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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.