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HomeMy WebLinkAboutCity Council Minutes 03-16-1999Adopted Minutes Regular Council Meeting March 16,1999 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 16, 1999. Scout Troop 538, Greenwood Elementary School, led the Pledge of Allegiance. COUNCIL PRESENT: Mayor Tierney; Councilmembers Johnson, Bildsoe, Slavik, Spigner, Black, and Harstad. ABSENT: None. 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 No one appeared at the Forum. 4.1 Wayzata Hockey Association Donation to the Ice Center Park Director Blank introduced Dave Sorensen, 17710 30'' Avenue North, representing the Wayzata Youth Hockey Association. Mr. Sorensen presented a check in the amount of $50,000, which completes their $250,000 commitment toward the ice center construction project. 4.2 Special Joint Meeting with Planning Commission on March 31 Community Development Director Hurlburt announced that a joint meeting of the City Council and Planning Commission will be held on Wednesday, March 31. After giving broad notice of the meeting, it was realized that this is the first date of Passover. Director Hurlburt apologized that this date was selected. She encouraged residents to participate in this meeting and the subsequent planning process. 4.3 Third Annual Job Fair Mayor Tierney announced that the Third Annual Job Fair was held on March 11. Over 440 job applicants and 33 businesses participated in the job fair. 4.4 Kathy Lueckert Mayor Tierney announced that Kathy Lueckert, Assistant City Manager, will be leaving City employment this week after six years of service. 5 Approve Agenda Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to approve the agenda. Motion carried, seven ayes. Adopted City Council Minutes March 16, 1999 Page 2 6 Consent Agenda City Manager Johnson clarified that the recommendation on Item 6.13 is to exclude Magnolia Lane from the Street Reconstruction Program for 1999. Item 6.09 was removed from the Consent Agenda. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to approve the consent agenda as amended. Motion carried, seven ayes. 6.01 Approve Minutes Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to approve the February 16 and March 2 regular meeting minutes and the February 16 and March 9 special meeting minutes. Motion carried, seven ayes. 6.02 Approve Disbursements Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-122 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING MARCH 5, 1999. Motion carried, seven ayes. 6.03 Renew Garbage Hauler Licenses Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-123 RENEWING GARBAGE HAULER LICENSES. Motion carried, seven ayes. 6.04 Renewal of Consumption and Display Licenses Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-124 APPROVAL OF CONSUMPTION AND DISPLAY LICENSE. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-125 APPROVING CONSUMPTION AND DISPLAY LICENSE FOR WEST MEDICINE LAKE COMMUNITY CLUB. Motion carried, seven ayes. 6.05 Community Development Block Grant Funding Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-126 AUTHORIZING THE APPLICATION FOR AND ALLOCATION OF PROGRAM YEAR 1999 AND THE REALLOCATION OF A PORTION OF PROGRAM YEAR 1997 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Motion carried, seven ayes. 6.06 Amend Policy on Board and Commission Recognition Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-127 AMENDING POLICY ON BOARD AND COMMISSION RECOGNITION. Motion carried, seven ayes. Adopted City Council Minutes March 16, 1999 Page 3 6.07 Adopt Findings of Fact for Civil Penalties for Liquor Law Violations Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt Findings of Fact for liquor law violation penalties imposed on March 2, 1999, for TGI Friday's of MN, Inc. d/b/a Italianni's, 220 Carlson Parkway (Attachment A); Chili's of Minnesota, Inc., d/b/a Chili's Bar & Restaurant, 4000 Vinewood Lane (Attachment B); and Apple American Ltd. Partnership of Minnesota, Inc., d/b/a Applebee's Bar & Restaurant, 3500 Vicksburg Lane Attachment Q. Motion carried, seven ayes. 6.08 Personnel Policy Regarding Election Time for Annual Leave Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-128 APPROVING THE AMENDMENTS TO THE PERSONNEL POLICY AMENDING THE ANNUAL LEAVE TIME. Motion carried, seven ayes. 6.10 Establishing Municipal State Aid Streets Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-129 ESTABLISHING MUNICIPAL STATE AID HIGHWAY, WEST MEDICINE LAKE DRIVE. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-130 ESTABLISHING MUNICIPAL STATE AID HIGHWAY, WEST LAWNDALE LANE. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-131 ESTABLISHING MUNICIPAL STATE AID HIGHWAY, WEST 23an AVENUE. Motion carried, seven ayes. 6.11 Kingsview Lane Improvement Project 9002 Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-132 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, KINGSVIEW LANE IMPROVEMENT PROJECT, CITY PROJECT NO. 9002. Motion carried, seven ayes. 6.12 Metro Greenway Grant Application Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-133 AUTHORIZING THE CITY OF PLYMOUTH'S APPLICATION FOR THE METRO GREENWAY GRANT APPLICATION: PLYMOUTH CREEK GREENWAY ECOLOGICAL RESTORATION GRANT (S % Section 16; N % Section 21, T118N, R22W. Motion carried, seven ayes. 6.13 1999 Street Reconstruction Project, Project 9001 Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-134 CALLING FOR HEARING ON IMPROVEMENTS, 1999 STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 9001. Motion carried, seven ayes. Adopted City Council Minutes March 16, 1999 Page 4 6.14 Official City Guide and City Map Production Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to approve the proposal and authorize the Communications Supervisor to work with Planet Publications to design, republish and distribute the official City Guide and City map. Motion carried, seven ayes. 7.1 Civil Penalty for Liquor Law Violation of Sid's Discount Liquors Mayor Tierney opened the public hearing at 7:17 p.m. to consider a civil penalty for the liquor law violation relating to the off—sale intoxicating liquor license issued to Applebaum Companies, Inc., d/b/a Sid's Discount Liquors, 10200 6`h Avenue North. Public Safety Director Gerdes said that an incident of selling alcohol to an individual under the age of 21 occurred on November 2, 1998 (police case #98-39930). He explained the compliance check that resulted in the illegal sale. After taking the money, the employee asked for identification. The compliance checker presented accurate identification indicating an age of 20, and the sale was then completed. The clerk then asked the compliance checker if the driver license was clipped. The employee pled guilty to a misdemeanor on January 21, 1999, and fine of $210 was imposed. Notice of this hearing to consider a civil penalty was sent to the owner and manager of Sid's Discount Liquors. In response to a question from Councilmember Harstad, Director Gerdes said that the term clipped" may have meant that a new driver license had been applied for, but this would have no impact on the underage status. Steven Olson, represented Sid's Discount Liquors. He said that if a driver license is "clipped", it is not a valid identification, and this is part of their employee training. Mr. Olson explained that their training methods include a seminar from Loss Control Services about law changes which managers of the six stores attend each year. The managers train the cashiers. He said signs are posted on the register and throughout the store. He described the types of identification that can be accepted and said that the City's letters about upcoming compliance checks are posted. The policy is to card anyone under age 30. Mr. Olson said that the clerk who made this sale believes there was an error in the police report. The clerk indicates that he rang up the beer, then asked for identification, and then gave change for the transaction. The clerk made a foolish, mental error in incorrectly checking the identification. Mr. Olson stated this clerk has checked many ID's and has refused service on many occasions. He said that suspension of the license would result in closing his off -sale liquor business during the days of suspension. Councilmember Johnson asked if the clerk involved in the sale had been trained. Mr. Olson said the employee had worked at the store before Mr. Olson came as manager 1 %2 years ago. The employee did not attend the last training session, but the laws had not changed. Because of this incident, Mr. Olson has asked Loss Control Services for additional written information. Information received from the City is shared with employees, and he reminds employees daily of the carding requirement. Adopted City Council Minutes March 16, 1999 Page 5 Councilmember Bildsoe asked if Mr. Olson had considered a training session from the Plymouth police department. He said that it appears Mr. Olson needs to keep his employees diligent in checking identification. Mayor Tierney asked if the store has considered installation of an electronic scanner which would not allow a sale to an underage person. Mr. Olson said he would pursue a training session with the police department and will mention the scanner to his managers. Councilmember Harstad asked if this establishment has considered a policy that an employee found in violation of illegal liquor sales would be immediately terminated. Mr. Olson said that is not the current policy of the business, but he will suggest it to his managers. Councilmember Johnson said that if a suspension is imposed, it is an accountability measure to ensure compliance. A licensee is responsible for the actions of an employee. Mayor Tierney said that it is illegal for anyone under 21 years of age to attempt to purchase alcohol. She asked if Mr. Olson has contacted the police department when sales have been attempted. Mr. Olson said he has contacted the police on a couple of occasions. Councilmember Slavik asked about the procedure if someone without identification comes into the store. Director Gerdes suggested that the police can check those situations as well. Mayor Tierney closed the public hearing. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-135 IMPOSING A CIVIL PENALTY AGAINST APPLEBAUM COMPANIES, INC., D/B/A SID'S DISCOUNT LIQUORS FOR LIQUOR COMPLIANCE CHECK VIOLATION, imposing a $500 fine and 5—day license suspension, with 2 -days stayed which would be reinstated if there was an illegal sale in the next 12 months. Councilmember Johnson said that the proposed penalty is appropriate because the impact on this business would be greater than a business which can remain open and sell other items during the suspension period. Councilmember Spigner supported the proposed penalty but asked what would occur with the two stayed days if a second incident occurs and the employee is found not guilty in court. Adopted City Council Minutes March 16, 1999 Page 6 Councilmember Bildsoe responded that the City Council could impose the two days if the business was found to fail a compliance check, whether or not the clerk is found guilty in court. City Attorney Knutson said there should be a review of the police department's decision that there is a violation, and the City Council could immediately revoke the stay. Mayor Tierney referenced the Statewide Initiative and said Plymouth has imposed more stringent penalties for liquor sale violations than elsewhere in the State. Councilmember Johnson said the Statewide Initiative may be the lowest common denominator and doesn't directly apply to Plymouth. Councilmember Black agreed and said the Council needs to consider the violation and issues in our own community. Motion was made by Councilmember Harstad, seconded by Councilmember Spigner, to call the question. Motion carried, seven ayes. Motion carried, seven ayes. The Council directed staff to prepare findings of fact for consideration at the next meeting with regard to the penalty imposed. 7.2 Liquor Law Violation of Ashbeck—Guth, Inc., d/b/a Colony Liquor Store Mayor Tierney opened the public hearing at 7:55 p.m. to consider a civil penalty for the liquor law violation relating to the on—sale intoxicating liquor license issued to Ashbeck—Guth, Inc., d/b/a Colony Liquor Store, 15705 35th Avenue North. 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 #98-40451). He explained the compliance check that resulted in the illegal sale. The cashier asked the checker for identification. The compliance checker presented accurate identification indicating an age under 21, and the sale was then completed. The employee pled guilty to a misdemeanor on January 22, 1999, and a fine of $210 was imposed. Notice of this hearing to consider a civil penalty was sent to the owner and manager of Colony Liquor Store. Attorney James Haeft, 200 Coon Rapids Blvd., represented Colony Liquor Store. He said the manager at Colony Liquor Store has been there for 14 years and did not make the illegal sale. The sale was made by a new employee. Mr. Haeft questioned the City's authority to conduct alcohol compliance checks. He said the store manager works side-by-side with a new employee for two weeks, and during the subsequent two weeks, the manager monitors the new employee's performance. Mr. Haeft said the policy at Colony Liquor Store is to discharge an employee found in violation of illegal liquor sales. He presented the training manual used at the store and said that signs to check identification are posted near the register. Mr. Haeft said that in this incident, the employee checked the identification against the sign on the wall, made conversation Adopted City Council Minutes March 16, 1999 Page 7 with the customer, and then made the sale. He said that the training to check the identification is working, but the employee did not follow through by correctly calculating the date of birth. He was unaware that the police department provides training and will suggest that to the store. Mr. Haeft said the technology to automatically check identification could cost $40,000, and a small company cannot afford it. He believes that a discharge policy is the most effective way of handling illegal sales. He requested the same penalty as the previous hearing and asked if the suspension days must be served consecutively. Mr. Haeft said that with respect to the 2 -days stayed, the Council would not conduct an administrative hearing until the clerk is found guilty through a court process. Councilmember Spigner said that there is already a court action on this incident. If there was another violation, the two -days would be immediately imposed by the Council. The stay relates only to this incident. Councilmember Johnson suggested that the manager may wish to conduct date tests with the clerks. Mr. Haeft said he does not dispute the stayed time. Councilmember Harstad asked if the store policy was in effect at the time of the violation. Mr. Haeft said yes. Mayor Tierney closed the public hearing. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 99-136 IMPOSING A CIVIL PENALTY ASHBECK—GUTH, INC., D/B/A COLONY LIQUOR STORE FOR LIQUOR COMPLIANCE CHECK VIOLATION, imposing a $500 fine and 5—day license suspension, with 2 -days stayed which would be reinstated if there was an illegal sale in the next 12 months. Motion carried, seven ayes. The Council directed staff to prepare findings of fact for consideration at the next meeting with regard to the penalty imposed. 7.3 Civil Penalty for Liquor Law Violation, New Dynasty Restaurant Mayor Tierney opened the hearing to consider a civil penalty for the liquor law violation relating to the on—sale 3.2 malt liquor and wine license issued to New Dynasty, Inc., d/b/a New Dynasty Restaurant, 14370 28`" Place North. 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 #98-40464). He explained the compliance check that resulted in the illegal sale. The waiter served alcohol without asking for identification, and pled guilty to a misdemeanor on February 4, 1999. A fine of $210 was imposed. Notice of this hearing to consider a civil penalty was sent to the owner and manager of New Dynasty. Adopted City Council Minutes March 16, 1999 Page 8 Ho Chin represented New Dynasty Chinese Restaurant. She said it was very busy on the evening of the incident. The waiter involved in the incident has been with the business since opening, and she trains all employees at the establishment. Mayor Tierney said the Plymouth police department is willing to work with liquor establishments on additional training. Councilmember Bildsoe asked if more training has been conducted since the incident. Ho said she attempts to stand near the servers and supervise their work, particularly when the restaurant is busy. The policy is to check identification of everyone under 40 years of age. Councilmember Johnson suggested that the required minimum date of birth for legal sales could be posted for employees to check identification against. Mayor Tierney closed the hearing. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 99-137 IMPOSING A CIVIL PENALTY AGAINST NEW DYNASTY, INC., D/B/A NEW DYNASTY RESTAURANT FOR LIQUOR COMPLIANCE CHECK VIOLATION, imposing a $ 500 fine and a 5—day license suspension. Councilmember Johnson said this penalty is consistent with restaurants holding similar licenses. Councilmember Spigner said the penalty could have been harsher because no identification was requested by the server. Motion carried, seven ayes. 7.4 Civil Penalty for Liquor Law Violation, Kiang's Inc., d/b/a Red Pepper Restaurant Mayor Tierney opened the hearing to consider a civil penalty for the liquor law violation relating to the on—sale intoxicating liquor license issued to Kiang's Inc., d/b/a Red Pepper Restaurant, 187 Cheshire Lane. Public Safety Director Gerdes said that an incident of selling alcohol to an individual under the age of 21 occurred on November 2, 1998 (police case #98-39913). He explained the compliance check that resulted in the illegal sale. The waiter did not request identification. The employee pled guilty to a misdemeanor on February 5, 1999, and fine of $50 was imposed. The amount of the fine was reduced by the judge due to hardship. Notice of this hearing to consider a civil penalty was sent to the owner and manager of Red Pepper Restaurant. This is the second violation. A first violation occurred on June 6, 1998. The Council heard the case on February 2 and imposed a $500 administrative fine and 5 -day suspension. Adopted City Council Minutes March 16, 1999 Page 9 Director Gerdes stated that following the first violation, the owner Mr. Kiang has contacted him on several occasions. The fine was paid in a timely manner, the suspension has been served, and the police department has conducted training at the establishment. Mr. Kiang served as a translator at the training session. Director Gerdes said that Mr. Kiang took a proactive stance to the first violation, and this second violation occurred before the Council considered a penalty for the first violation. Ricky Kiang said that when he appeared before the Council for the first offense, the second offense had already occurred. He has contacted Chief Gerdes and training has been done. He said he will try hard to supervise employees and ensure it will not occur again. Councilmember Spigner asked what percentage of the business is attributable to alcohol. Mr. Kiang responded that alcohol sales are 2 to 3 percent of the entire business. Councilmember Harstad asked if Mr. Kiang had considered voluntarily surrendering the liquor license. Mr. Kiang said liquor is a service to his customers. If there was a third violation, he would discontinue selling, but asked for the chance to correct the situation. Mayor Tierney closed the hearing. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-138 IMPOSING A CIVIL PENALTY AGAINST KIANG'S INC., D/B/A RED PEPPER RESTAURANT, 187 CHESHIRE LANE FOR LIQUOR COMPLIANCE CHECK VIOLATION, imposing a 10—day license suspension with all days stayed, to be reinstated if there was an illegal sale in the next 12 months to be served at the discretion of the City and no fine. Councilmember Harstad said he will support the motion, but will hold the establishment to its promise to surrender the license if there is another violation. Councilmember Slavik supported the 10 -day suspension, but felt that there should be some fine since this is a serious offense. Motion to amend was made by Councilmember Johnson, seconded by Councilmember Slavik, to stay 8 days of the 10 -day suspension, with two days to be served at the discretion of the City. Mayor Tierney supported staying all of the suspension days since the second violation had already occurred when the City acted on the first violation. Councilmember Spigner noted that the first incident occurred in June and the second incident occurred in November. When the employee was taken into custody during the first incident, the establishment should have taken the situation seriously. She would also support a fine. Adopted City Council Minutes March 16, 1999 Page 10 Vote on amendment carried: five ayes; Harstad and Tierney nays. Councilmember Johnson said this situation is unique because the Council did not hear the first issue until the second incident occurred. Councilmember Bildsoe added that the owner has worked diligently with the police department to address the compliance issue. Main motion carried: five ayes; Harstad and Tierney nays. Staff was directed to prepare findings of fact for Council consideration at the next meeting relating to the penalty imposed. Public Safety Director Gerdes reported that Holiday Stationstores #220 would have come before the Council for a second violation this evening; however, Holiday has surrendered their liquor license. Councilmember Spigner asked about the procedure for obtaining a liquor license when it has been surrendered. Director Gerdes said it would be handled as a new application with a complete investigation and all information would be considered. Holiday has no current intent to reapply for a liquor license at this location. 8.1 Authorize Bidding for Activity Center and Field House, Project No. 7021 Park Director Blank recommended that the Council approve plans and specifications, adopt a preliminary budget, and authorize bidding for the Activity Center and Field House, Project 7021. He described the project and said that 150 trees will be planted on the site. He described the two -cell pond system on the site, as well as the interior facilities. The proposed gardens are not included in this project. He said two major cost savings measures have been incorporated into the project: moving the heating, ventilation, and air conditioning equipment to the roof of the Activity Center (saved $40,000) and eliminating the batting cage wall structure from the Field House (saved $150,000). A $7,634,775 budget is recommended, which includes a 10 percent contingency. He introduced Del Erickson, architect on the project, and Rick Busch, Facility Manager. Councilmember Harstad asked if the batting cage would be eliminated due to the removal of the wall structure. He also asked if the soil testing has been completed. Director Blank said this use will still be available through an alternative netting method. He explained that preliminary soil testing was done under the building footprint prior to design. There will be additional testing during construction but indications are that the soil is good. Councilmember Bildsoe asked about the estimated life of the materials proposed for the turf and the field house bubble coating. Adopted City Council Minutes March 16, 1999 Page 11 Director Blank responded that the estimated life of the bubble is 15 years. The life could be extended with the acrylic coating. He said that Astroplay is proposed for the turf. Since it is a new product, it has only a five-year warranty but he believes it will last as long as Astroturf which has a 10 -year life. The Astroplay product will be about $300,000 less than the Astroturf, and staff believes it will be a better product for this facility. Councilmember Bildsoe asked if the City is planning to reserve funds for replacement of the field house dome. Director Blank said that rental rates will be established at a rate sufficient to provide for replacement. Councilmember Johnson said that at the special meeting to establish Council Goals, the City Council indicated that it wanted to keep this project on time and under budget. Mayor Tierney asked if the mechanical rooftop units will be visible to the nearest residences. Mr. Erickson explained that the single air handling unit will be in a box 8 feet by 8 feet by 33 feet, and it will be painted the same color as the metal roof with louvered openings. He said it will be well screened because of the angle and the distance from the residences. Director Hurlburt stated that it would be better aesthetically not to put the units on the roof; however, the proposed rooftop units will meet the zoning ordinance requirements and additional screening should not be required. Mayor Tierney asked about the bidding climate. Del Erickson responded that the bidding climate has been active, and he hopes April will be as good. Councilmember Spigner said she would like to see a picture or model of the mechanical rooftop unit before proceeding with the project. She is concerned about visual impact to the residences as well as the noise interference for outdoor weddings at the Activity Center. Park Director Blank said that staff is requesting action this evening to move the project forward. He does not believe the rooftop unit will be a noise concern. There is an outdoor waterfall and fountain in the immediate area which will add background noise. Councilmember Johnson asked about the cost impact if the Council decided to stay with the original mechanical unit design. Mr. Erickson responded that that cost would increase by about $90,000. The mechanical unit savings is $40,000, but there is an additional $50,000 savings from eliminating the room to contain it. He said the unit will provide heating and cooling for the Activity Center. Councilmember Harstad asked if screening could be added later for the rooftop unit. Mr. Erickson said the roof structure would need to be designed at this time to accommodate the screening. Adopted City Council Minutes March 16, 1999 Page 12 Director Hurlburt stated that screening could make the unit look twice as massive. The new rooftop units tend to blend into the roofs, and the nearest residence is hundreds of feet away. Councilmember Slavik suggested that input could be requested from the nearest residents. Park Director Blank responded that the nearest residences are on the north side of the park, and the units will be screened by the roof angle. Motion was made by Councilmember Harstad, seconded by Councilmember Black, to adopt RESOLUTION 99-139 APPROVING PLANS AND SPECIFICATIONS, PRELIMINARY PROJECT BUDGET, AND AUTHORIZE BIDDING FOR THE ACTIVITY CENTER AND FIELD HOUSE, CITY PROJECT NO. 7021. Motion carried, seven ayes. Mayor Tierney called a five-minute break. 8.2 Phase I Year 2000 Contingency Plans Assistant Manager Lueckert presented the staff report on the Phase I Year 2000 Contingency Plans. She said that staffing, emergency operations center, and logistical work remains to be done. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-140 RECEIVING AND ACCEPTING PHASE I YEAR 2000 CONTINGENCY PLAN FOR THE CITY OF PLYMOUTH. In response to a question by Councilmember Bildsoe, Assistant Manager Lueckert said the public works department is working issues of renting generators and a tanker truck. She said that the contingency plans would likely allow the City to operate for a month in a contingency mode. Public Safety Director Gerdes, the new Y2K Coordinator, said he will provide the Council with regular updates. Motion carried, seven ayes. 8.3 1999-2003 Capital Improvement Plans Assistant Manager Lueckert presented the 1999-2003 Capital Improvements Program. This is a five-year plan of expenditures for capital improvements, parks, streets, water, and sewer. The CIP is considered part of the City's Comprehensive Plan and the Planning Commission reviewed the CIP for consistency with the Comprehensive Plan. Assistant Manager Lueckert said the CIP plans expenditures of over $41.6 million during the next five-year period. She described the primary sources of funding. The 1999-2003 CIP recognizes that detailed planning will likely change or different needs may emerge. She described projects included in the first two years of the CIP and said that intensive work on projects in the Water Resources Management Plan are slated to begin in 2001. Adopted City Council Minutes March 16, 1999 Page 13 Councilmember Black asked what funding is proposed for Parkers Lake, Medicine Lake, and Schmidt Lake, and why those projects are not slated to begin until 2001. Assistant Lueckert responded the primary source of funds is the capital levy and the draw on that fund for the Activity Center and Field House will tie up that fund through 2000. Manager Johnson added that there is a concern about adequate staffing to accomplish all of the engineering projects. Councilmember Black said there should be a specific source of funds for the surface water management projects because otherwise they tend to fall behind other capital requests. Manager Johnson said that funding options will be presented during budget considerations. Councilmember Harstad suggested that the Council could designate funds for water resource management projects from the 1998 general fund surplus. Councilmember Bildsoe said the Activity Center/Field House is likely the last big project for several years. He believes that working on these water quality issues is the next big project for the City. Councilmember Black expressed frustration that the Parkers Lake study was presented to the Council about five years ago, and nothing is proposed to be funded for another two years. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 99-141 APPROVING THE 1999-2003 CAPITAL IMPROVEMENTS PROGRAM (CIP) FOR THE CITY OF PLYMOUTH. Councilmember Black said she will not support the motion because she has not had adequate time to review the proposals. Motion carried, six ayes; Black nay. 8.41999 Park Facility Rental Fees and Policies Park Director Blank recommended park facility rental fees and policies for 1999. He said that two policies include a proposal to delete language regarding obscene or lewd lyrics. This is based on the city attorney's opinion that this is an infringement on free speech and is not enforceable if challenged. He said the City has not had problems in the past with lewd or obscene lyrics. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 99-142 APPROVING 1999 RENTAL FEES AND POLICIES, deleting language regarding obscene or lewd lyrics. Adopted City Council Minutes March 16, 1999 Page 14 Motion to amend was made by Councilmember Johnson, seconded by Mayor Tierney, to retain the language prohibiting obscene or lewd lyrics. Councilmember Johnson said this standard is appropriate for stage areas next to playgrounds. Councilmember Black expressed concern that including the language may cause residents to believe that the City can enforce it. Mayor Tierney said the language may not be enforceable, but it will send a message. Attorney Knutson said many cities with similar language have not been successful in defending it. Councilmember Harstad asked if there were other charges which could be considered if an incident occurred of someone being loud or obscene. Public Safety Director Gerdes responded that each incident would have to be considered at the time it occurred. Performance art issues are very difficult. Motion was made by Mayor Tierney, seconded by Councilmember Spigner, to suspend the rules and extend the adjournment time to 10:15 p.m. Motion carried, seven ayes. Councilmember Spigner indicated concern with providing a false sense of security to the public and added that the definition of art if very controversial. Councilmember Johnson asked what would occur if a hate group wanted to rent the stage. Motion was made by Councilmember Slavik, seconded by Councilmember Spigner, to call the question. Motion carried, six ayes; Johnson nay. Motion to amend carried: Johnson, Bildsoe, Slavik, and Tierney ayes; Black, Harstad, and Spigner nays. Main motion as amended carried: Johnson, Bildsoe, Slavik and Tierney ayes; Black, Harstad, and Spigner nays. 8.5 (6.09) Membership in Municipal Legislative Commission Councilmember Bildsoe asked that staff research the process for terminating membership in the Municipal Legislative Commission (MLC). He said that legislation is not going well for local governments this session, and he will seriously consider the City's memberships to lobbying organizations for the 2000 budget. Councilmember Harstad said that in the Reform Party era, lobbyists have less access to legislators. He agreed that the City may not get adequate benefit from its lobbyist organizations. Adopted City Council Minutes March 16, 1999 Page 15 Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 99-143 APPROVING 1999 MEMBERSHIP DUES IN MUNICIPAL LEGISLATIVE COMMISSION. Motion carried, seven ayes. 9.1 1998 UNAUDITED FINANCIAL STATEMENTS Finance Director Hahn presented the 1998 Unaudited Financial Statements. He explained the status of the various replacement reserve funds and recommended transfer of funds. Motion was made by Councilmember Johnson, seconded by Mayor Tierney, to suspend the rules and extend the adjournment time until the agenda items are completed. Motion carried: five ayes; Spigner and Black nays. Finance Director Hahn reported that in the 1999 budget and onward, the internal budgets will not be charged funds for the Risk Management Reserve Fund. In response to a question by Councilmember Harstad, Finance Director Hahn said it is the Council's option whether to designate some funds to the Water Resources Fund. Councilmember Harstad said that he would like to consider identifying some of the funds remaining in reserve for the General Fund toward the Water Resource Management projects. City Manager Johnson said this would violate a long-standing City policy to keep a cash balance of 40 percent of the general fund. Finance Director Hahn added that this is one issue Moody's reviews carefully in determining bond ratings. Councilmember Bildsoe suggested that funds could be transferred to the Project Administration Fund rather than the Capital Improvement Fund. This could accommodate any additional Y2K or Comprehensive Plan expenses. He said the Council could transfer funds from the Project Administration Fund to the Water Resources Fund in the future. Councilmember Harstad did not support moving monies from fund to fund unless necessary. Manager Johnson suggested that the Council consider the funding issues for the Water Resource Management projects during budget considerations. He said the proposed resolution would transfer $180,000 to the Capital Improvement Fund to ensure that Parkers Lake and Medicine Lake improvements can be done as soon as possible. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-144 TRANSFERRING FUNDS FROM GENERAL FUND TO PARK REPLACEMENT FUND. Motion carried, seven ayes. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-145 TRANSFERRING FUNDS FROM GENERAL FUND TO PUBLIC FACILITIES FUND. Motion carried, seven ayes. Adopted City Council Minutes March 16, 1999 Page 16 Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-146 TRANSFERRING FUNDS FROM GENERAL FUND TO INFORMATION TECHNOLOGY RESERVE. Motion carried, seven ayes. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-147 TRANSFERRING FUNDS FROM GENERAL FUND TO CITY SURVEY RESERVE. Motion carried, seven ayes. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-148 TRANSFERRING FUNDS FROM GENERAL FUND TO YEAR 2000 CONTINGENCY RESERVE. Motion carried, seven ayes. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-149 TRANSFERRING FUNDS FROM GENERAL FUND TO COMPREHENSIVE PLAN RESERVE. Motion carried, seven ayes. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-150 TRANSFERRING FUNDS FROM GENERAL FUND TO CAPITAL IMPROVEMENT FUND. Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adjourn the meeting at 10:30 p.m. i Clerk Adopted City Council Minutes March 16, 1999 Page 17 Attachment A CITY OF PLYMOUTH FINDINGS OF FACT AND DECISION City of Plymouth Liquor Licensing Complaint Against TGI Friday's of MN Inc., d/b/a Italianni's On March 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. TGI Friday's of MN Inc., d/b/a Italianni's ("Italianni's") is the holder of an on -sale intoxicating liquor license issued pursuant to Plymouth City Code Section 1206. 2. Italianni's is located at 220 Carlson Parkway in the City of Plymouth. 3. On August 12, 1998, Italianni's employees Jennifer L. Strick and Alberto Franco sold a bottle of Miller Lite beer to a person who was under twenty-one years of age. Jennifer L. Strick and Alberto Franco did not ask to see identification, nor did they ask the date of birth of the underage person. 4. Jennifer L. Strick's and Alberto Franco'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 November 13, 1998, prosecution of Jennifer L. Strick for selling alcoholic beverages to an underage person in violation of Minnesota Statute 340A.503, Subd. 2(1) was suspended for a period of one year upon condition of no same or similar offenses and payment of 100.00 in prosecution costs. 7. On February 19, 1999, Italianni's was notified in compliance with law of the above violation, and informed that an administrative hearing would be held before the City Council on March 2, 1999. 8. The Notice informed Italianni's that civil sanctions would be considered as a result of the violation. Adopted City Council Minutes March 16, 1999 Page 18 9. Italianni's received the Notice and its representatives attended the March 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. Italianni's on -sale intoxicating liquor license is suspended for five (5) consecutive days, to be determined at the discretion of the City. 2. Italianni's shall pay a civil sanction to the City in the amount of One Thousand and No/100 Dollars ($1,000.00) by April 1, 1999. 3. The civil sanction imposed herein constitutes Italianni's first violation and first appearance before the City Council, pursuant to City Code Section 1206.22. Dated: March 16, 1999. Adopted City Council Minutes March 16, 1999 Page 19 Attachment B CITY OF PLYMOUTH FINDINGS OF FACT AND DECISION City of Plymouth Liquor Licensing Complaint Against Chili's of Minnesota, Inc., d/b/a Chili's Bar & Restaurant On March 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. Chili's of Minnesota, Inc., d/b/a Chili's Bar & Restaurant ("Chili's") is the holder of an on - sale intoxicating liquor license issued pursuant to Plymouth City Code Section 1206. 2. Chili's is located at 4000 Vinewood Lane in the City of Plymouth. 3. On November 6, 1998, Chili's employee Robert A. Donovan sold a Bartles & James wine cooler to a person who was under twenty-one years of age. Robert A. Donovan did not ask to see identification, nor did he ask the date of birth of the underage person. 4. Robert A. Donovan's sale of a wine cooler 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 January 11, 1999, Robert A. Donovan pleaded guilty to selling alcoholic beverages to an underage person in violation of Minnesota Statute 340A.503, Subd. 2(1). 7. On February 19, 1999, Chili's was notified in compliance with law of the above violation, and informed that an administrative hearing would be held before the City Council on March 2, 1999. 8. The Notice informed Chili's that civil sanctions would be considered as a result of the violation. 9. Chili's received the Notice and its representative attended the March 2, 1999 City Council meeting. The representative admitted at the hearing that the violation occurred. Adopted City Council Minutes March 16, 1999 Page 20 10. There are no mitigating circumstances that excuse the violation. DECISION 1. Chili's on -sale intoxicating liquor license is suspended for five (5) consecutive days, to be determined at the discretion of the City. 2. Chili's shall pay a civil sanction to the City in the amount of Five Hundred and No/100 Dollars ($500.00) by April 1, 1999. 3. The civil sanction imposed herein constitutes Chili's first violation and first appearance before the City Council, pursuant to City Code Section 1206.22. Dated: March 16, 1999. Adopted City Council Minutes March 16, 1999 Page 21 Attachment C CITY OF PLYMOUTH FINDINGS OF FACT AND DECISION City of Plymouth Liquor Licensing Complaint Against AppleAmerican Ltd. Partnership of Minnesota, Inc., d/b/a Applebee's Bar & Restaurant On March 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. AppleAmerican Ltd. Partnership of Minnesota, Inc., d/b/a Applebee's Bar & Restaurant Applebee's") is the holder of an on -sale intoxicating liquor license issued pursuant to Plymouth City Code Section 1206. 2. Applebee's is located at 3500 Vicksburg Lane North. in the City of Plymouth. 3. On November 6, 1998, Applebee's employee Justin J. Novatney sold a bottle of Budweiser beer to a person who was under twenty-one years of age. Justin J. Novatney did not ask to see identification, nor did he ask the date of birth of the underage person. 4. Justin J. Novatney'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 February 5, 1999, Justin J. Novatney pleaded guilty to selling alcoholic beverages to an underage person in violation of Minnesota Statute 340A.503, Subd. 2(1). 7. On February 19, 1999, Applebee's was notified in compliance with law of the above violation, and informed that an administrative hearing would be held before the City Council on March 2, 1999. 8. The Notice informed Applebee's that civil sanctions would be considered as a result of the violation. Adopted City Council Minutes March 16, 1999 Page 22 9. Applebee's received the Notice and its representative attended the March 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. Applebee's on -sale intoxicating liquor license is suspended for five (5) consecutive days, to be determined at the discretion of the City. 2. Applebee's shall pay a civil sanction to the City in the amount of Five Hundred and No/ 100 Dollars ($500.00) by April 1, 1999. 3. The civil sanction imposed herein constitutes Applebee's first violation and first appearance before the City Council, pursuant to City Code Section 1206.22. Dated: March 16, 1999.