HomeMy WebLinkAboutCity Council Minutes 02-16-1999Adopted Minutes
Regular Council Meeting
February 16, 1999
A regular meeting of the Plymouth &y Council was called to order by Mayor Tierney at
7:00 p.m. in the City Center, 3400 Plymouth Blvd., on February 16, 1999.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Spigner, Black, Harstad,
Johnson, Bildsoe, and Slavik.
ABSENT: None.
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 Knetsch, and City
Clerk Ahrens.
Scout Troop 567 led the Pledge of Allegiance.
3 Forum
Ken Wendinger, 5465 Orleans Lane #l, opposed the golf course at Eagle Lake Park
proposed by the Suburban Hennepin Regional Park District. He believes that
development of the park is important, but prime open space and wooded area could be
saved if alternative uses are considered. His proposal includes more picnic areas, more
trails, an exercise area and playground. He said that affordable golfing is attractive, but
not at the expense of the loss of natural resources. Mr. Wendinger stated that 74 percent
of residents around the lake oppose the golf course concept. The concept is also opposed
by three Audobon chapters and a Sierra chapter. He suggested that development of a golf
course be delayed.
Paul Schupanitz, 4600 Trenton Circle, said the golf course proposal was brought to
residents in mid-November by Hennepin Parks. He urged the City to ask Hennepin Parks
to consider less active, alternative uses that would have less impact on the site.
4.1 "Where's Lester and COnnie?" Contest Winners
Fire Chief Rick Kline and Corky Ornburg of the Plymouth Crime and Fire Prevention
Fund presented awards to the winners of the "Where's Lester and Connie?" contest.
4.2 Affordable Housing Forum
Housing Supervisor Goldsmith invited residents to attend the Affordable Housing Forum
on February 23.
4.3 Crime and Fire Prevention Ambulance Donation
Corky Ornburg, Plymouth Crime and Fire Prevention Fund, presented the donation of an
ambulance to the City.
Adopted City Council Minutes
February 16, 1999
Page 2
Public Safety Director Gerdes recommended that the Council adopt a resolution
accepting this donation.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to
adopt RESOLUTION 99-74 ACCEPTING DONATION OF AN AMBULANCE
FROM THE PLYMOUTH CRIME AND FIRE PREVENTION FUND. Motion
carried, seven ayes.
4.4 "We Love Our Kids" Month
Barbara Carlson, Communities in Collaboration Council, invited residents to participate
in a parenting forum to celebrate "We Love Our Kids" month.
4.5 Award for Excellence in Financial Reporting to the Finance Department
Mayor Tierney announced that the Certificate of Achievement for Excellence in Financial
Reporting has been awarded to Dale Hahn and the Finance Department from the
Government Finance Officers Association. Finance Director Hahn said the Certificate is
used primarily by financial institutions that bid on the City's bonds, as well as Moody's
Investment Service. This is the sixteenth year that the City has received this award.
4.6 Principal of the Year
Councilmember Johnson announced that Dr. Paul, Principal at Wayzata High School, has
been named Principal of the Year. The Council requested that a letter of congratulations
be sent to Dr. Paul.
4.7 Superintendent of the Year
Mayor Tierney announced that the School District 270 Superintendent Michael Kraemer
was named Superintendent of the Year. The Council requested that a letter of
congratulations be sent.
4.8 Ward 1 Meeting
Councilmember Bildsoe announced that he will be hosting a Ward 1 meeting on
February 22.
4.9 Assistant City Manager Resignation
Manager Johnson announced that Assistant City Manager Lueckert has submitted her
resignation from the City. Assistant Manager Lueckert said she has accepted the position
of Deputy Executive Director at the national headquarters of the Presbyterian Church in
Louisville, Kentucky.
5 Approve Agenda
Councilmember Black requested the addition of Item 9.2, Eagle Lake Park.
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
approve the agenda as amended. Motion carried, seven ayes.
Adopted City Council Minutes
February 16, 1999
Page 3
6 Consent Agenda
City Manager Johnson noted that an amendment was made on the minutes of the
February 9 special meeting minutes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
approve the consent agenda.
Motion to amend was made by Councilmember Black, seconded by Councilmember
Spigner, to postpone Item 6.21 to the next regular meeting.
Community Development Director Hurlburt said the applicant feels there is some
urgency with the application. She recommended that the Council provide direction to
staff if more information is needed with respect to the report or the findings.
Motion to amend carried, seven ayes. Main motion carried, seven ayes.
6.01 Approve Minutes
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
approve the proposed minutes of the January 19, 1999 regular Council meeting, and the
February 9 special Council meeting. Motion carried, seven ayes.
6.02 Approve Disbursements
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-75 APPROVING DISBURSEMENTS FOR THE PERIOD
ENDING FEBRUARY 5,1999. Motion carried, seven ayes.
6.03 Amend Concerning Background Checks on Liquor Managers
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt ORDINANCE 99-6 AMENDING CHAPTER XII OF THE PLYMOUTH
CITY CODE CONCERNING OPERATING MANAGERS OF LIQUOR LICENSE
ESTABLISHMENTS. Motion carried, seven ayes.
6.04 Findings of Fact for Administrative Civil Penalties in Alcohol Compliance
Check Violations
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
approve the Findings of Fact and Decision for the civil sanction imposed on CIAO, Inc.,
d/b/a Broadway Station Pizza, 4190 Vinewood Lane (attachment A). Motion carried,
seven ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
approve the Findings of Fact and Decision for the civil sanction imposed on Kiang's,
Inc., d/b/a Red Pepper Restaurant, 187 Cheshire Lane North (attachment B). Motion
carried, seven ayes.
Adopted City Council Minutes
February 16, 1999
Page 4
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
approve the Findings of Fact and Decision for the civil sanction imposed on Holiday
Stationstore #220, 10100 Highway 9 (attachment Q. Motion carried, seven ayes.
6.05 Tobacco License Approval for Pederson Foods d/b/a Smokies #2,
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-76 APPROVING TOBACCO LICENSE FOR
PEDERSON FOODS D/B/A SMOKIES #2,17405 CO. RD. 6. Motion carried, seven
ayes.
6.06 H. I. Enterprises, Inc./Goodyear. Sign Variance (98200)
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-77 APPROVING A SIGN VARIANCE FOR
GOODYEAR FOR PROPERTY LOCATED AT 2995 HARBOR LANE (98200).
Motion carried, seven ayes.
6.07 Planning Commission 1999 Work Program
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-78 APPROVING 1999 PLANNING COMMISSION
WORK PROGRAM. Motion carried, seven ayes.
6.08 1998 PRAC Annual Report and 1999 Work Plan
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
accept the Park and Recreation Advisory Commission annual report and 1999 Work Plan.
Motion carried, seven ayes.
6.09 Revision of Cash in Lieu of Park Dedication Fees
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-79 APPROVING SETTING PARK DEDICATION FEES
FOR 1999. Motion carried, seven ayes.
6.10 1999 Dues Payment to the Association of Metropolitan Municipalities (AMM)
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-80 APPROVING 1999 MEMBERSHIP DUES IN THE
ASSOCIATION OF METROPOLITAN MUNICIPALITIES. Motion carried, seven
ayes.
6.11 1999 Health, Dental Benefits for Non -Represented City Employees
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-81 APPROVING THE 1999 MONTHLY
CONTRIBUTION TO HEALTH AND DENTAL INSURANCE OR DEFERRED
COMPENSATION FOR NON -REPRESENTED CITY EMPLOYEES. Motion
carried, seven ayes.
Adopted City Council Minutes
February 16, 1999
Page 5
6.12 Agreement with Appletree Institute for Health/Hospitalization Insurance
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-82 APPROVING AGREEMENT WITH APPLETREE
INSTITUTE FOR THE PURCHASE OF HEALTH/HOSPITALIZATION
INSURANCE PROVIDED BY THE SOUTHWEST/WEST CENTRAL SERVICE
COOPERATIVE GROUP INSURANCE POOL AND BLUE CROSS BLUE
SHIELD OF MINNESOTA. Motion carried, seven ayes.
6.13 Reduction in Required Financial Guarantee
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-83 REDUCING REQUIRED FINANCIAL
GUARANTEE, SANDPIPER PONDS ADDITION (97089). Motion carried, seven
ayes.
6.14 1999 Municipal Recycling Grant Application
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-84 APPROVING 1999 MUNICIPAL RECYCLING
GRANT APPLICATION AND 1998 MUNICIPAL RECYCLING FINAL
REPORT. Motion carried, seven ayes.
6.15 Ferndale Road Street and Trail Improvements, City Project No. 6007
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-85 APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS, FERNDALE ROAD STREET AND
TRAIL IMPROVEMENTS, CITY PROJECT NO. 6007. Motion carried, seven ayes.
6.16 Payment No. 6 and Final, City Project No. 7023
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-86 REQUEST FOR PAYMENT NO.6 AND FINAL,
VICKSBURG LANE, 35'x' AND 36'x' AVENUE, TRAFFIC CONTROL SIGNAL
SYSTEM, CITY PROJECT NO. 7023. Motion carried, seven ayes.
6.17 1999 Crack Repair Program
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-87 APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS, 1999 CRACK REPAIR. Motion
carried, seven ayes.
6.18 Watershed Management Organization Appointments
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-88 APPOINTMENTS TO WATERSHED
MANAGEMENT ORGANIZATIONS. Motion carried, seven ayes.
Adopted City Council Minutes
February 16, 1999
Page 6
6.19 Letter of Intent to Metropolitan Energy Aggregation Group
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-89 APPROVING LETTER OF INTENT TO
METROPOLITAN ENERGY AGGREGATION GROUP. Motion carried, seven
ayes.
6.20 Tax Forfeit Parcel —1515 Weston Lane
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-90 RECOMMENDING ONE–YEAR DELAY OF
FURTHER TAX FORFEIT ACTION. Motion carried, seven ayes.
7.1 1998 Weed Eradication and Destruction
Finance Director Hahn presented the staff report on proposed assessments for 1999 Weed
Eradication and Destruction, Roll 2.
Mayor Tierney opened the public hearing. No one appeared, and the hearing was closed.
Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to
adopt RESOLUTION 99-91 ADOPTING ASSESSMENTS, 1998 WEED
ERADICATION AND DESTRUCTION, ROLL 2. Motion carried, six ayes; Harstad
abstained.
7.2 1998 Removal and Destruction of Diseased Trees, Roll 2
Finance Director Hahn presented the staff report on proposed assessments for 1999
removal and destruction of diseased trees, Roll 2.
Mayor Tierney opened the public hearing. No one appeared, and the hearing was closed.
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to
adopt RESOLUTION 99-92 ADOPTING ASSESSMENTS, 1998 REMOVAL AND
DESTRUCTION OF DISEASED TREES, ROLL 2. Motion carried, seven ayes.
7.3 Civil Penalty for Liquor Law Violation, Freedom Valu Center
Public Safety Director Gerdes said that this item and the following two agenda items
relate to first offense liquor law violations.
Mayor Tierney opened the public hearing to consider a civil penalty for the liquor law
violation relating to the off -sale 3.2 malt liquor license issued to Erickson Oil Projects,
Inc., d/b/a Freedom Valu Center, 12650 County Road 10.
Director Gerdes said that an incident of selling alcohol to an individual under the age of
21 occurred on August 7, 1998 (police case #98-28510). He explained the compliance
check that resulted in the illegal sale. The employee requested and checked the
identification, but then made the illegal sale. The employee pled guilty to a
Adopted City Council Minutes
February 16, 1999
Page 7
misdemeanor, which was reduced from a gross misdemeanor, and the court imposed a
fine of $210 on September 18. Notice of this hearing to consider a civil penalty was sent
to the owner and manager of Freedom Valu Center.
Councilmember Bildsoe asked if the Public Safety department has done compliance
training with this business. Director Gerdes responded that he does not have those
records this evening.
Brent VanderVorste, 12650 County Road 10, said that he has a zero tolerance for sale of
alcohol/tobacco to underage individuals. He said the cashier who made the illegal sale no
longer has a position with the company. He was not the store manager at the time of the
sale, and he has implemented changes since that time. Mr. VanderVorste said that signs
are posted at the door, as well as by the register. He reminds employees that they must
check identification for alcohol and tobacco sales. He has hired better employees and
conducts training with each one. There are also video cameras in the store. If he notices
that an employee does not check identification on a sale, he takes them aside and talks to
them.
Councilmember Bildsoe suggested that Mr. VanderVorste consider compliance training
from the Public Safety Department.
Councilmember Johnson asked about the zero tolerance policy.
Mr. VanderVorste said that Freedom Valu Center has a zero tolerance policy. The
employee who made the illegal sale signed a form when hired and was terminated
because of this violation.
Councilmember Harstad asked if Freedom Valu Center would consider the voluntary
surrender of their liquor license.
Mayor Tierney noted that the police report indicates that the employee said that the
company never trained them. She believes that the company should protect their
employees through providing adequate training. Otherwise, the company is subjecting a
young adult to a potential gross misdemeanor violation for making an illegal sale.
Councilmember Spigner asked when Mr. VanderVorste became the manager at this store.
Mr. VanderVorste responded that he became the manager in early September, and the
violation occurred in August.
Councilmember Johnson said that although a zero tolerance policy was in place at the
time of violation, she wants to encourage owners to do whatever is necessary to ensure
that future problems don't occur.
Adopted City Council Minutes
February 16, 1999
Page 8
Mayor Tierney closed the hearing.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to
adopt RESOLUTION 99-93 IMPOSING A CIVIL PENALTY AGAINST
ERICKSON OIL PRODUCTS, INC., d/b/a FREEDOM VALU CENTER FOR
LIQUOR COMPLIANCE CHECK VIOLATION, imposing $500 fine and 10 -day
license suspension.
Councilmember Bildsoe explained that the 10 -day suspension sends the message that the
City does not want this type of behavior to continue. He said that compliance with the
law is the goal; not to raise money for the City.
Councilmember Johnson questioned the consistency of the penalty, since the Council
previously imposed a harsher penalty.
Councilmember Spigner said that the City Council is allowed flexibility in considering
the appropriate penalty for each case.
Motion to amend was made by Councilmember Johnson, seconded by Councilmember
Spigner, to impose a $1,000 fine and a 10 -day license suspension.
Councilmember Johnson stated a strong policy was not in place when the offense
occurred. She believes that a company must do more training than to require an
employee to sign a form at the time of hiring.
Councilmember Bildsoe said that when a clerk makes an illegal sale to a minor, the clerk
is charged with a gross misdemeanor and must go through the arrest and court process,
followed by a penalty. He believes the Council is very lenient with the penalties imposed
against the business compared to the clerk who makes the sale.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to
call the question. Motion carried, seven ayes.
Vote on the amendment carried: Johnson, Harstad, Black, and Spigner ayes; Bildsoe,
Slavik, and Tierney nays.
Mayor Tierney said she believes that the Council should follow the presumptive
penalties, rather than developing findings of fact with each action.
Councilmember Johnson noted that the City Council is allowed to impose a license
suspension of up to 60 -days. She believes that a 10 -day suspension is appropriate, but is
willing to consider the entire issue in a future study session.
Adopted City Council Minutes
February 16, 1999
Page 9
Motion was made by Councilmember Black, seconded by Councilmember Spigner, to
call the question. Motion carried, seven ayes.
Main motion carried, seven ayes.
Staff was directed to prepare findings of fact for consideration by the City Council at the
next meeting.
7.4 Civil Penalty for Liquor Law Violation, Rainbow Foods #58
Mayor Tierney opened the public hearing at 8:10 p.m. to consider a civil penalty for the
liquor law violation relating to the off -sale 3.2 malt liquor license issued to Fleming
Companies, Inc., d/b/a Rainbow Foods #58, 4190 Vinewood Lane.
Director Gerdes said that an incident of selling alcohol to an individual under the age of
21 occurred on July 30, 1998, (police case #98-27352). 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 $210 on
October 1, 1998. Notice of this hearing to consider a civil penalty was sent to the owner
and manager of Rainbow Foods #58.
Councilmember Spigner asked if this incident and the subsequent incident regarding the
Rainbow Foods at 10200 6" Avenue North occurred on the same date.
Director Gerdes responded yes. A number of compliance checks were conducted on the
same day.
Rainbow Foods Manager Mike Lawrence appeared with Michelle Wold, current head
cashier, and Pam, the former head cashier. Ms. Wold explained that cashiers undergo a
15 -hour training program, which includes training via computer, book, and video. All
components address the issue of sales of alcohol and tobacco. Ms. Wold said that since
this incident occurred, Rainbow has installed a new computer program which requires the
cashier to enter the month, day, and year of birth of an individual making a tobacco or
alcohol purchase. The system will say "restricted" if the person is not of legal age to
purchase the product. This computer system was installed in August, the month
following this incident. She said that the cashier who made the illegal sale was nervous
in her first day on the job and made a mistake. She quit following this incident.
Mayor Tierney asked what action is taken when the City sends notice that compliance
checks will be done.
Ms. Wold said they have passed several compliance checks subsequent to this incident.
Signs are posted on the registers.
Adopted City Council Minutes
February 16, 1999
Page 10
Councilmember Johnson asked if the cashier who made the sale had information that
there would be compliance checks at the time of the incident.
Ms. Wold said the cashier had received training.
Councilmember Slavik asked if a cashier could still make a sale if the register says
restricted."
Ms. Wold responded that they could do so. She added that they have contacted the police
when someone has attempted to purchase tobacco for an underage youth. Mr. Lawrence
said the training videos include various scenarios regarding liquor and tobacco sales to
minors.
Public Safety Director Gerdes said that no action was brought against the licensed
establishment in a previous situation where a clerk intentionally overrode the requirement
to enter the birth date and made an illegal sale.
Councilmember Johnson asked if it is a condition of employment not to sell to minors.
Ms. Wold responded yes. The new employee signs a statement, which is covered with
them in their orientation training.
Councilmember Johnson said that the Rainbow representatives have indicated this
incident occurred because of a new cashier who was nervous. The installation of the new
computer should ensure that it will not happen again in the future because all tobacco and
alcohol purchases require a date of birth to be entered by the cashier.
Mayor Tierney closed the hearing.
Motion was made by Councilmember Johnson to adopt a resolution imposing a $500 fine
and a 5 -day license suspension. The motion died for lack of a second.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to
adopt RESOLUTION 99-94 IMPOSING A CIVIL PENALTY AGAINST
FLEMING COMPANIES, INC. d/b/a RAINBOW FOODS FOR LIQUOR
COMPLIANCE CHECK VIOLATION, imposing a $500 fine and a 10 -day license
suspension.
Councilmember Bildsoe stated that compliance is the desired result. The business has
done a great job working on this issue, but they still sold alcohol to a minor and a penalty
needs to be paid. This is a small penalty compared to the process and penalty imposed on
the clerk who made the sale.
Adopted City Council Minutes
February 16, 1999
Page 11
Councilmember Johnson supported the motion. She said that a smaller fine is justified in
this case because the business has worked hard to correct the situation.
Mayor Tierney said she supports the ordinance presumptive penalty on this violation.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to
call the question. Motion carried, seven ayes.
Motion carried: six ayes; Tierney nay.
Staff was directed to prepare findings of fact for consideration by the City Council at the
next meeting.
7.5 Civil Penalty for Liquor Law Violation, Rainbow Foods #51
Mayor Tierney opened the public hearing to consider a civil penalty for the liquor law
violation relating to the off -sale 3.2 malt liquor license issued to Fleming Companies,
Inc., d/b/a Rainbow Foods #51, 10200 6'h Avenue North.
Director Gerdes said that an incident of selling alcohol to an individual under the age of
21 occurred on July 30, 1998, (police case #98-27360). 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 $210 on
December 2, 1998. Notice of this hearing to consider a civil penalty was sent to the
owner and manager of Rainbow Foods #51. This was a first violation for this licensee at
this location.
Mike Lawrence, Rainbow Store Manager, said that all Rainbow Stores conduct the same
training and have identical policies regarding the sale of alcohol and tobacco. ,He said
that registers have now been installed at this store to prompt the clerk to enter the birth
date of the person making an alcohol or tobacco sale. The employee who made the sale
on July 30, 1998, is still with the company, following corrective action. He said that an
employee is not terminated for a first offense. It is the company's responsibility to do
retraining and ongoing training to ensure it does not occur again. Any future offense by
the same person, would result in termination.
Councilmember Spigner asked if Mr. Lawrence had received notice that the compliance
checks would be done, and how that information was relayed to his staff.
Mr. Lawrence said that clerks are notified of the compliance checks when they come in to
operate a register. He said the store is not notified of the date a check will occur.
Councilmember Slavik noted that in the July 30 incident, the cashier checked the
identification and the birth date was 1978. The clerk did not check the month and day of
Adopted City Council Minutes
February 16, 1999
Page 12
birth, but thought the person should be old enough. She said that driver licenses for
individuals under the age of 21 are a different color.
Mr. Lawrence said the exact date to check identification is posted at each register. The
clerk made an error in calculating the date. He said the issue of the different color on the
identification is not included in Rainbow's training manual, and he will make the
suggestion to the company to amend the manual to include that information.
Mayor Tierney closed the hearing.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-95 IMPOSING A CIVIL PENALTY AGAINST
FLEMING COMPANIES, INC., d/b/a RAINBOW FOODS FOR LIQUOR
COMPLIANCE CHECK VIOLATION, imposing a $500 fine and a 10 -day license
suspension.
Motion was made by Councilmember Johnson, seconded by Councilmember Black, to
call the question; Motion carried, seven ayes.
Main motion carried, six ayes; Tierney nay.
Mayor Tierney said that she would prefer to follow the presumptive penalties on this
incident.
Staff was directed to prepare findings of fact for consideration by the City Council at the
next meeting.
Public Safety Director Gerdes advised the City Council that there are 12 additional
compliance check liquor law violations to come before the Council for consideration of
civil penalty.
Councilmember Johnson suggested that the next round of violations be forwarded to the
Youth Advisory Council for their input.
Mayor Tierney said the violations could also be sent to the Public Safety Advisory Board
for comment.
Councilmember Johnson said she supports sending the violations to both advisory bodies
to receive their comments for the Council to consider on future violations.
Mayor Tierney said she is uncomfortable that the Council is not following the
presumptive penalties in the ordinance.
Adopted City Council Minutes
February 16, 1999
Page 13
Councilmember Spigner said the Council has reasons for the civil penalties imposed that
are in the findings of fact. She said the Council can review the entire issue of
presumptive penalties in an upcoming study session.
Mayor Tierney said that if the Council is going to discuss the liquor ordinance and
presumptive penalties at a future study session, then the issue does not need to be
forwarded to the Public Safety Advisory Board.
Councilmember Bildsoe directed staff to place the liquor ordinance on a Council study
session following completion of the next 12 hearings to consider civil penalties for liquor
law violations.
8.1 Comprehensive Plan Update
Community Development Director Hurlburt presented the staff report on a proposed
contract with SRF Consulting Group, Inc., for work on a Comprehensive Plan Update.
She also suggested that the Council set the following dates for joint work sessions of the
City Council and Planning Commission to discuss and review various elements of the
draft plan: March 31, May 25, July 27, August 31. She said the Comprehensive Plan is
proposed to be submitted to the Metropolitan Council by December 1999.
Councilmember Johnson asked if the proposed estimate of $275,000 is reasonable and in
line with the work required for the project.
Director Hurlburt said the initial estimate was higher, but the work was scaled back to
achieve completion of the project by December 31. If additional public process or the
project scope is amended by the Council, staff will return to the Council with a revised
contract and timeline.
Councilmember Bildsoe said this is an aggressive schedule with a lot of input from many
people. He asked if staff believes the schedule can be achieved.
Director Hurlburt responded that it is the desire to have a product by year end. SRF has
committed the resources necessary to achieve this goal.
Charlene Zimmer, Principal for SRF, and Kim Lee, Senior Planner, were present. Ms.
Zimmer said there are 120 people on the SRF staff, many of whom work on community
planning, park and recreation planning, environmental planning, and transportation
planning. SRF has done comprehensive plans for other communities and will commit the
resources necessary to meet the schedule. She described the major elements of the
Comprehensive Plan.
Councilmember Harstad suggested that the 10 percent project contingency could be
designated to be paid to SRF as an additional incentive if the project is completed by
December 15.
Adopted City Council Minutes
February 16, 1999
Page 14
Ms. Zimmer said that SRF will make their best effort to keep the project on schedule and
meet the deadline, regardless of incentive pay.
Manager Johnson said the City may have good governmental reasons to slow down the
project. He said that an incentive payment could cause a conflict between the consultant
and the staff if the City Council determines there are good reasons to extend the project
completion.
Councilmember Johnson agreed that an incentive payment is not a good idea in this
situation. She noted that if the project is slowed down, the reason would likely relate to
an increase in public process.
Councilmember Black concurred and stated that City employees will be working equally
hard on this project and will not receive any incentive.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to
adopt RESOLUTION 99-96 DESIGNATING SRF CONSULTING GROUP, INC.,
AS CONSULTANTS FOR THE COMPREHENSIVE PLAN UPDATE. Motion
carried, seven ayes.
Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to
establish special meetings for joint work sessions with the Planning Commission to
discuss and review various elements of the draft Comprehensive Plan on the following
dates: March 31, May 25, July 27, and August 31.
Mayor Tierney asked if the August 31 meeting could be moved to August 24.
City Manager Johnson said that August 10 and 24 will likely be the dates for the budget
study sessions.
Motion carried, seven ayes.
8.2 Final Plat, Site Plan, and Conditional Use Permit for Activity Center
Community Development Director Hurlburt presented the staff report on the application
of the City of Plymouth for final plat, site plan and conditional use permits for an activity
center and field house located north of 34`h Avenue between Plymouth Blvd. and
Fernbrook Lane. The Planning Commission recommended approval of the applications.
One resident attended the public hearing. Notice was mailed to the same residents who
received notice of the information meetings held prior to the referendum.
Del Erickson, project architect, discussed the design concept of the facilities and the site.
Adopted City Council Minutes
February 16, 1999
Page 15
Councilmember Black was pleased that surface water is proposed to be used for watering
on the site.
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-97 APPROVING FINAL PLAT FOR THE CITY OF
PLYMOUTH FOR "PLYMOUTH COMMUNITY CENTER" LOCATED NORTH
OF 34TH AVENUE BETWEEN PLYMOUTH BOULEVARD AND FERNBROOK
LANE (98153). Motion carried, seven ayes.
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-98 APPROVING SITE PLAN AND CONDITIONAL USE
PERMITS FOR THE CITY OF PLYMOUTH FOR AND ACTIVITY CENTER
AND FIELDHOUSE ON PROPERTY LOCATED NORTH OF 34TH AVENUE
BETWEEN PLYMOUTH BOULEVARD AND FERNBROOK LANE (98153).
Motion carried, seven ayes.
9.1 Legislative Issues
City Manager Johnson advised the Council of two bills that would restrict cities' ability to
regulate gun ranges.
Councilmember Bildsoe reported that Mayor Tierney, Councilmember Johnson, and he
had spent a day at the legislature. He said a follow-up visit is proposed to promote
initiatives benefiting the City.
Councilmember Spigner requested a status report from the Public Safety Advisory Board
on City Court.
9.2 Eagle Lake Park
Councilmember Black expressed opposition to the golf course portion of the Eagle Lake
Park proposal. The Suburban Hennepin Regional Park District Board will consider
whether to move forward with final plans and bid specifications on Thursday evening,
and she believes the Council should provide input at this time. Councilmember Black
suggested that the City recommend that the Park District consider all active recreational
options for the site and that they delay action until that is accomplished. She also
recommended that the Park District consider deleting the nine -hole golf course and
possibly adding a skatepark on the site.
Councilmember Johnson noted that John Barton indicated at the earlier study session that
everything in the Eagle Lake Park development proposal will meet or exceed the City's
water quality requirements. She would also like the Park Board to consider alternatives.
Mayor Tierney suggested that a horse stable could also be a possible use on the site, but
acknowledged that other sites might be more feasible.
Adopted City Council Minutes
February 16, 1999
Page 16
Councilmember Black said the Park District previously adopted a policy that the park
system should be self sufficient. This would be achieved through their enterprise
facilities. She believes this policy places undue pressure on the Park District areas
remaining to be developed to pay for themselves and minimizes the options for more
passive recreation facilities.
Councilmember Spigner suggested that a petting zoo be considered on the site. She
believes there is a government trend toward paying for services and self-sufficiency and
cited the example of Hennepin County operating a driving range on the work house
property.
Mayor Tierney said she is hesitant to formulate Council opinion on the Park District
proposal because the City Council has not had an opportunity to fully study the issue.
Community Development Director Hurlburt explained that if the Park District moves
forward with their proposal, the City Council will likely review the Environmental
Assessment Worksheet (EAW) in April. She said the Park District has indicated that they
will voluntarily submit an EAW; however, the City's interpretation of the rules is that an
EAW would be required for this proposal. The City Council would determine from the
EAW whether an Environmental Impact Statement is needed. When the environmental
process is completed, the Park District would apply for site plan and conditional use
permit approvals.
Park Director Blank suggested that the City Council should at some point consider the
correlation between the City park facilities and the regional park facilities in this area.
The Comprehensive Plan creates a hierarchy to ensure that services are not duplicated and
that trails are linked for maximum use and efficiency. He discussed the amenities
provided in several nearly city parks.
Councilmember Johnson agreed that recreational facilities and services should not be
duplicated. She said the Park and Recreation Advisory Commission work plan indicates
that in the event the private golf courses in the City discontinue operating, the City should
attempt to purchase. If a golf course is developed by the Park District, the City may not
need or want to do that in the future.
Councilmember Black concurred that if the Park District develops a golf course with
public funds, the City should not do a similar project nearby.
Motion was made by Councilmember Black, seconded by Councilmember Johnson, to
request that the Park District explore all options for recreational activities on the site prior
to making the decision to move forward with the project and order preparation of final
plans and specifications.
Adopted City Council Minutes
February 16, 1999
Page 17
Mayor Tierney said it would be difficult for the Park District to consider all possible
options. She would like to know where the City fits in the process.
Councilmember Johnson suggested that the City could provide a copy of these minutes to
the Park District so that all comments are considered. She said it has been difficult for
the City Council that residents brought this issue forward, and she wishes that the Park
District had brought the proposal to the City earlier.
Councilmember Spigner said she would support offering a suggestion that the Park
District consider additional options before approving the plans, but expressed concern
about appearing to tell another governmental body what to do.
Councilmember Bildsoe supported the recommendation to forward the minutes to the
Park District Board prior to their Thursday meeting. Mayor Tierney added that council
members can also attend that meeting.
Councilmember Black said that it is important that the City's opinion about the proposal
be submitted as part of the public comment period. She has concerns about the
notification process used by the Park District. She said the proposed development was
first publicly noticed in mid-November, and she learned of the project from a constituent.
She said the Park Board often mentions that this is a regional park, but they mailed notice
only to those owners immediately abutting the site.
Motion to substitute was made by Councilmember Johnson, seconded by Mayor Tierney,
to forward the minutes of this meeting to the Park District.
Manager Johnson suggested an alternative motion that as planning proceeds on the Eagle
Lake Park Special Recreation Area, the Plymouth City Council encourages the Park
District to maintain flexibility to add amenities to the plan desired by residents or
members of the City Council that can be used by a wide variety of people.
Councilmember Black said that is it her feeling that the Park District has not given
credibility to the comments they have received to date, and she doesn't have faith in them
incorporating the comments into their process.
Substitute motion to send the minutes of this meeting carried: Bildsoe, Johnson, Slavik,
Harstad, and Tierney ayes; Spigner and Black nays. Main motion carried, seven ayes.
Motion was made by Councilmember Johnson, seconded by Councilmember Black, to
adjourn the meeting at 9:45 p.m. Motion carried, seven ayes.
Adopted City Council Minutes
February 16, 1999
Page 18
Attachment A
CITY OF PLYMOUTH
FINDINGS OF FACT AND DECISION
City of Plymouth Liquor
Licensing Complaint Against
Broadway Station Pizza
On February 2, 1999, 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 1998. 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. C.I.A.O. Inc. d/b/a Broadway Station Pizza ("Broadway") is the holder of an on -sale
3.2 percent malt liquor license issued pursuant to Plymouth City Code Section 1206.
2. Broadway is located at 4190 Vinewood Lane in the City of Plymouth.
3. On June 5, 1998, Broadway employee Abby Phillips sold a Miller Genuine Draft
Light beer to a person who was under twenty-one years of age. Abby Phillips did not ask
to see identification, nor did she ask the date of birth of the underage person.
4. Abby Phillips'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 August 20, 1998, Abby Phillips plead guilty to selling alcoholic
beverages to an underage person in violation of Minnesota Statute 340A.503, Subd. 2(1).
7. On January 22, 1999, Broadway was notified in compliance with law of the above
violation, and informed that an administrative hearing would be held before the City
Council on February 2, 1999.
8. The Notice informed Broadway that civil sanctions would be considered as a result of
the violation.
9. Broadway received the Notice and its representatives attended the February 2, 1999
City Council meeting. The representative admitted at the hearing that the violation
occurred.
Adopted City Council Minutes
February 16, 1999
Page 19
Attachment A
10. There are no mitigating circumstances that excuse the violation.
DECISION
1. Broadway's on -sale 3.2 percent malt liquor license is suspended for five (5)
consecutive days, to be determined at the discretion of the City.
2. Broadway shall pay a civil sanction to the City in the amount of Five Hundred and
No/100 Dollars ($500.00) by March 1, 1999.
3. The civil sanction imposed herein constitutes Broadway's first violation and first
appearance before the City Council, pursuant to City Code Section 1206.22.
Dated: February 16, 1999.
Adopted City Council Minutes
February 16, 1999
Page 20
Attachment B
CITY OF PLYMOUTH
FINDINGS OF FACT AND DECISION
City of Plymouth Liquor
Licensing Complaint Against
Red Pepper Restaurant
On February 2, 1999, 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 1998. 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. Kiang's Inc. d/b/a Red Pepper Restaurant ("Red Pepper") is the holder of a wine
license and an on -sale 3.2 percent malt liquor license issued pursuant to Plymouth City
Code Section 1206.
2. Red Pepper is located at 187 Cheshire Lane North in the City of Plymouth.
3. On June 6, 1998, Red Pepper employee Man Ying Ng sold a glass of white Zinfandel
wine to a person who was under twenty-one years of age. Man Ying Ng did not ask to
see identification, nor did he ask the date of birth of the underage person.
4. Man Ying Ng's sale of wine 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 July 27, 1998, Man Ying Ng plead guilty to selling alcoholic beverages to
an underage person in violation of Minnesota Statute 340A.503, Subd. 2(1).
7. On January 22, 1999, Red Pepper was notified in compliance with law of the above
violation, and informed that an administrative hearing would be held before the City
Council on February 2, 1999.
8. The Notice informed Red Pepper that civil sanctions would be considered as a result
of the violation.
Adopted City Council Minutes
February 16, 1999
Page 21
Attachment B
9. Red Pepper received the Notice and its representatives attended the February 2, 1999
City Council meeting. The representative admitted at the hearing that the violation
occurred.
10. There are no mitigating circumstances that excuse the violation.
DECISION
1. Red Pepper's wine license and on -sale 3.2 percent malt liquor license are suspended
for five (5) consecutive days, to be determined at the discretion of the City.
2. Red Pepper shall pay a civil sanction to the City in the amount of Five Hundred and
No/100 Dollars ($500.00) by March 1, 1999.
3. The civil sanction imposed herein constitutes Red Pepper's first violation and first
appearance before the City Council, pursuant to City Code Section 1206.22.
Dated: February 16, 1999.
Adopted City Council Minutes
February 16, 1999
Page 22
Attachment C
CITY OF PLYMOUTH
FINDINGS OF FACT AND DECISION
City of Plymouth Liquor
Licensing Complaint Against
Holiday Stationstore #220
On February 2, 1999, 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 1998. 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. Holiday Stationstore #220 ("Holiday #220") is the holder of an off -sale 3.2 percent
malt liquor license issued pursuant to Plymouth City Code Section 1206.
2. Holiday #220 is located at 10100 Highway 9 in the City of Plymouth.
3. On April 10, 1998, Holiday #220 employee James Llerena sold a six-pack of
Michelob beer to a person who was under twenty-one years of age. James Llerena did
not ask to see identification, nor did he ask the date of birth of the underage person.
4. James Llerena'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 May 29, 1998, James Llerena plead guilty to selling alcoholic beverages
to an underage person in violation of Minnesota Statute 340A.503, Subd. 2(1).
7. On January 22, 1999, Holiday #220 was notified in compliance with law of the above
violation, and informed that an administrative hearing would be held before the City
Council on February 2, 1999.
8. The Notice informed Holiday #220 that civil sanctions would be considered as a result
of the violation.
9. Holiday #220 received the Notice and its representatives attended the February 2,
1999 City Council meeting. The representative admitted at the hearing that the violation
occurred.
Adopted City Council Minutes
February 16, 1999
Page 23
10. There are no mitigating circumstances that excuse the violation.
DECISION
1. Holiday #220's off -sale 3.2 percent malt liquor license is suspended for ten (10)
consecutive days, to be determined at the discretion of the City.
2. Holiday #220 shall pay a civil sanction to the City in the amount of One Thousand and
No/100 Dollars ($1,000.00) by March 1, 1999.
3. The civil sanction imposed herein constitutes Holiday #220's first violation and first
appearance before the City Council, pursuant to City Code Section 1206.22.
Dated: February 16, 1999.