HomeMy WebLinkAboutCity Council Minutes 04-20-1999Adopted Minutes
Regular Council Meeting
April 20, 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 April 20, 1999.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Spigner, Black, Harstad, Johnson,
Bildsoe, and Slavik.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, 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 for the Forum.
4.1 Arbor Day Proclamation and Tree City USA Award
Mayor Tierney stated that Plymouth has been named a Tree City USA for the 15`' consecutive
year, and she proclaimed Arbor Day. City Forester Paul Buck invited the Council and residents
to attend a planting event on May 7 at Birchview Elementary School. Representatives of the
Green Team from Birchview Elementary School explained their project and invited the Council
and residents to attend the May 7 event.
4.2 Annual Report on Volunteer Program
Volunteer Coordinator Nancy Anderson presented the annual report on the Volunteer Program.
There were 924 volunteers for the City during 1998 serving in 71 different volunteer positions
for a total of 12,196 hours. This equals a value added of $167,451 to the City.
4.3 Ward 1
Councilmember Bildsoe announced that he is available to meet with residents for one hour prior
to each council meeting at City Hall.
5 Approve Agenda
The issues of water treatment facility tour, drainage ditches, and I-494 Corridor Commission
were requested for addition to the agenda.
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to approve
the agenda with the addition of the requested items. Motion carried, seven ayes.
Adopted City Council Minutes
April 20, 1999
Page 2
6 Consent Agenda
Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to approve
the consent agenda. Motion carried, seven ayes.
Councilmember Spigner registered a no vote on Item 6.08.
6.01 Approve Minutes
Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to approve
the April 13 special meeting minutes. Motion carried, seven ayes.
6.02 Approve Disbursements
Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt
RESOLUTION 99-181 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING
APRIL 9, 1999. Motion carried, seven ayes.
6.03 City Policy on Funding of Human Service Agencies
Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt
RESOLUTION 99-182 APPROVING REVISIONS TO POLICY RELATING TO CITY
FUNDING OF HUMAN SERVICE AGENCIES. Motion carried, seven ayes.
6.04 Adopt Findings of Fact for Civil Penalties for Liquor Law Violations
Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt
Findings of Fact for liquor law violation penalties imposed on April 6, 1999, for Four Seasons
Liquor II, Inc., 4232 Lancaster Lane; Blue Wave Ventures, Inc., d/b/a Green Mill Restaurant,
2705 Annapolis Lane N.; TGI Friday's Inc., d/b/a Italianni's, 220 Carlson Parkway; and D & D
of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack, 11308 Highway 55. Motion carried, seven
ayes.
6.05 Setting Public Hearing for Street Vacation, Greentree West
Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt
RESOLUTION 99-183 ORDERING PUBLIC HEARING ON THE VACATION OF
BROCKTON LANE STREET RIGHT—OF—WAY IN GREENTREE WEST. Motion
carried, seven ayes.
6.06 Construction Cooperative Agreement For Traffic Control System
Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt
RESOLUTION 99-184 APPROVING CONSTRUCTION COOPERATIVE
AGREEMENT, TEMPORARY TRAFFIC CONTROL SIGNAL SYSTEM, COUNTY
PROJECT NO. 9868. Motion carried, seven ayes.
Adopted City Council Minutes
April 20, 1999
Page 3
6.07 1999 Citizen Survey Request for Proposals
Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt
RESOLUTION 99-185 AUTHORIZING REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICES FOR CITIZEN SURVEY. Motion carried, seven ayes.
6.08 Cleanup Grant Applications for Village at Bassett Creek Development, Phase 2
Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt
RESOLUTION 99-186 AUTHORIZING SUBMISSION OF AN APPLICATION TO THE
MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT'S
CONTAMINATION CLEANUP GRANT PROGRAM FOR THE VILLAGE AT
BASSETT CREEK DEVELOPMENT and RESOLUTION 99-187 AUTHORIZING
SUBMISSION OF AN APPLICATION TO THE METROPOLITAN COUNCIL'S
LIVABLE COMMUNITIES TAX BASE REVITALIZATION ACCOUNT FOR THE
VILLAGE AT BASSETT CREEK DEVELOPMENT. Motion carried: six ayes; Spigner nay.
6.09 Reinstallation of Disc Golf Course at Plymouth Creek Park
Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt
RESOLUTION 99-188 APPROVING INSTALLATION OF DISC GOLF COURSE.
Motion carried, seven ayes.
8.1 Proposal from CSR to Operate Skate Park Adjacent to Plymouth Ice Center
Park Director Blank presented the staff report on the proposal from Community Sports and
Recreation (CSR) to operate a skate park adjacent to the Plymouth Ice Center.
Councilmember Slavik said that under the proposal, the City would spend about $10,000 to
install a fence for the skate park. She asked about the use of the fence once the skate park is
removed. She also asked if adjacent residents have been notified of the proposed use.
Park Director Blank explained that three sides of the fence would be permanent, with one
removable portion which could be used elsewhere. No residents have been notified to date.
Plymouth Towne Square and an apartment complex are located north of this site. He said that
CSR would be required to provide and pay for liability insurance and the City would be named
co—insured. CSR would also be responsible for staffing at the site; however, he anticipates that
the ice arena staff would also monitor activities at the site. In response to Council concerns
about the cost of lighting the site and operations, Director Blank suggested that it is premature to
discuss lighting for the site. He recommended that the site close at sundown.
Councilmember Bildsoe asked if alternate sites, such as Wayzata High School, have been
considered for the skate park and asked about the proposed equipment.
Director Blank stated the proposed location adjacent to the ice arena is the best of the three sites
that were considered by CSR. The other sites were Oakwood Playfield which is inadequate due
Adopted City Council Minutes
April 20, 1999
Page 4
to parking constraints in the evenings, and Plymouth Creek Playfield which has nearby uses such
as a playground that may conflict with a skate park. CSR hopes to acquire the equipment from 4
Down Skate Park which recently closed and convert it to outdoor equipment. The City could
require a registered engineer to approve the equipment. He is confident there is adequate parking
at the ice center for this use from May through August, considering that 50 parking spaces would
be lost due to the skate park.
Councilmember Black said that patrons of the skate park would sign liability waivers, but it is
her understanding that waivers are not very useful. She has concerns about liability to the City.
Councilmember Johnson said that last summer there was a roaming skate park which moved to
several communities, and Maple Grove has a skate park this year. She said that perhaps
discussions should be held with surrounding communities to consider a regional facility.
Director Blank was unsure why the roaming skate park was discontinued this year. The Maple
Grove facility is located north of I-694 so it would not be easily accessible to Plymouth youth.
In response to Council questions, Director Blank said that neither the Park and Recreation
Advisory Commission or the Youth Advisory Council has reviewed the skate park proposal.
There has been no study regarding noise from the skates on the ramps and the potential impact
on the adjacent neighborhood. He said there would have to be strict control on any music at the
skate park because the outdoor pool is 150 feet away. He anticipated that most of the adjacent
residential units are air conditioned and noise would not be a problem. CSR would be required
to prepare an emergency plan which would be submitted to the Public Safety Department for
review.
Gary Ujifusa, CSA board member and parent of a skater, requested that in addition to all of the
legal and administrative issues involved in the decision, the Council also consider the need for
the park.
Wayne Cummings, Community Sports and Recreation, said their mission is to provide
community programming for people of all ages through traditional and non—traditional activities.
CSR will prepare a code of conduct for the facility. He said the City provides facilities for other
sports events and there is a need for a safe and appropriate location for in—line aggressive
skating, biking, and skateboarding.
Chip Weeks, Community Sports and Recreation, showed a model of the proposed skate park
which would include an area for beginners. He said the roaming skate parks do not typically
include bikes. He said CSR would purchase the equipment from 4 Down, and he could start
construction in about three weeks. CSR is a completely different entity from 4 Down. Mr.
Weeks said he built the 4 Down facility and an architect and registered engineer were part of that
project. He would have to make modifications to convert the indoor equipment for outside use.
The fenced area for the park would be 110 feet by 110 feet.
Adopted City Council Minutes
April 20, 1999
Page 5
Councilmember Harstad asked about the start—up costs.
Mr. Weeks said the existing ramps would cost $25,000 and new additional ramps would be
another $8,000. He responded to other questions that signs would be posted and possibly a
surveillance camera installed to prevent individuals from using the facility after hours. CSR
currently has no location to store the skate park equipment at the end of the season. He believes
that a skate park operated by CSR can be successful, even though 4 Down failed, because CSR is
a nonprofit group and there is no membership charge. CSR proposes a $5 entry fee for a four—
hour session which is less expensive than other skate parks; therefore, they will get more
participants. Mr. Weeks said the 4 Down group did not have enough capital and the facility rent
was very high. CSR hopes to eventually negotiate indoor space for an indoor facility for nine
months of the year. He said that 90 skaters can use the facility at one time, with another 25 to 40
in the beginner area. Maintenance and site cleanup would be done between sessions.
Councilmember Johnson said the 4 Down facility had inadequate staffing and a lack of
marketing. She is very concerned about the short time frame for consideration of this project and
the City's participation.
Mr. Weeks said that staffing would be done by individuals who are a minimum of 18 years old.
In response to a question about his involvement in the park, Mr. Weeks explained he would set
up and tear down the equipment, conduct special events, and be on the Board of CSR. He said
that no discussions have been held with Districts 281 or 284 about possible participation in the
project or alternative locations.
Gary Ujifusa explained that skate parks require a lot of space, require a fair amount of staff, and
have initial capital costs. It makes sense that the skate park be operated by a nonprofit
organization. He said the number of aggressive skaters has increased significantly in recent years
and three aggressive parks were operated in Minnesota in 1996. There are 14 parks projected by
the end of 1999. He said that marketing would include a web page with e—mail distributions,
contests, city publications, business card program, school, community organizations, public
sector alliance, and special events. He described the operating assumptions — the hours of
operation would be 12-4 and 5-9; annual operating days of 137 in 1999 and 177 in 2000/2001;
annual operating weeks 20 in 1999 and 25 in 2000/2001; participation 50 per day in 1999; 60+
per day in 2000/2001; admission of $5; concessions of $3 per person per day with concessions
operated by CSR; active parent volunteers and committed City funding.
Councilmember Harstad said he supports the concept of a skate park, but is concerned about the
33,000 capital start—up cost. He has experience establishing a facility with a nonprofit group.
There is a lot of support and donations, but the initial capital costs are difficult.
Mr. Ujifusa said the initial funding source has not been identified. CSR either needs to make a
financing arrangement with 4—Down for the purchase of equipment or possibly receive funding
assistance from the City. He said that CSR needs to know that they have a good possibility of
Adopted City Council Minutes
April 20, 1999
Page 6
receiving space from the City before they proceed to raise funds. Mr. Ujifusa said he has social
service and solid business experience. He agreed that the initial capital needs are a concern, but
he is confident that a new business can be established if the financing is accomplished. There is
grant money available for skate parks, but it would be difficult to get in place in the next several
weeks. He said CSR plans to recruit staff for the skate park through college internships.
Councilmember Johnson asked if there is a plan for where the equipment would go in October.
Mr. Ujifusa said there have been discussions of moving the equipment to an indoor park, but he
doesn't believe this could financially occur in the first year. He said the group may look to the
City for storage space.
Mayor Tierney said that there are major areas to be resolved with respect to this proposal and she
doesn't believe the Council can take action at this point.
Councilmember Bildsoe agreed that the proposal is not ready for Council action. He said the
project would be located on City property; therefore, all questions need to be thoroughly
answered because City involvement in the skate park operation will be perceived.
Councilmember Spigner understood the need for this organization to move forward as quickly as
possible; however, she noted there are many concerns to be addressed. The project should be
directed to the Park and Recreation Advisory Commission to allow issues to be resolved.
Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to refer
the proposal to the Park and Recreation Advisory Commission for review and recommendation
as soon as possible.
Councilmember Johnson said she would also like a determination by the Park and Recreation
Advisory Commission that a skate park is needed in this area. She would also like the school
districts involved, and she noted that this concept originated at the Communities in Collaboration
Council. She doesn't believe that all of the issues related to the proposal can be addressed in the
next five weeks, including commission review and citizen notification.
Councilmember Black said that one of the difficulties is that the Council doesn't have a full
understanding of the financial commitment requested of the City. She would be willing to
consider the project on this site if the financial issues are resolved to the City's satisfaction.
Councilmember Bildsoe expressed concern that the City has been asked to do this and the school
districts have not been approached either for financing or for a location.
Mayor Tierney offered to explore the organization and operating concepts used for the Mound
skate park.
Adopted City Council Minutes
April 20, 1999
Page 7
Councilmember Black said it is premature to forward the project to the Park and Recreation
Advisory Commission for a recommendation. It is only one item on a list of things that need to
be done.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to call the
question. Motion carried, six ayes; Spigner nay.
Motion failed: Spigner aye; six nays.
Dave Watson, 100 Parkers Lake Road, supported the skate park because it would be accessible to
Plymouth young who do not drive.
Mark Ujifusa, 1315 Harbor Lane, said that without a skate park, people will skate in the streets
and other locations, which is not desired by the City.
Sam Lemke, 100 Parkers Lake Road, appeared in support of the skate park.
Park Director Blank advised that there could be no quick review of this proposal by the Park and
Recreation Advisory Commission. They are involved in issues pertaining to the Comprehensive
Plan Update.
In response to a question from Councilmember Bildsoe, Wayne Cummings said CSR would
support the conditions outlined in the staff report.
Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to request
that CSR work on a business plan and funding issues, address all of the points in the staff report,
discuss with the school districts opportunities for funding and alternate locations, complete issues
relating to their nonprofit status and by laws, and address any other issues referred from the Park
and Recreation Director. In addition, the Council wishes to receive a risk analysis on the
proposed project from the Risk Management Coordinator, receive a report from the police
department regarding concerns, reports, or problems related to skateboarding in the City, receive
a recommendation on the project from the Park and Recreation Advisory Commission and the
Youth Advisory Council, include a question about City support for a skate park on the Citizen
Survey, and discuss the skate park issue with neighboring communities. The Council indicated
that they also wish to notify the neighborhood of the project, but this would be done only if the
project appears it may move forward.
Councilmember Johnson noted that the Activity Center and the Comprehensive Plan are high
priorities for the staff and Council this year. The Council may be interested in doing something
on a skate park, but there is little time to work on this issue in 1999.
Councilmember Black said that she does not wish to consider lighting issues, and the hours of
operation should provide for closing at sunset and no later than 9 p.m.
Adopted City Council Minutes
April 20, 1999
Page 8
Councilmember Slavik said that the safety issues involved with children using the streets for this
recreation should also be considered.
Motion carried, seven ayes.
8.2 Plymouth Civic League 1999 Contribution Request
City Manager Johnson said that at the last budget session, the City Council allocated $17,500 to
the Plymouth Civic League, but indicated that the item should be placed on the Council agenda
for consideration.
Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt
RESOLUTION 99-189 APPROVING 1999 CONTRIBUTION TO THE PLYMOUTH
CIVIC LEAGUE.
Mayor Tierney said she will support the resolution, but encouraged the Plymouth Civic League
to start getting broader membership support or perhaps ask the City to work closer with the Civic
League.
Motion carried, seven ayes.
8.3 Lawn Fertilizer Application Control
Public Works Director Moore presented the recommendation of the Environmental Quality
Committee to adopt an ordinance prohibiting the use of fertilizer containing any quantity of
phosphorous, except with limited and approved exceptions. The Environmental Quality
Committee has recommended that the ordinance be immediately effective, although staff will
need to do significant public notification.
Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt
ORDINANCE 99-10 AMENDING CHAPTER XI OF THE PLYMOUTH CITY CODE
CONCERNING LAWN FERTILIZER APPLICATION CONTROL.
Councilmember Black explained that phosphorus is not needed in Plymouth on the soil, as
confirmed by soil testing. This ordinance empowers residents to do an important thing for the
environment.
Councilmember Slavik asked if fertilizer without phosphorus is available locally.
Director Moore said that the fertilizer is available in the metro area, and staff will contact the
Plymouth businesses that carry fertilizer to encourage them to stock it.
Adopted City Council Minutes
April 20, 1999
Page 9
Councilmember Harstad suggested that the City drop the phosphorus level to 3 or lower, with the
option of subsequently lowering it to zero. He believes it may present an initial hardship for the
public.
Councilmember Black said that three issues were evaluated in the study of Parkers Lake in
1993-94, one of which was phosphorus. It was estimated to cost about $2.5 to $3 million to
correct that environmental situation. The use of phosphorus is damaging the environment in
Plymouth.
Motion to amend was made by Councilmember Harstad, seconded by Councilmember Johnson,
to set the allowable level of phosphorus in fertilizer at 3 or less, which is the same amount
proposed by the Met Council Environmental Services. He said the City would be consistent with
the region and could take advantage of their publicity on the subject.
Motion was made by Councilmember Black, seconded by Councilmember Spigner, to call the
question. Motion carried, seven ayes.
Motion to amend failed: Slavik and Harstad ayes; five nays.
City Manager Johnson said there is need for education on this ordinance requirement and
suggested a 30 or 60 day effective date.
Motion to amend was made by Councilmember Slavik, seconded by Councilmember Bildsoe, to
establish a 60—day effective date for this ordinance.
Councilmember Black preferred that the Council direct that education be used in lieu of the
misdemeanor penalty for the first year of the ordinance.
Motion to substitute was made by Councilmember Black, seconded by Councilmember Bildsoe,
to direct staff to use education for the first year of the ordinance in lieu of prosecution.
The Council noted that the ban on the use of phosphorus by commercial applicators has been in
place for several years and prosecution would not be suspended in those cases.
Motion to substitute carried, seven ayes. Main motion carried, seven ayes.
8.4 Recreational Facility Name
Park Director Blank presented the staff report on the naming of the new Activity Center and
Field House recreational facility. The Park and Recreation Advisory Commission recommended
the name Plymouth Activity Center, but Park Director Blank suggested that the name Plymouth
Creek Center would be preferable for marketing purposes.
Adopted City Council Minutes
April 20, 1999
Page 10
Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt
RESOLUTION 99-190 APPROVING NAME OF NEW RECREATIONAL FACILITY as
Plymouth Creek Center.
Councilmember Bildsoe agreed that marketability and location are strengths with the name. It is
also a generic name that will not limit the use of the facility.
Councilmembers Harstad and Slavik indicated preferences for the name Plymouth Activity
Center. Councilmember Slavik said the center belongs to the entire City and naming it to an area
of the City, Plymouth Creek, may limit it.
Mayor Tierney said that she preferred the name Plymouth Activity and Arts Center, but she
hadn't considered the marketing aspect of the name.
Motion carried, five ayes; Slavik and Harstad nays.
Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to suspend
the rules and extend the adjournment time to 10:20 p.m. Motion carried, seven ayes.
8.5 Property and Liability Insurance and Fund Transfers
Finance and Information Technology Director Hahn presented the staff report on the proposed
award of property and liability insurance and fund transfers. Risk Management Coordinator
Pemberton was present to answer questions.
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt
RESOLUTION 99-191 AWARDING THE CONTRACT FOR INSURANCE FOR THE
1999/2000 INSURANCE PROGRAM. Motion carried, seven ayes.
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt
RESOLUTION 99-192 TRANSFERRING FUNDS FROM RISK MANAGEMENT FUND
TO CAPITAL IMPROVEMENT FUND. Motion carried, seven ayes.
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt
RESOLUTION 99-193 TRANSFERRING FUNDS FROM RISK MANAGEMENT FUND
TO EMPLOYEE WELLNESS PROGRAM. Motion carried, seven ayes.
8.6 1999 Seal Coat Program
Public Works Director Moore presented the staff report on the proposed 1999 Seal Coat
Program. He said there is no definite research that proves what sealcoating does to extend street
life; however, most people believe that sealcoating extends street life by 8 to 11 years. He said
that sealcoating is used by 10 of 11 cities surveyed in the area, and he recommended that the
program be continued.
Adopted City Council Minutes
April 20, 1999
Page 11
Councilmember Bildsoe said he does not favor this program because there is only anecdotal
research showing that there is any usefulness from the process.
Councilmember Harstad said he initially shared these concerns; however, sealcoating gives the
streets a uniform look which covers pothole repairs. He believes this is important to the public.
Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt
RESOLUTION 99— APPROVING PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS, 1999 SEAL COAT PROGRAM. Motion carried: five ayes;
Johnson and Bildsoe nays.
9.1 City Council June Meeting Schedule
Motion was made by Councilmember Johnson, seconded by Mayor Tierney, to adopt
RESOLUTION 99-195 REVISING COUNCIL MEETING SCHEDULE FOR JUNE, due
to the League of Minnesota Cities meeting in Rochester.
Motion was made by Councilmember Black, seconded by Councilmember Spigner, to call the
question. Motion carried, seven ayes. Main motion carried, seven ayes.
9.2 Legislative Update
Councilmember Johnson reported on the status of the tax increment financing penalty bill.
9.3 Process for Declaring Vacancy and Appointing Councilmember
The Council congratulated Saundra Spigner on her appointment by Governor Ventura to the
Metropolitan Council. Councilmember Spigner said that she does not intend to resign her
Council seat until Senate confirmation of the appointment. She announced that this will be her
last Council meeting, as she will take the duties of the Metropolitan Council on Thursday.
Motion was made by Councilmember Johnson, seconded by Councilmember Black, to direct
staff to solicit applicants for a potential vacancy in the Ward 3 City Council seat. Motion
carried, seven ayes.
Motion was made by Councilmember Johnson, seconded by Councilmember Black, to suspend
the rules and extend the adjournment time to 10:25 p.m. Motion carried, seven ayes.
9.4 Water Treatment Facility Tour
Councilmember Bildsoe requested that staff arrange a tour of the water treatment facility in June
or after a new Councilmember is appointed.
9.5 Drainage Ditches
Councilmember Black requested that the issue of drainage ditches be added to the list of future
study session items. This may include notification, who is subject to ditch clean—out, and impact
on abutting residences.
Adopted City Council Minutes
April 20, 1999
Page 12
9.6 I-494 Corridor Commission
Mayor Tierney reported on the recent meeting of the I-494 Corridor Commission at the traffic
monitoring center.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adjourn
the meeting at 10:25 p.m. Motion carried, seven ayes.
rA /. L-
Adopted City Council Minutes
April 20, 1999
Page 13
Attachment A
CITY OF PLYMOUTH
FINDINGS OF FACT AND DECISION
City of Plymouth Liquor
Licensing Complaint Against
Four Seasons Liquor, Inc.,
On April 6, 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. Four Seasons Liquor II, Inc. is the holder of an on—sale intoxicating liquor license issued
pursuant to Plymouth City Code Section 1206.
2. Four Seasons Liquor II, Inc. is located at 4232 Lancaster Lane in the City of Plymouth.
3. On October 27, 1998, Four Seasons Liquor II, Inc. employee Kerry A. Donnelly sold a
twelve—pack of Miller Genuine Draft beer to a person who was under twenty—one years of age.
Kerry A. Donnelly did ask to see identification, The underage person produced a valid Minnesota
driver's license showing that he was under twenty—one years of age. Kerry A. Donnelly then
continued with the sale of the alcoholic beverage.
4. Kerry A. Donnelly'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 March 4, 1999, Kerry A. Donnelly pleaded guilty to selling alcoholic beverages
to an underage person in violation of Minnesota Statute 340A.503, Subd. 2(1).
7. On March 25, 1999, Four Seasons Liquor II, Inc. was notified in compliance with law of the
above violation, and informed that an administrative hearing would be held before the City
Council on April 6, 1999.
8. The Notice informed Four Seasons Liquor II, Inc. that civil sanctions would be considered as
a result of the violation.
Adopted City Council Minutes
April 20, 1999
Page 14
9. Four Seasons Liquor II, Inc. received the Notice and its representatives attended the April 6,
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. Four Seasons Liquor II, Inc. on—sale intoxicating liquor license is suspended for five (5)
consecutive days, to be determined at the discretion of the City.
2. Four (4) days of the license suspension are hereby stayed for eighteen months from the date
these Findings are adopted, upon condition of no violation of State law or City ordinance
involving sale, consumption or display of alcoholic beverages. If a violation occurs, the stay shall
be revoked immediately, if ordered by the City Council after a hearing. The hearing on the
revocation of the stay may proceed before final disposition of the criminal case on the new
violation.
3. Four Seasons Liquor II, Inc. shall pay a civil sanction to the City in the amount of Five
Hundred and No/100 Dollars ($500.00).
4. The civil sanction imposed herein constitutes Four Seasons Liquor II, Inc. first violation and
first appearance before the City Council, pursuant to City Code Section 1206.22.
Dated: April 6, 1999.
Adopted City Council Minutes
April 20, 1999
Page 15
Attachment B
CITY OF PLYMOUTH
FINDINGS OF FACT AND DECISION
City of Plymouth Liquor
Licensing Complaint Against
Blue Wave Ventures, Inc.,
d/b/a Green Mill Restaurant
On April 6, 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. Blue Wave Ventures, Inc., d/b/a Green Mill Restaurant is the holder of an on—sale intoxicating
liquor license issued pursuant to Plymouth City Code Section 1206.
2. Green Mill Restaurant is located at 2705 Annapolis Lane in the City of Plymouth.
3. On November 6, 1998, Green Mill Restaurant employee Anthony T. Blais sold a Seagram's
Berry Wine Cooler to a person who was under twenty—one years of age. Anthony T. Blais did
ask to see identification. The underage person produced a valid Minnesota driver's license
showing that she was under twenty—one years of age. Anthony T. Blais then continued with the
sale of the Seagram's Berry Wine Cooler.
4. Anthony T. Blais'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 March 5, 1999, Anthony T. Blais pleaded guilty to selling alcoholic beverages to
an underage person in violation of Minnesota Statute 340A.503, Subd. 2(1).
7. On March 25, 1999, Green Mill Restaurant was notified in compliance with law of the above
violation, and informed that an administrative hearing would be held before the City Council on
April 6, 1999.
8. The Notice informed Green Mill Restaurant that civil sanctions would be considered as a
result of the violation.
Adopted City Council Minutes
April 20, 1999
Page 16
9. Green Mill Restaurant received the Notice and its representative attended the April 6, 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. Green Mill Restaurant on—sale intoxicating liquor license is suspended for five (5)
consecutive days, to be determined at the discretion of the City.
2. Three (3) days of the license suspension are hereby stayed for twelve months from the date
these Findings are adopted, upon condition of no violation of State law or City ordinance
involving sale, consumption or display of alcoholic beverages. If a violation occurs, the stay shall
be revoked immediately, if ordered by the City Council after a hearing. The hearing on the
revocation of the stay may proceed before final disposition of the criminal case on the new
violation.
3. Green Mill Restaurant shall pay a civil sanction to the City in the amount of Five Hundred
and No/100 Dollars ($500.00).
4. The civil sanction imposed herein constitutes Green Mill Restaurant first violation and first
appearance before the City Council, pursuant to City Code Section 1206.22.
Dated: April 6, 1999.
Adopted City Council Minutes
April 20, 1999
Page 17
Attachment C
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 April 6, 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 November 2, 1998, Italianni's employee Adam T. Fielitz sold a bottle of Miller Genuine
Draft beer to a person who was under twenty—one years of age. did ask to see identification. The
underage person produced a valid Minnesota driver's license showing that he was under twenty—
one years of age. Adam T. Fielitz then continued with the sale of the Miller Genuine Draft beer.
4. Adam T. Fielitz'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 January 11, 1999, Adam T. Fielitz pleaded guilty to selling alcoholic beverages
to an underage person in violation of Minnesota Statute 340A.503, Subd. 2(1).
7. On March 25, 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 April 6,
1999.
8. The Notice informed Italianni's that civil sanctions would be considered as a result of the
violation.
Adopted City Council Minutes
April 20, 1999
Page 18
9. Italianni's received the Notice and its representatives attended the April 6, 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 ten (10) consecutive days, to be
determined at the discretion of the City.
2. Eight (8) days of the license suspension are hereby stayed for twelve months from the date
these Findings are adopted, upon condition of no violation of State law or City ordinance
involving sale, consumption or display of alcoholic beverages. If a violation occurs, the stay shall
be revoked immediately, if ordered by the City Council after a hearing. The hearing on the
revocation of the stay may proceed before final disposition of the criminal case on the new
violation.
3. Italianni's shall pay a civil sanction to the City in the amount of One Thousand and No/100
Dollars ($1,000.00).
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: April 6, 1999.
Adopted City Council Minutes
April 20, 1999
Page 19
Attachment D
CITY OF PLYMOUTH
FINDINGS OF FACT AND DECISION
City of Plymouth Liquor
Licensing Complaint Against
D & D of Minnesota, Inc.
d/b/a Famous Dave's BBQ Shack
On April 6, 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. D & D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack is the holder of an on—sale 3.2
malt liquor and wine license issued pursuant to Plymouth City Code Section 1206.
2. Famous Dave's BBQ Shack is located at 11308 State Highway 55 in the City of Plymouth.
3. On November 21, 1998, a Famous Dave's BBQ Shack juvenile employee sold a bottle of
Miller Lite beer to a person who was under twenty—one years of age. The juvenile employee did
not ask to see identification, nor did he ask the date of birth of the underage person.
4. The juvenile employee'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 March 25, 1999, Famous Dave's BBQ Shack was notified in compliance with law of the
above violation, and informed that an administrative hearing would be held before the City
Council on April 6, 1999.
7. The Notice informed Famous Dave's BBQ Shack that civil sanctions would be considered as
a result of the violation.
8. Famous Dave's BBQ Shack received the Notice and its representative attended the April 6,
1999 City Council meeting. The representative admitted at the hearing that the violation
occurred.
Adopted City Council Minutes
April 20, 1999
Page 20
9. There are no mitigating circumstances that excuse the violation.
DECISION
1. Famous Dave's BBQ Shack on—sale 3.2 malt liquor and wine liquor license is suspended for
sixty (60) consecutive days, to be determined at the discretion of the City.
2. Famous Dave's BBQ Shack shall pay a civil sanction to the City in the amount of two
thousand and No/ 100 Dollars ($2,000.00).
3. The civil sanction imposed herein constitutes Famous Dave's BBQ Shack's first violation and
first appearance before the City Council, pursuant to City Code Section 1206.22.
Dated: April 6, 1999.