 1999 Page 5 7.2 Vacation of a Perpetual Easement, Silverthorne Addition Public Works Director Moore presented the staff report on the proposed vacation of a perpetual easement for street purposes in Silverthorne Addition. Mayor Tierney opened the public hearing at 7:36 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 99-66 AUTHORIZING THE VACATION OF A PERPETUAL EASEMENT FOR STREET PURPOSES, SILVERTHORNE ADDITION. Motion carried, seven ayes. 7.5 Liquor Law Violation, Broadway Station Pizza, 4190 Vinewood Lane Public Safety Director Gerdes said that this item and the following three agenda items relate to first offense liquor law violations. Mayor Tierney opened the public hearing at 7:40 p.m. on the consideration of a civil penalty for the liquor law violation relating to the on -sale 3.2 malt liquor license issued to C.I.A.O., Inc., d/b/a Broadway Station Pizza, 4190 Vinewood Lane. Director Gerdes said that an incident of selling alcohol to an individual under the age of 21 occurred on June 5, 1998 (police case #98-19279). He explained the compliance check that resulted in the illegal sale. The employee pled guilty to a misdemeanor, which was reduced from a gross misdemeanor, and the court imposed a fine of $150. Notice of this hearing to consider a civil penalty was sent to Broadway Station Pizza. Director Gerdes recommended a three-day suspension of the liquor license and a $500 administrative fine. Bill Spoerndle, Manager of Broadway Pizza, 4190 Vinewood Lane, said he does not dispute the findings of the case. He noted that the business has been open since 1992 and this is their first problem related to alcohol. They have an ongoing training program, and the employee who made the illegal sale had been with the establishment for two years. Mr. Spoerndle said this incident has raised awareness of the issue, and a policy letter is issued to each server on a three-month basis. Signs are posted at the front door of the business. In response to a question by Mayor Tierney, Director Gerdes said that when the liquor ordinance was established, staff met with the licensees to discuss the presumptive penalties and the entire ordinance. Councilmember Harstad asked if a three-day suspension would cause an undue hardship for the business. Adopted City Council Minutes February 2, 1999 Page 6 Mr. Spoerndle said it would not be an undue hardship as the liquor sales are not the primary revenue for the business. The $500 fine is more significant. Councilmember Spigner asked if additional compliance checks were done at this business during 1998, and whether one was conducted subsequent to this violation. Director Gerdes said that at least two compliance checks were conducted at each facility licensed for the sale of liquor during 1998. Mr. Spoerndle said his business passed a subsequent compliance check, and he pledged to do everything possible to avoid future problems. Mayor Tierney closed the hearing at 7:56 p.m. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 99-67 IMPOSING A CIVIL PENALTY AGAINST BROADWAY STATION PIZZA FOR LIQUOR COMPLIANCE CHECK VIOLATION, imposing a three-day suspension and $500 administrative fine. Motion to amend was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to impose a five-day suspension and $1,000 administrative fine. Councilmember Johnson said that the licensee received the rules, and it is the responsibility of licensees to adequately address this issue. Councilmember Spigner said she will not support the amendment. The store manager commented that a $500 fine would be significant for the business, and she believes this is an appropriate sanction for a first violation. She said that the business indicated that it passed a subsequent compliance check, and she believes that strong businesses are important to the City's economic structure. Councilmember Bildsoe said he does not view this as a business issue. He said the police department takes many actions during a year related to alcohol, and a three-day suspension and $500 fine is not an adequate penalty for this serious violation. Councilmember Johnson agreed that a strong message needs to be sent to licensees who violate the liquor laws. Mayor Tierney spoke against the amendment. She said there is nothing so different or severe in this incident that warrants a penalty harsher than the presumptive penalty in the City Code. Adopted City Council Minutes February 2, 1999 Page 7 Councilmember Spigner agreed that the presumptive penalty is just in this case. She believes parents are also responsible for children's behavior and that businesses are not 100 percent accountable for underage liquor sale incidents. Councilmember Bildsoe expressed willingness to review the presumptive penalties in the liquor ordinance, but noted that the Council can suspend a license up to 60 -days and impose a fine of up to $2,000. Councilmember Johnson said she is also willing to review the presumptive penalties. She said the hearing notice that was sent to business owners indicated the maximum penalty that could be imposed. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to call the question. Motion carried, seven ayes. Vote on the amendment failed: Johnson and Bildsoe ayes; Slavik, Harstad, Black, Spigner, and Tierney nays. Councilmember Black indicated she would entertain a longer suspension, but not an increased fine. Councilmember Slavik said she considers this a major issue, but the incident and the manager's comments warrant nothing stronger than the presumptive penalty. Motion to amend was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to impose a five-day suspension and $500 administrative fine. Motion carried: Black, Harstad, Johnson, and Bildsoe ayes; Slavik, Spigner, and Tierney nays. Main motion as amended carried, seven ayes. The Council directed staff to prepare findings of fact for consideration at the next meeting. 7.6 Liquor Law Violation, Holiday Stationstore #220,10100 Highway 9 Mayor Tierney opened the hearing at 8:15 p.m. on the consideration of a civil penalty for the liquor law violation relating to the off -sale 3.2 malt liquor license issued to Holiday Stationstore #220, 10100 County Road 9. Director Gerdes said that an incident of selling alcohol to an individual under the age of 21 occurred on April 10, 1998 (police case #98-11606). He explained the compliance check that resulted in the illegal sale. The employee sold the alcohol without asking for identification. On May 29, 1998, the employee pled guilty to a misdemeanor, which was reduced from a gross misdemeanor, and the court imposed a fine of $210. Notice of this hearing to consider a civil penalty was sent to Holiday Stationstore. Director Gerdes Adopted City Council Minutes February 2, 1999 Page 8 recommended a three-day suspension of the liquor license and a $500 administrative fine for this first violation. Attorney Gary Gandrud, 2000 Norwest Building, Minneapolis, represented the licensee, Holiday Companies. He introduced the store manager, district manager, vice president of Holiday Stationstores, and another legal counsel. He said the facts of the case are not in dispute, and they take full responsibility for the action. Mr. Gandrud said that this type of incident is the worst thing that can happen to the employee, to the store, and to the company. He presented the training materials used by Holiday Companies, explained the training and testing that is done, and stated that preventing the sale of alcohol and tobacco to minors is the highest priority for the company. Mr. Gandrud said that Holiday Stationstore is interested in interacting with City staff to let the City know what Holiday Stationstore does on a daily basis and to learn from the City what they could do better. He said this store has a "check identification" feature on the cash register screen and an identification card reader to check the identification, but it is difficult to control the actions of the clerk at the point of sale. He said they will work harder to avoid future problems. Councilmember Spigner said that Holiday Companies has come to the City for many licenses, and the City Council has advised the applicant how strongly they feel about this issue. The business has electronic devices in place, but the employee did not request identification. Councilmember Harstad asked about the electronic reader and the status of the employee who made the illegal sale. Mr. Gandrud explained that the machine reads drivers licenses; however, the reader machine was installed subsequent to this violation. He said that an employee who makes an illegal sale generally pursues another line of work. Councilmember Slavik asked about the volume of liquor sales at the store, as well as whether it is possible to electronically prohibit a liquor sale if the purchaser is under 21. She also asked if the employee who made the sale was terminated. Mr. Gandrud stated that liquor sales at the store are about $10,000 per year. He did not know whether sales could be electronically prohibited. He said the employee left employment in June 1998, and it is a signed condition of employment to avoid illegal sales of alcohol and tobacco. Mayor Tierney closed the hearing. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt a resolution imposing a civil penalty against Holiday Stationstore #220 for liquor compliance check violation, imposing a 15 -day suspension and $2,000 fine. Adopted City Council Minutes February 2, 1999 Page 9 Councilmember Black said that she does not believe this type of business should even have a liquor license because the nature of the business is to cater to the driving public. She believes the use is very different from a restaurant where some of the effects of the alcohol are mitigated by food. She believes there is a higher likelihood of individuals drinking and driving when food is not present. Councilmember Johnson said the Holiday Companies employee training packet is very comprehensive. She said that individuals also drive to grocery stores and off -sale liquor stores to purchase alcohol, and individuals consume alcohol on the premises of a restaurant. Mayor Tierney said this business is trying to comply with the law. There are stiff penalties for drinking and driving, and she believes it an incorrect assumption that someone purchasing alcohol at a convenience store or service station will drink and drive. She believes the penalty should be consistent with a similar incident at a grocery store. Councilmember Slavik supported a greater penalty in this case because the training materials have an effective date of November 1, 1997, and this incident occurred subsequent to that date. Councilmember Harstad said the training manual is a tool, and he does not want to unduly penalize an organization that is trying hard to comply with the law. Councilmember Spigner said that similar to the court system, the City Council must consider all aspects of the incident and all available information that has been before the Council. She said the Council has previously indicated to Holiday Companies how important this issue is to the City, and she believes the proposed penalty is warranted. Councilmember Johnson said she views the circumstances of this incident as very similar to the previous hearing, and the penalties should be consistent. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to call the question. Motion carried, seven ayes. Vote on the motion failed: Spigner and Black ayes; Bildsoe, Johnson, Slavik, Harstad, and Tierney nays. Motion was made by Councilmember Johnson, seconded by Councilmember Slavik, to adopt RESOLUTION 99-68 IMPOSING A CIVIL PENALTY AGAINST HOLIDAY STATIONSTORE #220 FOR LIQUOR COMPLIANCE CHECK VIOLATION, imposing a 10 -day suspension and $1,000 fine. Adopted City Council Minutes February 2, 1999 Page 10 Councilmember Johnson said this penalty would be in line with the facts of the case. Councilmember Bildsoe added that the proposed penalty would also be consistent with the previous action, although he would like to have taken a stronger action on the prior incident. Mayor Tierney said she supports the presumptive penalty in the liquor ordinance for consistency and does not support the motion. Councilmember Black said that the penalty for a violation at this type of business should be greater than the presumptive penalty because individuals have immediate access to the roads once the sale has been made. Councilmember Johnson supported placing this discussion on a future study session. She said the current issue for Council consideration is illegal alcohol sale to a minor. It is illegal to sell alcohol to a minor, regardless of whether anyone drinks it. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to call the question. Motion carried, seven ayes. Motion carried: six ayes; Tierney nay. The Council directed staff to prepare findings of fact on the liquor law penalty. 7.7 Liquor Law Violation, City Market, 8 Nathan Lane Mayor Tierney opened the hearing to consider a civil penalty for the liquor law violation relating to the off -sale 3.2 malt liquor license issued to City Market, 8 Nathan Lane. Director Gerdes said that an incident of selling alcohol to an individual under the age of 21 occurred on August 12, 1998 (police case #98-29223). He explained the compliance check that resulted in the illegal sale. The employee asked for and checked the identification of the underage purchaser, and then made the sale. When the police officer informed the employee of the sale to a minor, the employee said, "I know." On September 21, 1998, the employee pled guilty to a misdemeanor, which was reduced from a gross misdemeanor, and the court imposed a fine of $210. Notice of this hearing to consider a civil penalty was sent to the owner/manager of City Market. Director Gerdes recommended a three-day suspension of the liquor license and a $500 administrative fine for this first violation. Councilmember Harstad asked if the identification checked by the employee had an incorrect date of birth. Director Gerdes responded that the identification was accurate. The identification indicated that the compliance checker was 18 years old. Adopted City Council Minutes February 2, 1999 Page 11 No one was present to address the Council on this issue. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-69 IMPOSING A CIVIL PENALTY AGAINST CITY MARKET FOR LIQUOR COMPLIANCE CHECK VIOLATION, imposing a 10 - day suspension and $1,000 fine. Councilmember Johnson said the Council has some discretion in imposing the penalties and this incident is disturbing because the employee checked the identification and still made an illegal sale. Motion carried: six ayes; Tierney nay. Mayor Tierney said she would prefer to impose the presumptive penalty. The Council directed staff to prepare findings of fact on the liquor law penalty. Councilmember Bildsoe asked the City Attorney to comment on the Council's actions with respect to the presumptive penalties in the liquor ordinance. City Attorney Knutson said the presumptive penalty is a place to begin consideration of a penalty. The Council can consider the circumstances of the incident, the facts of the case, and the nature of the business to determine an appropriate penalty. 7.8 Alcohol Compliance Check Violation, Red Pepper Restaurant Mayor Tierney opened the hearing at 8:57 p.m. on the consideration of a civil penalty for the liquor law violation relating to the on -sale 3.2 malt liquor and wine license issued to Kiang's Inc., d/b/a Red Pepper Chinese Restaurant, 187 Cheshire Lane. Director Gerdes said that an incident of selling alcohol to an individual under the age of 21 occurred on June 6, 1998 (police case #98-19456). He explained the compliance check that resulted in the illegal sale. The request for an alcohol drink was made to a female waitress, and approximately five minutes later a different individual served the drink without asking for identification. Director Gerdes explained that under the statute, the employee who delivered the drink was responsible. On July 27, 1998, the employee pled guilty to a misdemeanor, which was reduced from a gross misdemeanor, and the court imposed a fine of $175. Notice of this hearing to consider a civil penalty was sent to Kiang's Inc. Director Gerdes recommended a three-day suspension of the liquor license and a $500 administrative fine for this first violation. Ricky Kiang, representing Red Pepper Chinese Restaurant, said he is saddened that his employee made a mistake. He stated the incident resulted from a confusion in communication because one employee took the drink order and another employee served the drink. He said the employees know that they must check identification for liquor Adopted City Council Minutes February 2, 1999 Page 12 sales. The employees involved in this incident were a husband and wife, and in order to retain them as employees, Mr. Kiang paid their court fine. Councilmember Bildsoe asked what the business has done to ensure this will not reoccur. Mr. Kiang said the employee who took the order failed to check the identification. He explained that he has a family-oriented clientele, and liquor sales are less than five percent of his gross sales. He is always present in the establishment. Councilmember Harstad asked if Mr. Kiang would consider changing the restaurant's operation so that person taking an alcohol order would also deliver it. Mr. Kiang responded that is what usually occurs. He has also installed signs indicating that anyone who wants to order wine or beer must present appropriate identification. Councilmember Spigner asked Mr. Kiang if he understood the rules and regulations relating to his liquor license. She asked if he was aware that alcohol sales cannot be made to minors and that mistakes are the responsibility of the owner. Mr. Kiang said he understands this and will accept the penalty imposed by the Council. He said it is difficult to monitor employees at all times. Councilmember Spigner said an owner is responsible for his employees, and the employee involved in this incident violated the law. She suggested that Mr. Kiang may wish to work with City staff regarding employee training on this issue. Mayor Tierney closed the hearing at 9:10 p.m. Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt RESOLUTION 99-70 IMPOSING A CIVIL PENALTY AGAINST RED PEPPER RESTAURANT FOR LIQUOR COMPLIANCE CHECK VIOLATION, imposing a five-day suspension and $500 fine. Mayor Tierney asked if the licensees were involved in establishing the presumptive penalties in the liquor ordinance. She believes that the Council may need to adjust the presumptive penalties in the ordinance. Director Gerdes said the presumptive penalties were established in the tobacco ordinance and subsequently developed for the liquor ordinance. Several liquor licensees attended a meeting to provide input to the draft ordinance which included the presumptive penalties. Councilmember Slavik noted that the liquor ordinance indicates that the penalty is the presumptive minimum penalty to be imposed. Adopted City Council Minutes February 2, 1999 Page 13 Motion was made by Councilmember Spigner, seconded by Councilmember Black, to call the question. Motion carried, six ayes; Johnson nay. Main motion carried: six ayes; Tierney nay. The Council directed staff to prepare fmdings of fact on the liquor law penalty. Councilmember Bildsoe said that last year the Council voted to double the number of compliance checks conducted in the City. These hearings are the result of failed compliance checks, and this is an important issue to the Council. Motion was made by Mayor Tierney, seconded by Councilmember Black, to consider the presumptive penalties in the liquor ordinance at a study session. Councilmember Johnson asked who drafted the liquor ordinance. Director Gerdes said the presumptive penalties were structured by staff and reviewed with the City Attorney prior to recommendation to the City Council. The license holders had input in the ordinance, but no changes were made to the proposed presumptive penalty section of the liquor ordinance. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to call the question. Motion carried, seven ayes. Motion failed: Tierney aye; six nays. Councilmember Spigner said that the consideration of these civil penalties was brought to the Council long after the violations and court action were completed. She would like to discuss this at a study session. 7.3 Liquor License for Asian Mill, Inc. City Clerk Ahrens presented the staff report on the application of Asian Mill, Inc., d/b/a Tea House Restaurant, 88 Nathan Lane for an on -sale 3.2 malt liquor and wine license. Mayor Tierney opened the public hearing. No one appeared and the hearing was closed. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 99-71 APPROVING ON -SALE 3.2 MALT LIQUOR LICENSE AND WINE LICENSE FOR ASIAN MILL, INC. D/B/A TEA HOUSE RESTAURANT, 88 NATHAN LANE. Councilmember Bildsoe asked if the applicant understands the Council's strong interest in preventing sales of alcohol to underage youth. Adopted City Council Minutes February 2, 1999 Page 14 Yolanda Wang represented Asian Mill Inc. She said she had listened to the previous hearings and understands the Council's concern about the issue. She is requesting a 3.2 malt liquor and wine license, and the establishment previously held an on -sale intoxicating liquor license. Motion carried, seven ayes. 7.4 Off -Sale 3.2 Liquor License for Plymouth 1998 LLC, Super Valu, Inc. d/b/a Cub Foods City Clerk Ahrens presented the staff report on the application of Plymouth 1998 LLC, Super Valu, Inc., d/b/a Cub Foods, 4445 Nathan Lane, for an off -sale 3.2 malt liquor license. Mayor Tierney opened the public hearing at 9:26 p.m. Bob Walfoort, store manager at Cub Foods, 4445 Nathan Lane, explained that Cub has an electronic identification program similar to Holidays. The employees are trained on the issue of making legal alcohol and tobacco sales. Mayor Tierney closed the public hearing Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-72 APPROVING OFF -SALE 3.2 MALT LIQUOR LICENSE PLYMOUTH 1998 LLC, SUPER VALU, INC. D/B/A CUB FOODS, 4445 NATHAN LANE. Motion carried, seven ayes. Mayor Tierney called a five-minute break. 8.1 Preliminary Layout Plans for Northwest Blvd. Improvements, Project 9004 Public Works Director Moore presented the preliminary layout plans prepared by Hennepin County for the construction of Northwest Blvd. (County Road 61) from Bass Lake Road (County Road 10) to the north city limits. He said that Hemlock Lane is designated as County Road 61 within the cities of Maple Grove and Plymouth, and the realignment of County Road 61 from Bass Lake Road to the north city limits will return Hemlock Lane to the status of a local residential street. This realignment has been in Plymouth's adopted Transportation Plan since 1972. Information meetings have been held with residents in the area, and the City has the right-of-way necessary for construction of the project within Plymouth. Due to the traffic and function, the roadway is planned as a four -lane, divided roadway, with left -turn lanes for County Road 10. There is a future intersection planned for the undeveloped land on the west side of the future roadway. He said the County proposes to close the median opening and remove the signal at Hemlock Lane and County Road 10, and Hemlock Lane would remain as only a right-in/right-out intersection. The City plans to return Hemlock Lane to a residential street so it will not be used as a cut -through to drive northerly from Bass Lake Adopted City Council Minutes February 2, 1999 Page 15 Road. He presented several alternatives to accomplish this. Thirty-one percent of surveyed residents favored Option A which would eliminate any connection of Hemlock Lane to County Road 10. Thirty-eight percent of residents favored Option B which would install a cul-de-sac immediately north of the first intersection north of Bass Lake Road, and a right-in/right-out access would remain at Bass Lake Road and Hemlock Lane. Twenty-eight percent of residents favored Option 3 which would make a segment of Hemlock Lane a southbound one-way street, as an alternative to the cul-de-sac, to eliminate cut -through traffic. He said that three of the four property owners with immediate impact by the cul-de-sac support the cul-de-sac option. He recommended that the Council approve the preliminary layout plan with the following recommendations: construction of a cul-de-sac on Hemlock Lane north of 60'b Place (Option B), resurfacing/ reconstruction of existing Hemlock Lane as necessary; installation of a traffic signal at 62°d Place and Northwest Blvd.; provisions for adequate water quality treatment and address existing storm drainage problems; inclusion of a landscaping plan as part of the overall improvements. With Hennepin County's agreement to these recommendations, staff recommends that the project move forward to final design and construction in the fall of 1999. He introduced Hennepin County representatives Bruce Bashik and Steve Theis. Councilmember Bildsoe said that all of the options somewhat landlock area residents. He asked if consideration had been given to installing four-way stops at every intersection north of Bass Lake Road in order to discourage traffic. Public Works Director Moore explained that the City has an opportunity to eliminate the problem of cut -through traffic, rather than just address the impacts. The traffic counts on Hemlock Lane are currently 7,000 to 8,000 vehicles per day. Following the project, traffic will be reduced to less than 1,500 vehicles per day. The project will change the character of this neighborhood, and stop signs will not sufficiently discourage cut - through traffic. Councilmember Johnson said that a sign would be needed at Bass Lake Road so that drivers turning northerly would know there is no outlet. Councilmember Harstad asked about the speed limit on County Road 10 and whether it will remain the same after construction. Director Moore said the road was designed for a speed of 45 mph and that is the current speed limit. Typically as a roadway gets busier, it may result in a lower speed on a roadway. He clarified that a median would be installed on Bass Lake Road at Hemlock Lane so that no left turns could be made following construction of the new roadway. Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to suspend the rules and extend the adjournment time to 10:30 p.m. Motion carried, seven ayes. Adopted City Council Minutes February 2, 1999 Page 16 Councilmember Johnson asked about the traffic projections. A Hennepin County representative said there would be only a small initial increase in traffic following construction, and Maple Grove development has been factored into the traffic projections through 2020. Councilmember Black asked if a traffic signal will be needed at Schmidt Lake Road and Northwest Blvd., after the initial increase in traffic. Director Moore said the Schmidt Lake Road and Northwest Blvd., intersection will be counted this summer, and signals will be warranted at some point in the future. In the twenty year traffic projection, Northwest Blvd., will not need major improvements other than the traffic signals at Schmidt Lake Road. Councilmember Black said that residents are concerned about the loss of trees at the southern end of the project. Public Works Director Moore said the tree loss will be addressed. Some retaining walls are proposed to save as many trees as possible. The developer graded and installed trees in the street right-of-way, and the residents have previously received letters indicating that those trees would have to be removed. Mayor Tierney asked if U-turns would be allowed at Northwest Blvd. and Bass Lake Road. Director Moore responded that U-turns are permitted at signalized intersections. U-turns are allowed at other intersections unless signs prohibit it. Julie Jones, 12100 61' Avenue North, said she appreciates the opportunity the neighborhood has been given to have input into this project. She is concerned that the 38 percent of residents who favor closing Hemlock Lane are thinking of personal convenience and not the safety of children in the area. She said there are no parks in this area and she favors Option 1. She said that Hemlock Lane is a huge reliever street for people residing to the west of Plymouth, and this area is rapidly growing. She said traffic volumes on I-694 are projected to double in 20 years, and she is concerned that the county's projections of the traffic volume on Northwest Blvd. are underestimated. She said the proposed shopping center at I-694 and Hemlock Lane will be very large, and Option B will encourage cut -through traffic to avoid delays at Bass Lake Road and Northwest Blvd. She would also support a stop sign at 61' Avenue and Kirkwood Lane following the realignment. Councilmember Bildsoe asked if the Council needs to determine a specific alignment option at this time. Adopted City Council Minutes February 2, 1999 Page 17 Director Moore said that some of the decision could be postponed, but as part of the project, Hemlock Lane will be given to the City as a local street. He said time is needed for right-of-way acquisition and construction. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 99-72A APPROVING PRELIMINARY LAYOUT, NORTHWEST BOULEVARD - COUNTY ROAD 10 TO NORTH CITY LIMITS, CITY PROJECT NO. 9004, which includes construction of a cul-de-sac on Hemlock Lane north of 60' Place. Earl Backer, 5855 Magnolia Lane, represented the residents at 12230 61' Avenue. He favors the preliminary layout because the County has made a strong effort to save trees. In response to Council questions, Director Moore said that a sign will be installed at both ends of Hemlock Lane indicating that it is not a through street. He advised that stop sign petitions be considered after the project is completed so that cut -through traffic can be evaluated. He does not envision any substantial cut -through traffic in the neighborhood, and many deterrent tools could be considered. Motion carried, seven ayes. Item 8.2(6.08) Purchase of Replacement Squad Cars Councilmember Harstad said there are several issues relating to the purchase of replacement squad cars, such as the mileage ceiling and revolving cars, that he would like to discuss at a study session. Motion was made by Councilmember Harstad, seconded by Councilmember Black, to table this item for future discussion and review. Mayor Tierney asked if timeliness is a factor with regard to the purchase of police vehicles. City Manager Johnson explained that police cars are manufactured for a limited amount of time each year. He said the decision could be delayed until the issue is discussed at the upcoming study session. Councilmember Spigner noted that the City has an opportunity to purchase these vehicles under the State of Minnesota contract, and she asked if timeliness is an issue with regard to the contract. Manager Johnson said the time limitation does not relate to the State contract, but rather to the limited manufacturing dates of the vehicles. Police vehicles are not manufactured in the United States after May. Adopted City Council Minutes February 2, 1999 Page 18 Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to suspend the rules and extend the adjournment time to 10:45 p.m. Motion carried, seven ayes. Councilmember Harstad said there are currently four new squad cars that are not yet in service. He said that none of the six vehicles listed for replacement are at the 100,000 mileage ceiling, and concerns about suspension and steering have not been proven via maintenance records. He said the vehicles are manufactured for heavy, long-term use, and he is not convinced that the vehicles are being rotated on an even basis. Mayor Tierney said the City does not retire a vehicle until it reaches 100,000 miles. She favors approving this purchase and discussing the concerns in the future. Councilmember Bildsoe said that typical mileage ceilings are meaningless in a squad car. He said the Police Chief is very conservative in purchasing squad cars, and vehicles are pushed to their limits. He believes that public safety maximizes its assets. Motion to table failed: Harstad aye; six nays. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 99-73 APPROVAL OF THE PURCHASE OF SIX NEW CURRENT MODEL REPLACEMENT POLICE PURSUIT VEHICLES. Motion carried: six ayes; Harstad nay. 8.3 (6.10) Establish Board and Commission Reception Following discussion, motion was made by Councilmember Johnson, seconded by Councilmember Black, to establish February 25 as the Board and Commission Member Reception. Motion carried, seven ayes. 9.2 Plymouth Business Council Councilmember Bildsoe reported that the Plymouth Business Council will be discussing Plymouth City Center, appointment of business representatives on City boards/commissions, and active participation in the Comprehensive Plan update. 9.3 Cardinal Ridge Mayor Tierney reported that there are still nuisance problems with refrigerated trucks near the Cardinal Ridge area. She asked that councilmembers review this situation as an example of problems that can result from industrial uses abutting residential properties. 9.4 Zachary Playfield Mayor Tierney requested that a funding issue relating to Zachary Playfield which was in a recent Council Information Memorandum be considered at a future study session. Manager Johnson suggested that this item be placed on an April study session. Adopted City Council Minutes February 2, 1999 Page 19 9.5 Legislation Councilmember Bildsoe announced that councilmembers will meet with legislators in St. Paul on February 4 to discuss issues important to the City. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adjourn the meeting at 10:45 p.m. Motion carried, seven ayes. qty Clerk