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.