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HomeMy WebLinkAboutCity Council Minutes 03-02-1999Adopted Minutes Regular Council Meeting March 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 March 2, 1999. Webelo Pack 126 led the Pledge of Allegiance. COUNCIL PRESENT: Mayor Tierney; Councilmembers Slavik, Spigner, Harstad, Johnson, and Bildsoe. ABSENT: Councilmember Black. STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Ahrens. 3 Forum John Gammell, 941 Zanzibar Lane, requested installation of a stop sign at Carlson Parkway and Gleason Lake Drive between the two westbound lanes on Carlson Parkway. He said that many drivers in the two westbound center lanes on Carlson Parkway at the intersection with Gleason Lake Drive fail to stop for the stop signs at this four-way stop intersection. Personal injury accidents occurred at this intersection on January 28 and February 13, and two property damage accidents have also occurred at this intersection during 1998. He presented information on the physical layout of the intersection, and said that the trees near the intersection and truck traffic can impede visibility of the existing stop signs. Public Works Director Moore said the City has temporarily installed stop signs in the center of the roadway in other locations of new stop signs in the City, as well as signs for advance notice of the stop. Staff will check this situation, consider Mr. Gammell's request, and report back to the Council. 4.1 Annual Human Rights Award City Clerk Ahrens announced that the Plymouth Human Rights Commission has voted to present the 1998 Plymouth Human Rights Award to Plymouth resident Judy Witebsky. Human Rights Commissioner Becky Malinsky read the nomination. Mayor Tierney and Councilmember Spigner presented the 1998 Human Rights Award to Judy Witebsky. 4.2 Recognize Prudential Spirit of Community Honoree City Clerk Ahrens announced that Susan Kasper has been named as Honoree for the Prudential Spirit of Community Award. Mayor Tierney recognized Susan Kasper for her volunteer service at Plymouth Towne Square. Councilmember Slavik commended Susan for her work with residents. Adopted City Council Minutes March 2, 1998 Page 2 4.3 Public Safety Contributions Councilmember Bildsoe reported on the annual Public Safety Recognition event held on February 25. 4.4 Plymouth Job Fair Mayor Tierney announced that the Third Annual Reverse Commuter Job Fair will be held on March 11. 5 Approve Agenda Councilmember Johnson requested addition of agenda items on a town meeting and initiating a Citizen Award and Youth Award. Mayor Tierney requested an updated on the Eagle Lake Park project. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to approve the agenda as amended. Motion carried, six ayes. 6 Consent Agenda City Manager Johnson recommended that Item 6.04 be postponed to the next regular meeting. Items 6.03 and 6.18 were removed from the Consent Agenda. Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to approve the consent agenda as amended, and postponing Item 6.04 to March 16. Motion carried, six ayes. 6.01 Approve Minutes Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to approve the February 2 regular meeting minutes and the February 25 special meeting minutes. Motion carried, six ayes. 6.02 Approve Disbursements Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt RESOLUTION 99-99 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING FEBRUARY 19, 1999. Motion carried, six ayes. 6.05 Adopt Findings of Fact for Civil Penalties for Liquor Law Violations Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt Findings of Fact for the following Liquor Law Violation Penalties: Erickson Oil Products d/b/a Freedom Valu Center, 12650 County Road 10 (Attachment A); Fleming Companies, Inc., d/b/a Rainbow Foods, 10200 6h Avenue North (Attachment B); Fleming Companies, Inc., d/b/a Rainbow Foods, 4190 Vinewood Lane (Attachment Q. Motion carried, six ayes. Adopted City Council Minutes March 2, 1998 Page 3 6.06 Final Plat in Quail Hollow 2"d Addition (99007) Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt RESOLUTION 99-100 APPROVING FINAL PLAT FOR CONTRACTOR PROPERTY DEVELOPERS COMPANY FOR PROPERTY LOCATED NORTH OF SCHMIDT LAKE ROAD AT TRENTON PLACE (99007). Motion carried, six ayes. 6.07 Variance for Raymond Rasmussen (99001) Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt RESOLUTION 99-101 APPROVING A VARIANCE TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD FOR RAYMOND RASMUSSEN FOR PROPERTY LOCATED AT 440 WESTON LANE NORTH (99001). Motion carried, six ayes. 6.08 Agreement with Minnetonka for Kingsview Lane Improvements, Project 9002 Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt RESOLUTION 99-102 APPROVING AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND THE CITY OF MINNETONKA RELATING TO THE CONSTRUCTION OF KINGSVIEW LANE, PLYMOUTH PROJECT NO. 9002. Motion carried, six ayes. 6.09 Final Payment for 1998 Seal Coat Program Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt RESOLUTION 99-103 REQUEST FOR PAYMENT NO.2 AND FINAL, 1998 SEAL COAT PROGRAM. Motion carried, six ayes. 6.10 Contract for Zachary Lane Landscaping Improvements, Project 5030 Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt RESOLUTION 99-104 AWARDING BID, ZACHARY LANE LANDSCAPE IMPROVEMENTS PROJECT, CITY PROJECT NO. 5030. Motion carried, six ayes. 6.11 Street Sweeping Contract for 1999 Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt RESOLUTION 99-105 APPROVAL OF CONTRACTUAL STREET SWEEPING SERVICES FOR THE SPRING OF 1999. Motion carried, six ayes. 6.12 Purchase of Replacement Mowers Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt RESOLUTION 99-106 APPROVAL OF PURCHASE ONE NEW CURRENT MODEL TORO 580D 16' MOWER AND TORO 325D 72" MOWER/SWEEPER MACHINE. Motion carried, six ayes. Adopted City Council Minutes March 2, 1998 Page 4 6.13 Purchase Vehicles Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt RESOLUTION 99-107 APPROVAL TO PURCHASE SEVEN PICKUP TRUCKS, TWO UTILITY VEHICLES, AND TWO SEDANS. Motion carried, six ayes. 6.14 Landscape Partnership with MnDOT, Project 7011 Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt RESOLUTION 99-108 AUTHORIZING THE CITY OF PLYMOUTH'S APPLICATION FOR THE MINNESOTA DEPARTMENT OF TRANSPORTATION'S COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM. Motion carried, six ayes. 6.15 Limited Use Permit for County Road 9 Pedestrian Bridge, Project 5012 Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt RESOLUTION 99-109 APPROVING MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) LIMITED USE PERMIT FOR THE CONSTRUCTION OF A PEDESTRIAN BRIDGE ALONG COUNTY ROAD 9 OVER I-494, CITY PROJECT NO. 5012. Motion carried, six ayes. 6.16 Traffic Signal Agreement, Schmidt Lake Road Ramps to Highway 169, Project 8039 Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt RESOLUTION 99-110 TRAFFIC SIGNAL AGREEMENT, SCHMIDT LAKE ROAD AND HIGHWAY 169, CITY PROJECT NO. 8039. Motion carried, six ayes. 6.17 Fire Code Variance (99012) Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt RESOLUTION 99-111 APPROVING FIRE LANE VARIANCE FOR CARLSON REAL ESTATE FOR THE PROPOSED DAYCARE BUILDING SOUTH OF CO. RD. 6 WEST OF XENIUM LANE AND EAST OF I494 (99012). Motion carried, six ayes. 6.19 Establish Special Council Meeting Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to establish March 9 at 7 p.m. as a Special Council meeting with the following topics: New Newsletter format, Use of City facilities and equipment, Youth Curfew Ordinance, RV Ordinance, Streetscape Plan, and Seal Coating Program. Motion carried, six ayes. 6.20 Approve 1999 Contribution to Home Free Shelter Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to approve the 1999 contribution of $33,000 to Home Free Shelter. Motion carried, six ayes. 6.21 Award Bids for Playground Equipment Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt RESOLUTION 99-112 APPROVAL OF LACOMPT PARK PLAY EQUIPMENT. Motion carried, six ayes. Adopted City Council Minutes March 2, 1998 Page 5 Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt RESOLUTION 99-113 APPROVAL OF GREEN OAKS PARK PLAY EQUIPMENT. Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt RESOLUTION 99-114 APPROVAL OF TURTLE LAKE PARK PLAYGROUND. Motion carried, six ayes. 6.22 Financial Close Out of Park Projects Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to adopt RESOLUTION 99-115 DESIGNATING FINAL FUNDING FOR PARK IMPROVEMENT PROJECTS. Motion carried, six ayes. 7.1 Vacation of portion of Pineview Lane Public Works Director Moore presented the staff report on the proposed vacation of a portion of Pineview Lane street right-of-way in Bass Lake Highlands. Mayor Tierney opened the public hearing at 7:33 p.m. No one appeared and the hearing was closed. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to adopt RESOLUTION 99-116 AUTHORIZING THE VACATION OF PART OF PINEVIEW LANE STREET RIGHT-OF-WAY, BASS LAKE HIGHLANDS. Motion carried, six ayes. 7.2 Civil Penalty for Liquor Law Violation of TGI Friday's of MN Inc., d/b/a Italianni's Mayor Tierney opened the public hearing to consider a civil penalty for the liquor law violation relating to the on -sale intoxicating liquor license issued to TGI Friday's of MN Inc., d/b/a Italianni's, 220 Carlson Parkway. Director Gerdes said that an incident of selling alcohol to an individual under the age of 21 occurred on August 12, 1998 (police case #98-29232). He explained the compliance check that resulted in the illegal sale. Two employees were involved in taking the order, and Jennifer Lynn Strick, the employee who served the alcohol, was charged for making'the illegal sale. The City Attorney suspended prosecution on November 13, with a fine of $100 and no same or similar offenses. Notice of this hearing to consider a civil penalty was sent to the owner and manager of Italianni's. Rick Boissolie, Manager of Italiani's, said that over 80 percent of their business is in food. The establishment is not a free-standing bar or nightclub. He said that discussions are held with employees about liquor sales, and there is ongoing training. All employees are given a course on responsible liquor serving. His goal is to educate the staff about responsibly serving alcohol. He said a suspension would have a very detrimental impact on the business, and they may have to lay off employees. Adopted City Council Minutes March 2, 1998 Page 6 Councilmember Bildsoe said that this incident involved two employees and neither of them asked to check identification. Mr. Boissolie explained that the bartender who took the drink order is no longer employed at Italianni's. After taking the drink order, the bartender asked the server to deliver the drink. The server assumed that identification had been properly checked. He said that their policy has been reiterated with employees that the person who takes the order must check identification. Councilmember Bildsoe said that if the liquor license were suspended, Italianni's could still remain open for serving food, which generates the majority of their business. Councilmember Johnson said that she believes both employees involved in this incident should have checked identification. She asked if Mr. Boissolie has considered doing in-house compliance checks. Mr. Boissolie said he will consider that idea. Public Safety Director Gerdes advised that the licensee should contact the police department before instituting in-house compliance checks for legal reasons. Councilmember Harstad asked if each employee is required upon hire to sign a written policy that clearly explains the consequence for violation. Mr. Boissolie responded that each employee must pass an exam during their two-week training process, and the written test is placed in their file. He said the consequence for illegal sales can include termination. Mayor Tierney asked how Mr. Boissolie advised his employees that compliance checks would be conducted. She also asked if they have considered installing electronic devices to check identification. Mr. Boissolie did not recall receiving notice that compliance checks would be conducted and he is unaware of the electronic devices. Councilmember Johnson said that the licensee knew the rules. She hopes that the licensee does not layoff employees due to this incident. She asked what is done to reinforce training. Mr. Boissolie said that liquor service is a common topic in the pre -shift meetings. Also, in order to get a discount card, an employee is re -tested. He said it is likely that all employees will be re- tested. Councilmember Spigner expressed concern about having more than one individual involved in taking and serving an order and asked if this is typical at this establishment. Adopted City Council Minutes March 2, 1998 Page 7 Mr. Boissolie said it rarely occurs. Typically the employee who takes the order would also deliver the drink. Mayor Tierney said the police department is willing to assist with employee training on this issue. She asked if this business has worked with the police department? Mr. Boissolie said he has been with the restaurant for one year, and they have not worked on the issue with the police department. Mayor Tierney closed the public hearing. Motion was made by Councilmember Bildsoe, seconded by Councilmember Slavik, to adopt RESOLUTION 99-117 IMPOSING A CIVIL PENALTY AGAINST TGI FRIDAY'S OF MN, INC. d/b/a ITALIANNI'S FOR LIQUOR COMPLIANCE CHECK VIOLATION, imposing a $500 fine and 5 -day license suspension. Mayor Tierney said she favor imposing the presumptive penalty of a three-day suspension. Councilmember Bildsoe stated the proposed penalty would be consistent with other similar restaurant situations. He believes the three-day presumptive suspension is a minimum penalty, from which the Council can vary. He said that one of the things that a licensee agrees to by receiving a license is to be liable for all acts of their employees. This penalty is a message that liquor licensees in Plymouth are responsible for the acts of their employees. Councilmember Slavik agreed that the ordinance establishes a minimum presumptive penalty, and the Council can amend the penalty as appropriate. Councilmember Spigner supported a higher fine and longer suspension period as no identification was checked in this incident. Motion to amend was made by Councilmember Johnson, seconded by Councilmember Spigner, to impose a $1,000 fine and 5 -day liquor license suspension. Councilmember Spigner asked if the business paid the $100 fine that was imposed by the district court on the clerk who made the sale. Mr. Boissolie responded that the business did not pay the fine for the employee. Motion to amend carried, six ayes. Main motion carried, six ayes. The Council directed staff to prepare findings of fact for consideration at the next meeting with regard to the penalty imposed. Adopted City Council Minutes March 2, 1998 Page 8 7.3 Civil Penalty for Liquor Law Violation, Chili's of MN Inc. Mayor Tierney opened the hearing at 8:06 p.m. to consider a civil penalty for the liquor law violation relating to the on -sale intoxicating liquor license issued to Chili's of MN Inc., d/b/a Chili's Southwest Bar & Grill, 4000 Vinewood Lane. Director Gerdes said that an incident of selling alcohol to an individual under the age of 21 occurred on November 6, 1998 (police case #98-40475). He explained the compliance check that resulted in the illegal sale. The bartender, Robert Alan Donovan, took the order and served the alcohol, and was charged for making the illegal sale. The defendant pled guilty to a misdemeanor, which was reduced from a gross misdemeanor, and a $210 fine was imposed by the court. Notice of this hearing was mailed to the owner and manager of Chili's. David Pollock represented Chili's. Mr. Pollock said that the employee who made the illegal sale, Robert Donovan, was terminated that night following the incident. Chili's staff was notified that night of the incident and the termination, and the next day a procedure was implemented to ID anyone requesting to purchase alcohol who is 40 or younger. Mr. Pollock explained that new employees view an alcohol video and sign an employment at will notice for serving to minors or improper ID checks. New employees also participate in a liquor server training program and take a test. A 1999 ID checking guide is available for use by employees. Mr. Pollock is a certified TIPS trainer, and he previously met with the Plymouth police department about liquor serving. He said he was present at the establishment during three previous compliance checks that passed. Councilmember Johnson said this incident involved a long-term employee. She asked how ongoing training is done. Mr. Pollock said quarterly meetings are held with all bartenders and servers. Monthly meetings are held and checking identification is covered in all meetings. He said the employee who was terminated was well-respected and had been with the company for two years. This had an impact on other employees, and it is now the policy to card anyone 40 years or younger. Councilmember Johnson asked if Mr. Pollock advises his employees that the City will be doing compliance checks. Mr. Pollock said employees are notified that compliance checks will be conducted. This is an issue that is discussed all the time with employees, and the business has zero tolerance. An employee automatically loses their job for a violation. Mayor Tierney closed the hearing. Councilmember Bildsoe commended the manager for the time spent to address these issues. Adopted City Council Minutes March 2, 1998 Page 9 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-118 IMPOSING A CIVIL PENALTY AGAINST CHILI'S OF MINNESOTA, INC. d/b/a CHILI'S BAR & RESTAURANT FOR LIQUOR COMPLIANCE CHECK VIOLATION, imposing a $500 fine and a 5 -day license suspension. Councilmember Johnson supported a lower fine of $500 in this case because the manager has proven that the business considers this issue serious. Councilmember Spigner said she would also support a lesser suspension because the employer has followed through, and there is improvement at the establishment following the incident. Motion to amend was made by Councilmember Spigner, seconded by Mayor Tierney, to reduce the license suspension from 5 -days to 3 -days. Councilmember Bildsoe said that many licensees coming before the Council for a violation presented a good plan about what they are going to do to ensure it does not reoccur. He said the fact remains that the server did not check identification before they sold alcohol. The establishment is responsible for the actions of their employees. Councilmember Bildsoe said he was present when this violation occurred, and the bar was not busy. Councilmember Spigner supported the amendment, noting that the establishment reacted immediately to the violation. Councilmember Slavik did not support the reduction to a 3 -day suspension. She said that Chili's has made initiatives, but many were put in place after the violation occurred. Motion to amend failed: Harstad, Spigner, and Tierney ayes; Johnson, Bildsoe, and Slavik nays. Main motion carried: Harstad, Johnson, Bildsoe, and Slavik ayes; Spigner and Tierney nays. Staff was directed to prepare findings of fact for consideration at the next meeting with regard to the penalty. 7.4 Civil Penalty for Liquor Law Violation, Applebee's Bar and Grill Mayor Tierney opened the hearing at 8:27 p.m. to consider a civil penalty for the liquor law violation relating to the on -sale intoxicating liquor license issued to AppleAmerican Ltd. Partnership of Minnesota, Inc., d/b/a Applebee's Bar & Grill, 3500 Vicksburg Lane. Public Safety Director Gerdes said that an incident of selling alcohol to an individual under the age of 21 occurred on November 6, 1998 (police case #98-40470). He explained the compliance check that resulted in the illegal sale. The bartender, Justin James Novatney, took the order and served the alcohol, and was charged for making the illegal sale. The defendant pled guilty to a misdemeanor, which was reduced from a gross misdemeanor, and a $210 fine was imposed by Adopted City Council Minutes March 2, 1998 Page 10 the court on February 5. Notice of this hearing was mailed to the owner and manager of Applebee's. Tom Archibold, 1100 International Center, counsel for Applebee's, introduced the Applebee's Manager and District Manager. Mr. Archibold said Applebee's realizes the responsibility it has to the community, and it has a zero tolerance policy on this issue. Applebee's non -liquor sales are more than 80 percent of its business. Training on alcohol service includes quarterly testing, pre -meal reminders, and written acknowledgment by employees who are subject to immediate termination for a violation. Mr. Kumfall, Applebee's Manager, explained that the employee orientation program includes discussion of the zero tolerance policy, how to properly check identification, as well as criminal penalties. A video is used to explain the carding policy, and new employees work with a certified trainer. Applebee's has a policy to check identification of persons age 40 and under. Daily pre -shift meetings include discussion of responsible service of alcohol, and employees receive carding dates for tobacco and alcohol on a daily basis. Applebee's is considering doing some internal compliance checks on a monthly basis, and re -testing is done on a quarterly basis. Employees passed the first compliance check at the establishment. Applebee's District Manager said he was at the establishment shortly after the incident occurred, and the restaurant was very busy that evening. Employees are notified at their orientation that serving alcohol to underage persons is grounds for immediate dismissal. He said that many guests are appalled to be carded, but the company supports staff in this requirement. In response to a question from Councilmember Harstad, Mr. Kumfall said Applebee's raised the requirement to check identification of anyone 40 or younger prior to this incident. Councilmember Slavik said she is impressed with the procedures in place, and it appears that this incident should not have occurred. In this case, no identification was requested or checked. Councilmember Bildsoe said that the evening this incident occurred, the business was filled with young people and the bar was very busy. Councilmember Slavik asked if patrons in the bar area must be 21 years of age or older. Mr. Kumfall said that individuals must be of age to be seated at the bar, but younger people could be seated outside of that area. In response to a question by Mayor Tierney, Mr. Kumfall said staff was notified that compliance checks were being done. Councilmember Spigner said that the Applebee's manager has indicated it was a very busy night and the bartender made a mistake by not asking for identification. She said this is a crime and questioned how many other mistakes he made that evening. Cheryl Blue, 3442 Shoreline Drive, said he has worked for Applebee's for two years as a server and a trainer. She asked that Applebee's not be penalized for an employee not correctly doing Adopted City Council Minutes March 2, 1998 Page 11 their job. Applebee's has strict training and orientation programs, and pre -meal and post -meal meetings. She said the establishment was very full the night of the compliance check, and the issue of alcohol sales is stressed every day with employees. The store has two ID books, and there is not much more the trainer can do with employees. Mayor Tierney closed the hearing. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-119 IMPOSING A CIVIL PENALTY AGAINST APPLE AMERICAN LTD PARTNERSHIP OF MINNESOTA, INC., d/b/a APPLEBEE'S BAR & RESTAURANT FOR LIQUOR COMPLIANCE CHECK VIOLATION, imposing a $500 fine and a 5 -day license suspension. Mayor Tierney supported a 3 -day license suspension for this incident. Motion carried: five ayes; Tierney nay. Staff was directed to prepare findings of fact for Council consideration at the next meeting relating to the penalty imposed. 8.1 Name of Activity Center and Field House Park Director Blank asked whether the Council wishes to solicit public participation in the naming of the new recreational facilities. A groundbreaking ceremony is proposed for May. Motion was made by Councilmember Bildsoe, seconded by Councilmember Slavik to direct staff to solicit public participation in the naming of the new recreational facilities. Motion carried: five ayes; Harstad nay. Councilmember Harstad said the name "Plymouth Pavilion" has been suggested by the Youth Advisory Council. Councilmember Spigner said that the name "Plymouth Pavilion" was not selected because there is already a facility with that name in the City. She supports a public process for naming the facility because the issue was somewhat controversial following the referendum. She said the Youth Advisory Council can suggest alternate names. 8.2 PUD Amendment for The Village at Bassett Creek (99004) Community Development Director Hurlburt presented the staff report on the application of The Rottlund Company Inc., for a planned unit development amendment to allow a one -foot four - inch cantilever encroachment into the required 15 -foot wetland buffer setback for 47 townhomes in The Village at Bassett Creek PUD. She said the encroachment would occur on the third floor. The area of the cantilever is less than is allowed by ordinance, but due to the shape, a PUD amendment is required. The Planning Commission recommended approval of the request. Dustin Kern was present representing Rottlund Homes. Adopted City Council Minutes March 2, 1998 Page 12 Councilmember Harstad asked how many units are already built and how many would require the variance. Mr. Kern said they are in the process of building the seven -unit building, and all of these units would require the variance. Of the 71 total units, 34 have been sold, and at least 50 percent of the units would require the variance. He said that all of the units have been bid with subcontractors. If the variance is not approved, they would need to go back to the buyers and inform them the bedrooms would be 1'/z feet shorter in width. Councilmember Johnson asked if the foundation size will be changed and how construction was started without the variance. Mr. Kern responded that the foundation size will be unchanged. The first building was constructed without recognizing the need for a variance. The City's building division identified the need for a variance when the second building was submitted for permit approval. Director Hurlburt said no buildings that are constructed would have to be removed or altered if the variance is not approved. Motion was made by Councilmember Bildsoe, seconded by Councilmember Slavik, to adopt RESOLUTION 99-120 APPROVING PUD AMENDMENT FOR THE ROTTLUND COMPANY, INC., TO ALLOW A ONE -FOOT FOUR -INCH CANTILEVER ENCROACHMENT INTO THE REQUIRED 15 -FOOT WETLAND BUFFER SETBACK FOR 47 TOWNHOMES FOR THE VILLAGE AT BASSETT CREEK PUD, LOCATED SOUTH OF 10TH AVENUE, NORTH OF HIGHWAY 55 AND WEST OF REVERE LANE 99004), ORDINANCE 99-7 AMENDING CHAPTER 21 OF THE CITY CODE TO AMEND SECTION 21655.15 FOR THE VILLAGE AT BASSETT CREEK PUD, LOCATED SOUTH OF 10TH AVENUE, NORTH OF HIGHWAY 55 AND WEST OF REVERE LANE 99004), and RESOLUTION 99-121 APPROVING FINDINGS OF FACT FOR AMENDING THE ZONING ORDINANCE TEXT FOR THE VILLAGE AT BASSETT CREEK PUD, LOCATED SOUTH OF 10TH AVENUE, NORTH OF HIGHWAY 55 AND WEST OF REVERE LANE (99004). Councilmember Slavik said she supports the motion. If the encroachment was in the footprint, she probably would not support the request. The encroachment is on the third floor and should have no impact on the wetland. Councilmember Johnson had spoken with Councilmember Black who indicated that since the encroachment was on the third floor, it is a very minor issue. Adopted City Council Minutes March 2, 1998 Page 13 Councilmember Harstad supported the request because the City did not catch the requirement prior to the start of construction, and it would impact many people who have purchased homes. Councilmember Spigner said she has not supported this project due to potential impact on the Bassett Creek Watershed. Motion carried: five ayes; Spigner nay. Mayor Tierney called a five-minute break. 8.3 (6.03) Council Goals Meeting City Manager Johnson announced that Councilmember Black will be unable to attend the Special City Council meeting on March 13 to establish Council Goals and Priorities. He said an alternative would be to split the session over two evenings. Councilmember Bildsoe said he would like to conduct the session as soon as possible. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to establish Saturday, March 13, beginning at 9 a.m. as a Special Council meeting to discuss City Council goals and priorities for 1999-2000, to be held at The Reserve Conference Center with Jim Brimeyer as consultant and facilitator. Mayor Tierney asked if Councilmember Black was present when the March 13 date was selected. Assistant Manager Lueckert said Councilmember Black was not present at the study session when the Council discussed the possible date, but staff did not hear subsequently that the date would not work for her. 8.4 (6.18) Doolittle's Air Cafe Request for Reduced License Fee Councilmember Spigner expressed concerns about the City receiving a license fee for a business that has not yet been built. Motion was made by Councilmember Spigner to table the Doolittle's request until after the City Council has held a study session on the liquor ordinance. Motion died for lack of a second. City Clerk Ahrens presented the staff report on the request of Doolittle's to reduce the 1999- 2000 liquor license fee due to delayed construction and opening. She advised that many licensees are delayed from their anticipated opening date by several months, but this case is unique in that the City would collect a full year of license fees before the license is issued. Staff's recommendation would pro -rate the 1999-2000 fee, but would not refund the portion of the 1998-1999 fee already paid. Adopted City Council Minutes March 2, 1998 Page 14 Councilmember Spigner said that she believes that the 1999-2000 license should be pro -rated to the date of actual opening and that any license fees paid for the previous year's license should be applied as of the date of actual opening. Mayor Tierney said that Doolittles paid for several months that they were not open; however, they had the benefit of assurance that they had a liquor license and could proceed with building. The practice of pro -rating from the date of anticipated opening is standard and is how other licensee fees are charged. Motion was made by Councilmember Harstad, seconded by Councilmember Spigner, to authorize staff to pro -rate the 1999-2000 liquor license fee for Doolittles Air Cafe, 15655 34`h Avenue North, beginning from the actual month of opening and to credit the licensee for any licensee fees already paid. Councilmember Harstad believed this was fair, and he also supports amending the City Code to provide for a pro -rated fee as of the month of actual opening. Councilmember Johnson noted that the City Council has broad discretion on this request. City Manager Johnson said this situation is unique and would not likely set a precedent. Motion carried, six ayes. 9.1 Prosecution Services Report Councilmember Spigner said she wanted to bring to the public's attention the fine job that Plymouth's prosecutors are doing for the City, including the handling of zoning violations. She intends to move the City forward to a more expedient way of dealing with nuisance violations in the future, and she commended the public safety department for their work on these issues. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to accept the Prosecution Services Report. Motion carried, six ayes. 9.2 City Court Public Safety Director Gerdes reported that the Public Safety Advisory Board has reviewed the City Court" program. The Board has received information on proposed State legislation which would address these types of programs, but it is highly unlikely that legislation will be approved this session. Councilmember Spigner said that the Minnetonka City Attorney has indicated that charter cities currently have the right to establish city court and no special legislation is needed. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, that the concept of City Court be forwarded to the Charter Commission for their study prior to the end of the legislative session. Adopted City Council Minutes March 2, 1998 Page 15 Councilmember Bildsoe said he will not support the motion. The City Council has not discussed its position as a Council on City Court, and he is not prepared to forward the issue to the Charter Commission. Councilmember Johnson said she supports the concept of City Court but is also concerned about immediately forwarding it to the Charter Commission prior to study of the overall cost and administrative issues. Councilmember Spigner said this issue is on her Goals and Objectives list for the March 13 special Council meeting. She does not want to wait until the end of the legislative session to implement City Court. She would like the Charter Commission to work out issues of cost and administration and present it back to the Council. Mayor Tierney suggested that the concept of City Court be discussed at a study session. Motion was made by Councilmember Spigner, seconded by Councilmember Harstad, to place the issue of City Court on the April study session agenda. Motion carried, six ayes. 9.3 Town Meeting Councilmember Johnson suggested that the City Council conduct a city-wide Town Meeting when the Activity Center is in operation. Councilmember Spigner reported that she is planning a Ward 3 meeting. 9.4 Citizen Award and Youth Award Councilmember Johnson suggested that the City Council consider developing an annual Citizen Award and Youth Award program. 9.5 Update on Eagle Lake Project Park Director Blank said the Hennepin Parks Board voted to proceed with the Eagle Lake project and to prepare a final design of the recreational park and golf course. The Board is going to review citizen comments which may be used to modify the plan, and they have a June 7 target date to review the modified plan. 9.6 Legislative Update Councilmember Johnson described the lobbying that she and Councilmember Bildsoe have done with regard to the issue of tax increment financing penalties. Mayor Tierney reported on Representative Limmer's efforts with regard to repealing the sales tax for local government, as well as the Municipal Legislative Commission's work with respect to local government aid. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adjourn the meeting at 10:02 p.m. Ci Clerk L Adopted City Council Minutes March 2, 1998 Page 16 Attachment A CITY OF PLYMOUTH FINDINGS OF FACT AND DECISION City of Plymouth Liquor Licensing Complaint Against Erickson Oil Products, Inc., d/b/a Freedom Valu Center, f/k/a Conoco On February 16, 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. Erickson Oil Products, Inc., d/b/a Freedom Valu Center, f/k/a Conoco ("Erickson") is the holder of an off -sale 3.2 percent malt liquor license issued pursuant to Plymouth City Code Section 1206. 2. Erickson is located at 12650 County Road 10 in the City of Plymouth. 3. On August 7, 1998, Erickson employee Mark J. Boerboom sold a six-pack of Coors Light beer to a person who was under twenty-one years of age. Mark J. Boerboom did ask to see identification. The underage person produced a valid Minnesota driver's license which showed she was under twenty-one years of age. Mark J. Boerboom looked at the identification, and then continued with the sale. 4. Mark J. Boerboom'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 September 18, 1998, Mark J. Boerboom pleaded guilty to selling alcoholic beverages to an underage person in violation of Minnesota Statute 340A.503, Subd. 2(1). 7. On February 1, 1999, Erickson 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 16, 1999. Adopted City Council Minutes March 2, 1998 Page 17 8. The Notice informed Erickson that civil sanctions would be considered as a result of the violation. 9. Erickson received the Notice and its representative attended the February 16, 1999 City Council meeting. The representative admitted at the hearing that the violation occurred. 10. On the date the violation occurred, Erickson did have in place a strong policy and procedure for prevention of underage sales. 11. Mark J. Boerboom had not received adequate training in the prevention of underage sales. 12. There are no mitigating circumstances that excuse the violation. DECISION 1. Erickson'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. Erickson shall pay a civil sanction to the City in the amount of One Thousand and No/100 Dollars ($1,000.00) by March 15, 1999. 3. The civil sanction imposed herein constitutes Erickson's first violation and first appearance before the City Council, pursuant to City Code Section 1206.22. Dated: March 2, 1999. Adopted City Council Minutes March 2, 1998 Page 18 Attachment B CITY OF PLYMOUTH FINDINGS OF FACT AND DECISION City of Plymouth Liquor Licensing Complaint Against Fleming Companies, Inc., d/b/a Rainbow Foods 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. Fleming Companies, Inc., d/b/a Rainbow Foods ("Rainbow") is the holder of an off -sale 3.2 percent malt liquor license issued pursuant to Plymouth City Code Section 1206. 2. Rainbow is located at 10200 - 6h Avenue North in the City of Plymouth. 3. On July 30, 1998, Rainbow employee Jackie L. Brangard sold a twelve -pack of Miller Genuine Draft beer to a person who was under twenty-one years of age. Jackie L. Brangard did ask to see identification. The underage person produced a valid Minnesota driver's license which showed she was under twenty-one years of age. Jackie L. Brangard looked at the identification, and then continued with the sale. 4. Jackie L. Brangard'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 December 2, 1998, Jackie L. Brangard pleaded guilty to selling alcoholic beverages to an underage person in violation of Minnesota Statute 340A.503, Subd. 2(1). 7. On February 2, 1999, Rainbow 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 16, 1999. 8. The Notice informed Rainbow that civil sanctions would be considered as a result of the violation. Adopted City Council Minutes March 2, 1998 Page 19 9. Rainbow received the Notice and its representative attended the February 16, 1999 City Council meeting. The representative admitted at the hearing that the violation occurred. 10. Rainbow has implemented a new procedure at checkout which requires the cashier to manually type in the person's date of birth for every sale of alcohol or tobacco. If the person is underage, the sale is automatically terminated. Rainbow believes the procedure will effectively eliminate sales of alcohol or tobacco to underage persons. 11. There are no mitigating circumstances that excuse the violation. DECISION 1. Rainbow'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. Rainbow shall pay a civil sanction to the City in the amount of Five Hundred and No/100 Dollars ($500.00) by March 15, 1999. 3. The civil sanction imposed herein constitutes Rainbow's first violation and first appearance before the City Council, pursuant to City Code Section 1206.22. Dated: March 2, 1999. Adopted City Council Minutes March 2, 1998 Page 20 Attachment C CITY OF PLYMOUTH FINDINGS OF FACT AND DECISION City of Plymouth Liquor Licensing Complaint Against Fleming Companies, Inc., d/b/a Rainbow Foods On February 16, 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. Fleming Companies, Inc., d/b/a Rainbow Foods ("Rainbow") is the holder of an off -sale 3.2 percent malt liquor license issued pursuant to Plymouth City Code Section 1206. 2. Rainbow is located at 4190 Vinewood Lane in the City of Plymouth. 3. On July 30, 1998, Rainbow employee Laquel D. Pettis sold a twelve -pack of Michelob Golden Draft beer to a person who was under twenty-one years of age. Laquel D. Pettis did not ask to see identification, nor did she ask the date of birth of the underage person. 4. Laquel D. Pettis's sale of beer to an underage person was in violation of Minnesota Statute 340A.503, Subd. 2(1). 5. Copies of the Plymouth Police Department reports regarding this incident are incorporated into these Findings by reference. 6. On or about October 1, 1998, Laquel D. Pettis pleaded guilty to selling alcoholic beverages to an underage person in violation of Minnesota Statute 340A.503, Subd. 2(1). 7. On February 2, 1999, Rainbow 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 16, 1999. 8. The Notice informed Rainbow that civil sanctions would be considered as a result of the violation. 9. Rainbow received the Notice and its representative attended the February 16, 1999 City Council meeting. The representative admitted at the hearing that the violation occurred. Adopted City Council Minutes March 2, 1998 Page 21 10. Rainbow has implemented a new procedure at checkout which requires the cashier to manually type in the person's date of birth for every sale of alcohol or tobacco. If the person is underage, the sale is automatically terminated. Rainbow believes the procedure will effectively eliminate sales of alcohol or tobacco to underage persons. 11. There are no mitigating circumstances that excuse the violation. DECISION 1. Rainbow'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. Rainbow shall pay a civil sanction to the City in the amount of Five Hundred and No/100 Dollars ($500.00) by March 15, 1999. 3. The civil sanction imposed herein constitutes Rainbow's first violation and first appearance before the City Council, pursuant to City Code Section 1206.22. Dated: March 2, 1999.