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HomeMy WebLinkAboutCity Council Minutes 07-06-1999Adopted Minutes Regular Council Meeting July 6,1999 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 July 6, 1999. COUNCIL PRESENT: Mayor Tierney; Councilmembers Bildsoe, Slavik, Black, and Harstad. ABSENT: Councilmembers Brown and Johnson. STAFF PRESENT: Assistant Manager Ahrens, Park and Recreation Director Blank, Public Safety Director Gerdes, Finance Director Hahn, Community Development Director Hurlburt, Public Works Director Moore, City Attorney Poehler, Transit Coordinator Sweeney, and Deputy City Clerk Hoffman. 3 Forum No one spoke at the Forum. 4.1 Music in Plymouth Councilmember Bildsoe thanked members of the Plymouth Civic League, and staff from the Park and Recreation and Public Safety Departments for making the 1999 Music in Plymouth event a success. 5 Approve Agenda Items 9.2 and 9.3 were added to the agenda. Councilmember Slavik requested that Item 8.1 be removed from the General Business portion of the agenda and placed on the Consent Agenda. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to approve the agenda as amended. Councilmember Slavik stated that she and Public Works Director Moore have been working for six to eight weeks on resolving this issue, and that residents are anxious to see it go through quickly. Motion carried, five ayes. 6 Consent Agenda Item 8.1 added to the Consent Agenda as Item 6.12. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to approve the consent agenda as amended. Adopted City Council Minutes July 6, 1999 Page 2 Councilmember Black requested a "no" vote be recorded for her on Item 6.07. Motion carried, five ayes. 6.01 Approve Minutes Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt minutes of the May 18, June 1, and June 22 Regular Council Meetings, the two June 8 Special Council Meetings, and the June 22 Special Council Meeting. Motion carried, five ayes. 6.02 Approve Disbursements Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 99-291 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JUNE 25, 1999. Motion carried, five ayes. 6.03 Tobacco License Approval for the Lobby Shop and for Colony Liquor Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 99-292 APPROVING 1999 TOBACCO LICENSE FOR THE LOBBY SHOP AND FOR COLONY LIQUOR STORE. Motion carried, five ayes. 6.04 Establish Special Council Meetings for Budget Study Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to establish August 24 and September 1 at 7:00 p.m. as Special City Council meetings for study of proposed 2000 Budgets. Motion carried, five ayes. 6.05 Plymouth Creek Center Fieldhouse Rental Fees and Priority Use Policy Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 99-293 SETTING FEES AND ADOPTING PRIORITY USE POLICIES FOR THE ACTIVITY CENTER FIELDHOUSE. Motion carried, five ayes. 6.06 Final Speed Hump Policy Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 99-294 ADOPTING A POLICY FOR THE CONSIDERATION OF INSTALLATION OF SPEED HUMPS. Motion carried: five ayes. 6.07 Len Busch Roses. Certificate of Exemption from Wetlands Conservation Act (99045) Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 99-295 AUTHORIZING THE MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE WETLAND ACT. Motion carried, four ayes, Councilmember Black nay. 6.08 Len Busch Roses. Interim Use Permit for Placement of Fill (99045) Adopted City Council Minutes July 6, 1999 Page 3 Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 99-296 APPROVING INTERIM USE PERMIT FOR LEN BUSCH ROSES FOR PROPERTY LOCATED NORTH OF MEDINA ROAD, EAST OF BROCKTON LANE, AND WEST OF CO. RD. 101 (99045). Motion carried, five ayes. 6.09 Encroachment Agreement for Swimming Pool Construction at 11600 43rd Avenue N. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 99-297 ENCROACHMENT AGREEMENT, LOT 11, BLOCK 1, EAGLEWOOD ADDITION. Motion carried, five ayes. 6.10 Reduction in Required Financial Guarantees Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 99-298 REDUCING REQUIRED FINANCIAL GUARANTEE, LUTZS CEDAR VIEW ADDITION (95042). Motion carried, five ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 99-299 REDUCING REQUIRED FINANCIAL GUARANTEE, SILVERTHORNE 4TH ADDITION (97133). Motion carried, five ayes. 6.11 Application for Lawful Gambling Exemption Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 99-300 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR PLYMOUTH FIREFIGHTERS RELIEF ASSOCIATION. Motion carried, five ayes. 6.12 (8.1) Purchase Agreement, Sophia Gould (Menten) Property, Kingsview Lane & 10' Avenue Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 99-301 APPROVING PURCHASE AGREEMENT, LOT 6, BLOCK 1, GLEN GROVE ACRES 1ST SUBDIVISION. Motion carried, five ayes. 7.1 Tobacco Compliance Checks Public Safety Director Gerdes said that this item relates to a second offense tobacco law violation. Mayor Tierney opened the public hearing at 7:15 p.m. to consider a civil penalty for the tobacco law violation relating to the tobacco license held by C & K Automotive, 9605 36f' Avenue North. Director Gerdes reported that the first violation occurred during a compliance check on March 24, 1997, and that the administrative penalties were met before the second violation occurred. He said the second violation occurred during a compliance check on March 26, 1998. He said that during the compliance check, an employee sold a pack of cigarettes without asking for identification. The employee pled guilty to the misdemeanor charge, and the court imposed a fine Adopted City Council Minutes July 6, 1999 Page 4 of $210 on June 3, 1998. Notice of this hearing to consider a civil penalty was sent to the owner and manager of C & K Automotive, and was entered as part of hearing. He said there were two reports from citizens regarding information of area youth purchasing tobacco from the licensee. They were included as part of the hearing information. Dale Olson, 9605 36' Avenue, speaking for owner Kevin Lieu, stated that the firm trained employees on checking ID's for all tobacco sales to the best of their ability. He said it was impossible to be on hand at every tobacco sale. He said reports of tobacco sales by the carton from the establishment were false because cigarettes are only sold by the pack at the establishment. Councilmember Bildsoe stated although the establishment is not in his ward, he has personally received complaints from parents about tobacco sales at the establishment. His concern is to curtail the chronic illegal sales. Mr. Olson said previous employees had shown a lack of interest in upholding the law through ID checks, but he believed there was a good group of employees working now, who would be more conscientious. Councilmember Bildsoe suggested the owners reconsider whether they should continue to hold a tobacco license or review who may sell tobacco at the establishment. Director Gerdes reported that after the first violation, meetings with the owners took place to explain the ordinance. He said the establishment has received many mailings regarding changes in the tobacco sales laws, and his staff has offered advice for training of employees in an effort to ensure compliance. Mr. Olson believed the recommendation for further training of employees is acceptable. C & K owner Kevin Lieu, 4825 Winnetka Avenue North, stated he has videotapes regarding the regulation of tobacco sales, which are available for employees to review. He said the previous owner had a reputation for selling both alcohol and tobacco to underage teens. Public Safety Director Gerdes advised the owners that a third violation will likely result in a 30— day suspension of the license and a $1,000 fine. Mayor Tierney closed the public hearing at 7:30 p.m. Councilmember Harstad said he would support the presumptive penalties of a 15—day license suspension and an administrative fine of $750. Adopted City Council Minutes July 6, 1999 Page 5 Motion was made by Councilmember Harstad, seconded by Councilmember Black, to adopt RESOLUTION 99-302 RESOLUTION IMPOSING A CIVIL PENALTY AGAINST C & K AUTOMOTIVE FOR TOBACCO COMPLIANCE CHECK VIOLATION. Councilmember Harstad believed the presumptive penalties are appropriate in this situation. Mayor Tierney said the presumptive penalties are too harsh. Motion carried, four ayes, Mayor Tierney nay. 8.2 Non—Residents Serving on Boards and Commissions Assistant Manager Ahrens said that the Plymouth Business Council has requested that the City Council consider allowing non—residents who own or operate businesses or work within the City to become eligible for appointment to City advisory boards and commissions. She outlined the alternatives available. She said they could allow non—residents to serve on all boards and commission except the HRA, which is regulated by statute. A second alternative could be to specify which boards and commissions non—residents might serve on. A third alternative could be allowing non—residents who own or operate businesses, and pay property taxes to serve on all boards and commission, except the HRA, or the fourth alternative would be to make no change in the policy. She said no action was recommended at this time, but Councilmembers could direct staff to draft a resolution on the City policy. Jack Jenkins, 4030 Pilgrim Lane, chair of the Plymouth Business Council, said he was aware of a lot of aggressive talent that may be part of the Plymouth business community but they are not eligible to serve on advisory boards because of the residential policy. Kaye Rakow, 10550 Wayzata Boulevard, representing the TwinWest Chamber of Commerce, said some members have expressed frustration that they are citizens of business communities, but are not allowed to participate in advising the City. She referred to the City of New Hope's efforts which repealed the residential requirements for service on their advisory boards. Joe Domagala, 4030 Pilgrim Lane, owner of Kennedy Transmission, suggested close examination of the proposal. He asked the Council to rethink City policy about tenure lengths on boards and commissions at the same time. Councilmember Bildsoe said he would support Alternative #3, but he thought leasing space should also make a person eligible. Councilmember Harstad said he was supportive of the idea in general, but was concerned that larger companies may have eligible candidates with a questionable role in the operation of a business. He believed the City has the luxury of not having a shortage of ready, willing and able residents to serve. Adopted City Council Minutes July 6, 1999 Page 6 Councilmember Black said she was leaning towards Alternative #3, and agreed the criteria should cover people with leasing agreements. She said terms of lease and ownership of property should be required to overlap service terms on boards. Councilmember Harstad recommended that the language of the policy should also address circumstances where people might serve two different boards in two different cities. Mayor Tierney said she would consider granting permission for non—residents to serve on designated all boards and commissions with the understanding that non—residents are prohibited by law from serving on certain boards, such as the Council, Charter Commission, and the HRA. Councilmember Harstad said advisory committee meetings are open to the public to allow outside interests to come in and speak. Councilmember Slavik said she was leaning toward support of Alternative #4. She said the City has some business organizations to provide perspectives when items come before a committee. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe to place the topic on a study session agenda for further discussion. Motion carried, five ayes. 9.1 Plymouth Metrolink Later Service Hours Public Works Director Moore stated that a decision must be made before August 1, with some lead time available for staff to work with service providers, no matter what the decision. He reported that the extended hours of service came as part of the reverse commute program approved in late 1998. He said the success of the routes between Plymouth and Downtown Minneapolis prompted the addition of three trips at the end of the day. He said the first five months of the service showed a 9.5 % increase in daily ridership, tripling staff expectations. He said that at present the City is taxed at the lowest rate, since present service is not outside peak service hours. Extending the service to include the three evening trips would move the City into a higher tax rate bracket, amounting to about $7.42 per average $206,300 home. He said this tax increase would be offset by a 2% bonus in funds applied to the service. He anticipated continued success, and recommended Councilmembers take no action, which would in effect approve a continuation of the evening service. Councilmember Bildsoe proposed that this issue be reserved for a study session, because it is complex and the council does not have enough time to review. Transit Coordinator Sweeney reported that only three metropolitan cities are in a situation similar to Plymouth, where the lowest tax rate is applied. He said one or two cities are in a somewhat higher tax bracket, while seven or eight cities are taxed at the highest rate. Councilmember Harstad believed people are happy with the system overall. He said the taxation rate is applied by the Metropolitan Council and is beyond the control of the City. He believed the Adopted City Council Minutes July 6, 1999 Page 7 City should pursue providing this service. He said the transit advisory commission is supportive of continuing the extended program. Councilmember Black said she supports this proposal, although it is unfortunate the City has no control over the taxation rate. Councilmember Bildsoe asked for a delay for the full Council to make a decision. He said he supports it, but would like to update all Council members. Councilmember Harstad said a delay in the decision would put ridership in a tough situation with little notice if changes in the service are made. Councilmember Slavik said she feels the Metropolitan Council is penalizing the City and she needs to understand why. Mayor Tierney believed it is a big decision to continue the extended service because it involves a tax increase to residents. Motion was made by Mayor Tierney, seconded by Councilmember Harstad, to make no changes in the Metrolink service. Councilmember Black clarified that the decision is only for the tax rate for the budget year 2000. She said if a study session shows new information, Councilmembers can decide next year whether to continue it. Public Works Director Moore said that staff is willing to meet with any councilmembers, whether informally or in a study session on the issues. He said councilmembers can reconsider the direction at the next meeting. Motion carried four ayes, Bildsoe nay. 9.2 Power Outages Councilmember Bildsoe said he has received a number of calls from residents regarding power outages in the 45`h Avenue area of the city. Councilmembers directed Public Works Director Moore to report back after meeting with representatives of Northern States Power on the problem. 9.3 National Night Out Mayor Tierney stated that the first Tuesday in August is National Night Out and is also a regular council meeting. She asked if Councilmembers were interested in delaying that meeting by one hour so they could participate in the National Night Out activities. Adopted City Council Minutes July 6, 1999 Page 8 Motion was made by Councilmember Black, seconded by Councilmember Bildsoe to delay the August 3 Regular Council meeting until 8:00 p.m. Motion carried, five ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adjourn the meeting at 8:38 p.m. Motion carried, five ayes. Deputy City f rk