HomeMy WebLinkAboutCity Council Minutes 06-01-1999Adopted Minutes
Regular Council Meeting
June 1,1999
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 June 1, 1999.
COUNCIL PRESENT: Mayor Tierney; Councilmembers 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, Planner
Rask, Park and Recreation Director Blank, City Attorney Knutson, and Assistant Manager
Ahrens.
3 Forum
Barbara Sorensen, 4915 Merrimac Lane, expressed concerns about the intersection of Schmidt
Lake Road and Peony Lane. She said the 35 mph posted speed limit is exceeded and access is
difficult for residents of the Conor Meadows development.
Mayor Tierney referred the issue to Public Works Director Moore for response.
Councilmember Bildsoe requested that Public Safety consider this location for traffic
enforcement.
4.1 Music in Plymouth
Barbara Willis, Kris St. Martin, and Bev Kottas represented the Plymouth Civic League. They
presented information on Music In Plymouth which will be held on June 30. Mele Willis
described the Family 5K Fun Run/Walk.
4.2 Presentation on Horse Patrol
Police Lieutenant Tom Saba presented information on the new Volunteer Horse Patrol program.
He introduced Officer Karen Forslund and volunteer members of the horse patrol.
5 Approve Agenda
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to approve
the agenda as amended. Motion carried, six ayes.
6 Consent Agenda
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to approve
the consent agenda as amended.
Adopted City Council Minutes
June 1, 1999
Page 2
Councilmembers Bildsoe and Johnson recorded no votes on Item 6.17.
Motion carried, six ayes.
6.01 Approve Minutes
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to approve
the May 11 special meeting minutes. Motion carried, six ayes.
6.02 Approve Disbursements
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-251 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING
MAY 21, 1999. Motion carried, six ayes.
6.03 Amendment to Ordinance Pertaining to Tobacco violations
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
ORDINANCE 99-16 AMENDING CHAPTER XI OF THE PLYMOUTH CITY CODE
REGARDING PRESUMPTIVE PENALTIES FOR VIOLATIONS RESULTING FROM
THE SALE OF TOBACCO AND RELATED PRODUCTS. Motion carried, six ayes.
6.04 Jem Properties. Rezoning and Preliminary Pat for "Gem Court"
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
ORDINANCE 99-17 AMENDING CHAPTER 21 (ZONING ORDINANCE) OF THE
CITY CODE TO CLASSIFY CERTAIN LAND LOCATED AT 710 AND 730 COUNTY
ROAD 101 (99017). Motion carried, six ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-252 APPROVING FINDINGS OF FACT FOR REZONING OF
PROPERTY LOCATED AT 710 AND 730 COUNTY ROAD 101 (99017). Motion carried,
seven ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-253 APPROVING A PRELIMINARY PLAT FOR JEM
PROPERTIES FOR GEM COURT LOCATED AT 710 AND 730 COUNTY ROAD 101
99017). Motion carried, seven ayes.
6.05 Visual Communications, Inc. Sign Variance for Plymouth Business Center (99029)
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-254 APPROVING SIGN VARIANCES TO ALLOW ADDITIONAL
FREESTANDING SIGNS IN THE PLYMOUTH BUSINESS CENTER FOR VISUAL
COMMUNICATION FOR PROPERTIES LOCATED AT THE NORTHEAST AND
SOUTHEAST CORNERS OF FERNBROOK LANE AND 34'x` AVENUE (99029). Motion
carried, six ayes.
Adopted City Council Minutes
June 1, 1999
Page 3
6.06 David and Teresa Ainsworth. Lot Width and Side Yard Setback Variances (99040)
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-255 APPROVING A LOT WIDTH VARIANCE AND SIDE YARD
SETBACK VARIANCE TO ALLOW THE CONSTRUCTION OF NEW HOME 11 FEET
FROM THE NORTH PROPERTY LINE AND 12 FEET FROM THE SOUTH
PROPERTY LINE FOR DAVID AND TERESA AINSWORTH FOR PROPERTY
LOCATED AT 950 GARLAND LANE (99040). Motion carried: six ayes.
6.07 Tri-State Drilling, Inc. Conditional Use Permit for Fence (99037)
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-256 APPROVING A CONDITIONAL USE PERMIT FOR TRI-
STATE DRILLING, INC. LOCATED AT 16940 STATE HIGHWAY 55 (99037). Motion
carried, six ayes.
6.08 Charter Commission Study Issue of Mayor Four—Year Term
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to request
that the Plymouth Charter Commission study a possible charter amendment to establish a four—
year term of office for the Mayor position. Motion carried, six ayes.
6.09 Cleaning Services for City Buildings
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-257 REJECTING BIDS FOR CLEANING SERVICES FOR CITY
BUILDINGS AND APPROVING A 3% INCREASE FOR HAUGEN BUILDING
MAINTENANCE INC. ON A MONTH TO MONTH BASIS. Motion carried, six ayes.
6.10 Findings of Fact for Administrative Civil Penalties Resulting from Alcohol
Compliance Check Violations
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
the findings of fact for TGI Friday's of Minnesota, Inc., d/b/a Italianni's Restaurant (Attachment
A). Motion carried, six ayes.
6.11 Auto Theft Prevention Grant
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-258 AUTHORIZING THE CITY MANAGER, FINANCE
DIRECTOR, AND PUBLIC SAFETY DIRECTOR TO ENTER INTO A GRANT
AGREEMENT THROUGH THE MINNESOTA AUTO THEFT PREVENTION BOARD.
Motion carried, six ayes.
6.12 Kennel License Approval
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-259 APPROVING KENNEL LICENSE FOR 1999. Motion carried, six
ayes.
Adopted City Council Minutes
June 1, 1999
Page 4
6.13 Authorization to Purchase Vests and Seek Federal Grant Reimbursement
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to
authorize the purchase of ten (10) new ballistic level IIIA vests for use by the police emergency
response unit (ERU) entry team; and authorize the City Manager and Public Safety Director to
make application for reimbursement of up to 50% of the costs through Federal Block Grant
monies. Motion carried, six ayes.
6.14 Reduction in Required Financial Guarantee
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt
RESOLUTION 99-260 REDUCING REQUIRED FINANCIAL GUARANTEE, SEVEN
PONDS 6'hADDITION (93031). Motion carried, six ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt
RESOLUTION 99-261 REDUCING REQUIRED FINANCIAL GUARANTEE, PLUM
TREE ADDITION (94162). Motion carried, six ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt
RESOLUTION 99-262 REDUCING REQUIRED FINANCIAL GUARANTEE, PLUM
TREE 2"D ADDITION (96103). Motion carried, six ayes.
6.15 Termination of Restrictive Covenant, Prime West Business Park, Now Known as the
Village at Bassett Creek
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-263 TERMINATION OF RESTRICTIVE COVENANTS, OUTLOTS
B, C, AND D, PRIME WEST BUSINESS PARK NOW PLATTED AS THE VILLAGE AT
BASSETT CREEK, CIC NO. 895. Motion carried, six ayes.
6.16 Approve Agreement with Union Pacific Railroad Company for Grad Crossing
Improvement on Nathan Lane South of 13' Avenue
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-264 AUTHORIZING EXECUTION OF A CONSTRUCTION AND
MAINTENANCE AGREEMENT WITH THE UNION PACIFIC RAILROAD
COMPANY FOR THE IMPROVEMENT OF THE NATHAN LANE GRADE
CROSSING. Motion carried, six ayes.
6.17 Award Contract, 1999 Seal Coat Program
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-265 AWARDING BID, 1999 SEAL COAT PROGRAM. Motion
carried: Slavik, Harstad, Black, and Tierney ayes; Johnson and Bildsoe nays.
Adopted City Council Minutes
June 1, 1999
Page 5
6.18 Recommendation from Human Rights Commission on Parking Enforcement
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to refer the
issue of whether to establish an ordinance prohibiting parking at curbcuts to the Public Safety
Advisory Board for study and recommendation. Motion carried, six ayes.
6.19 Revised 1999 Ice Center Operating Budget
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-266 APPROVING REVISED 1999 ICE CENTER OPERATING
BUDGET. Motion carried, six ayes.
6.20 Application for Lawful Gambling Exemption
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-267 FINDING NO OBJECTION TO LAWFUL GAMBLING
EXEMPTION FOR PLYMOUTH CIVIC LEAGUE. Motion carried, six ayes.
6.21 An Ordinance Amending Chapter IX of the Plymouth City Code Concerning Curfew
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
ORDINANCE 99-18 AMENDING SECTION 925 OF THE PLYMOUTH CITY CODE
CONCERNING CURFEW. Motion carried, six ayes.
7.1 Liquor Application for Baku Corporation
Assistant Manager Ahrens presented the staff report on the application of Baku Corporation,
1115 Vicksburg Lane, for an on -sale 3.2 malt liquor and wine license.
Mayor Tierney opened the public hearing and no one appeared. The hearing was closed.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt
RESOLUTION 99-268 APPROVING ON—SALE 3.2 MALT LIQUOR LICENSE AND
WINE LICENSE FOR BAKU CORPORATION D/B/A BAKU RESTAURANT, 1115
VICKSBURG LANE. Motion carried, six ayes.
7.2 Liquor Application for FC Liquors 1, Inc., d/b/a Paradise Liquors
Assistant Manager Ahrens presented the staff report on the application of FC Liquors 1, Inc., 12
Nathan Lane, for an off -sale intoxicating liquor license.
Mayor Tierney opened the public hearing and no one appeared. The hearing was closed.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt
RESOLUTION 99-269 APPROVING OFF—SALE INTOXICATING LIQUOR LICENSE
FOR FC LIQUOR 1, INC. D/B/A PARADISE LIQUORS, 12 NATHAN LANE. Motion
carried, six ayes.
Adopted City Council Minutes
June 1, 1999
Page 6
7.3 Kingsview Lane Improvements, Project 9002
Public Works Director Moore presented the staff report on the assessments for the Kingsview
Lane Construction Project. He said that the proposed assessments for the project are $118,192,
or $7,387 per lot, which is identical to the preliminary estimate. Staff is recommending that the
assessment period be 10 years at an interest rate of 7.75 percent. He explained the written
assessment appeal process, as established in state law.
Councilmember Harstad noted that the sanitary sewer bid is less than anticipated. Director
Moore said the sewer cost is being paid the City trunk fund and is not being assessed.
Mayor Tierney opened the assessment hearing on Project 9002 at 7:37 p.m.
Tom Walsh, 75 Kingsview Lane, said he is in favor of the project at the amount proposed to be
assessed. He favors a 15 -year assessment period.
Dennis Heenzen, 70 Kingsview Lane, noted that the storm sewer outlet has been changed. He
expressed concern that his lot will be negatively impacted by the change in drainage pattern. He
said that a 28 -foot street width is not needed and noted that a narrower width was allowed for
Ferndale Lane. He will lose a large oak tree due to the construction.
Steve Rutz, 110 Kingsview Lane, asked for clarification about the assessment period. He would
prefer a 5 -year assessment period.
Mayor Tierney closed the public hearing.
Director Moore said there is currently a culvert in the location of the proposed storm sewer
outlet. Some berming and diking will be done as part of the project at the end of the storm sewer
pipe to ensure a positive drainage away from the pipe. The 28 -foot street width would allow
parking on one side of the street, with access for emergency vehicles. He said that any property
owner can pay off their assessment early.
Councilmember Johnson verified that parking will not be allowed on Ferndale Lane, which is
narrower than this street.
Councilmember Black asked why the interest rate would vary depending on the assessment
period.
Finance Director Hahn explained that the interest rate is typically established for special
assessments at about 1 percent over what the City can make on investments during the
assessment period. He said staff recommends avoiding a 15 -year assessment period unless there
is significant hardship. Rating agencies such as Moody's favor rapid repayment of debt.
Adopted City Council Minutes
June 1, 1999
Page 7
Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt
RESOLUTION 99-270 RESOLUTION FOR HEARING ON PROPOSED
ASSESSMENT, KINGSVIEW LANE STREET CONSTRUCTION PROJECT, CITY
PROJECT NO. 9002, with a 10 -year assessment period and interest rate of 7.75 percent.
Motion carried, six ayes.
8.1 Award Contract for Kingsview Lane Improvements, City Project No. 9002
Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt
RESOLUTION 99-271 AWARD CONTRACT, KINGSVIEW LANE CONSTRUCTION
PROJECT, CITY PROJECT NO. 9002. Motion carried, six ayes.
9.1 Report on 1998 Tobacco Violation Agreements
Public Safety Director Gerdes presented the report on the 1998 tobacco violation agreements.
Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to accept
the report on the status of the 1998 compliance check violations for tobacco sales. Motion
carried, six ayes.
9.2 Housing and Redevelopment Authority Vacancy
Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to
establish a special meeting beginning at 6:00 p.m. on June 22 to discuss the composition and
appointments to the HRA. Motion carried, six ayes.
Motion was made by Councilmember Black, seconded by Councilmember Slavik, to adjourn the
meeting at 8:05 p.m. Motion carried, six ayes.
Adopted City Council Minutes
June 1, 1999
Page 8
Attachment A
City of Plymouth Liquor Findings of Fact and Decision
Licensing Complaint Against
TGI Friday's of Minnesota Inc.,
d/b/a Italianni's Restaurant
On May 18, 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 Minnesota Inc., d/b/a Italianni's Restaurant ("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 June 5, 1998, Italianni's employee Albert Dvoskin sold a bottle of Miller Lite beer to a
person who was under twenty-one years of age. Albert Dvoskin did not ask to see identification,
nor did he ask the date of birth of the underage person.
4. Albert Dvoskin'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 April 15, 1999, Albert Dvoskin pleaded guilty to selling alcoholic beverages to
an underage person in violation of Minnesota Statute 340A.503, Subd. 2(1).
7. On May 3, 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 May 18, 1999.
8. The Notice informed Italianni's that civil sanctions would be considered as a result of the
violation.
9. Italianni's received the Notice and its representative(s) attended the May 18, 1999 City
Council meeting. The representative admitted at the hearing that the violation occurred. The
representative also admitted receiving notice from the City before June 5, 1998 that compliance
checks would be conducted.
Adopted City Council Minutes
June 1, 1999
Page 9
10. There are no mitigating circumstances that excuse the violation.
DECISION
1. Italianni's on -sale intoxicating liquor license is suspended for fifteen (15) days, to be
determined at the discretion of the City.
2. Five (5) days of the license suspension are hereby stayed for one year from the date these
Findings are adopted, upon condition of no violation of State law of 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 Two Thousand and No/100
Dollars ($2,000.00) by June 18, 1999.
4. The civil sanction imposed herein constitutes Italianni's third violation and third appearance
before the City Council, pursuant to City Code Section 1206.22.