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HomeMy WebLinkAboutCity Council Minutes 10-05-1999Adopted Minutes Regular Council Meeting October 5, 1999 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:10 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on October 5, 1999. COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Black, Harstad, Johnson, Bildsoe, and Slavik. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant Manager Ahrens, Public Safety Director Gerdes, Parks and Recreation Director Blank, Community Development Director Hurlburt, Public Works Director Moore, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum Ralph Durand, 15145 38th Avenue North, stated he is here on behalf of the Park Brook Homeowner's Association. He discussed with the Council the barrels for parking purposes near Lifetime Fitness and the Ice Center. He has visited with City staff, and he understands the logic for the placement of these barrels. He acknowledged there is a basic desire to slow down traffic on Plymouth Boulevard, and parking on the street may assist that effort. He stressed the barrels are a major hazard. In spite of the warning signs, drivers don't enter that street with the anticipation there is going to be parking. Usually the drivers are in the wrong lane, and they have to move over. He stated the center's need for parking has been met on site. He acknowledged there could be a few instances for the need of overflow parking. He stated he doesn't know if the Council is going to implement a traffic plan in that area, but he doesn't see a need for people parking on the street and walking across the street to the commercial area. He requested the barrels be removed or the street be reconstructed. Mayor Tierney acknowledged that she has heard comments from citizens on the barrels. She stated this would be referred to staff to see if the traffic counts really warrant on street parking near the Lifetime Fitness. She also requested the safety condition of the street be checked. Manager Johnson stated this could be included in the report for the proposed lighting improvements in this area. Presentations and Public Information Announcements 4.1) Plymouth on Parade, Saturday, October 9, 1999 Recreation Supervisor Greupner reported currently there are 88 units participating in the October 9th parade. She stated the units would be lining up on both sides of 34th Avenue. She stated in Adopted City Council Minutes October 5, 1999 Page 2 of 17 addition to a number of community groups participating in the parade there are high school bands, floats, politicians, horses, clowns, etc. She highlighted the events that will be occurring following the parade at Lifetime Fitness and the Ice Center. 4.2) Ward 3 Forum on Monday, October 18,1999 Councilmember Brown extended an invitation to residents of Ward 3 to attend a forum on October 18, 1999 from 5:30 p.m. -7:00 p.m. in the Council Chambers. At 7:00 p.m. there will be a group meeting, and he'll update residents on issues the City currently is addressing as well issues residents feel the City should be addressing. 4.3) Designation of the City as a Millennium Community Assistant City Manager Ahrens presented an award to the Council that designated the City as an official Millennium Community. She stated this award is in recognition of the City initiating projects that promote the history of the community as well as community projects for the next millennium. The City is only the fourth city in the State to receive this award. Councilmember Johnson stated the City could use this theme for Plymouth on Parade next year or perhaps the Civic League could use it for their activities. Nnennia Ejebe, intern in the Administrative Department, informed the Council of a "Celebrating Youth in Service Day" project at Bassett Creek Apartments. She stated students would interact with the elderly residents and assist them with projects. She applied for a grant and was awarded 2,000 for this project. 4.4) Recognition of K-9 Awards Officer Kevin Pregler and K-9 Dallas appeared before the Council. Officer Pregler stated he and Dallas as well as the other City K-9 team (Officer Scott Kleist and Klyde) attended a narcotic certification trial. Officer Kleist and Klyde came in first while he and Dallas placed third. The two K-9 teams placed in the top four while the other two K-9 teams were from Hennepin County that specialize in narcotics. He also stated that both K-9 teams participated in the Regional Field Trial in August, and they achieved the top team status while teaming up with other K-9 units from the metro area. Public Safety Director Gerdes stated the City's K-9 units are self started, self -energized, and self- taught. Officers Pregler and Kleist keep the program vital and strong. The Council thanked the K-9 teams for the excellent work. Adopted City Council Minutes October 5, 1999 Page 3 of 17 Announcements Councilmember Johnson commented the only elections this year are the school elections. She encouraged people to meet the candidates at their respective forums and to vote. Mayor Tierney added a letter was in the Council Information Memo on the exceptional roadwork completed on Ferndale Road north. She requested this message be conveyed to staff. Approval of Agenda Councilmember Harstad requested to discuss the correspondence included in the Council Information Memo from the Metropolitan Council on environmental service fees under Reports and Recommendations. Mayor Tierney requested to also add under Reports and Recommendations the report on the League of Minnesota Cities annual packet and signage for pedestrian crossings. Motion was made by Councilmember Black, seconded by Councilmember Brown, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda 6.01-6.15) Motion was made by Councilmember and seconded by Councilmember to approve the Consent agenda which included the following items: 6.01: Approval of City Council Minutes (August 31, 1999, September 7, 1999, September 14, 1999, and September 21, 1999). 6.02: Resolution Approving Disbursements for the Period Ending September 24, 1999 (Res99- 414). 6.03: Resolution Amending Resolution No. 99-351 for Site Plan, Conditional Use Permit, and Variance for Wave Car Wash Located at 9900 Rockford Road (99065-2 — Res99-415). 6.04: Resolution Requesting Conveyance of Parcel 10-118-22-42-0007 to the City of Plymouth for Public Use (Res99-416). 6.05: Resolution Approving a Variance for Archie Seashore for Property Located at 17505 26th Avenue North (99086 — Res99-417). Adopted City Council Minutes October 5, 1999 Page 4 of 17 6.06: Resolution Approving a Site Plan Amendment and a Conditional Use Permit Amendment for TSP One Inc. for Sunset Hill Elementary School Located at 13005 Sunset Trail (99085 - Res99-418). 6.07: Resolution Approving City Buildings Cleaning Contract (Res99-419). 6.08: Resolution Approving an Agreement for Use of a Designated Area of the Parking Lot at Plymouth Covenant Church for a Park -and -Ride Site (Res99-420). 6.09: Resolution Authorizing Application for the Livable Communities Demonstration Program Res99-421). 6.10: Resolution Approving Agreement No. SG -99-05 between the Metropolitan Council and the City of Plymouth for Private Vehicle Capital Funding (Res99-422). 6.11: Resolution Receiving Preliminary Engineering Report and Calling for Hearing on Improvements for City Center Area Street Lighting, City Project No. 9020 (Res99-423). 6.12: Resolution Approving 1999-2000 Membership Dues in League of Minnesota Cities Res99-424). 6.13) Ordinance Amending Chapter 21 of the Plymouth City Code, Allowing Metal Roofs on Single Family Homes (9908 1 -Ord99-25), and Resolution Approving Findings of Fact for Amending Section 21115 of the Plymouth City Code (99081-Res99-425). 6.14) Resolution Approving Change Order No. 3 for Plymouth Creek Center Project (Res99- 426). 6.15) Resolution Approving Bids for Elm Creek Park Shelter (Res99-427). Councilmember Bildsoe thanked staff for the amended minutes. Councilmember Johnson requested and received assurance from Community Development Director Hurlburt that the product was of high quality for item No. 6.3. There being no further discussion and with all members voting in favor, the motion carried. Adopted City Council Minutes October 5, 1999 Page 5 of 17 Public Hearings 7.1) Vacation of Ponding, Drainage, and Utility Easement in Lots 1-3, Block 1, Meyer Gonyea Addition Public Works Director Moore reported the drainage and utility easement proposed to be vacated along the old property line of Lots 1-3, Block 1, was not vacated when part of Lot 2 was combined with Lot 3 because U.S. West was still using this easement for one of their trunk lines. U.S. West has since relocated the trunk line, and they have submitted a letter confirming the easement is no longer necessary. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe to adopt a Resolution Authorizing the Vacation of Part of the Drainage and Utility Easements within Lots 1, 2, and 3, Block 1 of Meyer Gonyea Addition (Res99-428), Resolution Authorizing the Vacation of Part of a Drainage Easement for Ponding Lots 1 and 3, Block 1, of Meyer Gonyea Addition (Res99-429), and a Resolution Setting Conditions to be met Prior to Filing of Resolution No. 99-428 and Resolution No. 99-429, Vacating a Drainage and Utility Easement for Ponding in Lots 1, 2, and 3, Block 1, of Meyer Gonyea Addition (Res99-430). With all members voting in favor, the motion carried. 7.2.1-7.2.5) Assessment Hearing for Zachary Lane from 36th Avenue to County Road 10 Improvements (Project No. 5030) Public Works Director Moore stated all of these projects (agenda item No's. 7.2.1-7.2.5) were initiated by the Council, and project hearings were conducted. Staff has determined the final assessments. Official notices were both published and sent to all affected property owners. He stressed according to State Statutes 429.081, there is a process established if a property owner wishes to object to their assessment if the Council adopts the assessments. The property owner must file a written objection prior to this meeting or during the hearing. If the assessment is adopted, the property owner must file their appeal within 30 days after adoption of the assessment to District Court. 7.2.1) Zachary Lane from 36th Avenue to County Road 10 Improvements (Project No. 5030) Adopted City Council Minutes October 5, 1999 Page 6 of 17 Public Works Director Moore reported that prior to the improvement, the street consisted of a two-lane roadway with no curb or gutter. He stated the project consisted of reconstructing the street, addition of curb and gutter, and trail improvements. Since the adjacent properties with direct driveway access to Zachary Lane benefit from the reconstruction of the street and the addition of concrete curb and gutter where none previously existed, they are proposed to be assessed for this benefit. He stated total cost of the project was $3.8 million with $151,743.19 being assessed to the benefiting property owners. The assessment rates for this project are based on the City's Street Reconstruction Program. Affected properties would be assessed over five years at an interest rate of 7.75%. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Black, seconded by Councilmember Johnson to adopt a Resolution Adopting Assessments for City Project No. 5030, Zachary Lane Street Improvements 5030 — Res99-431). Councilmembers Black and Johnson thanked staff and the residents for a very successful project. With all members voting in favor, the motion carried. 7.2.2) Assessment Hearing for Ferndale Road from County Road 6 to South City Limits Improvement (Project No. 6007) Public Works Director Moore reported this was a joint project between Plymouth and the City of Orono. He stated it took a considerable amount of time for this project to be initiated because of the funding issues with the City of Orono and the land trade with the cities of Orono and Wayzata. He stated the project is near completion except for some minor restoration work. Proposed assessments are only for the properties that have direct access to the roadway. The total amount of assessments is $12,426.86. The assessment rates for this project are based on the City's Street Reconstruction Program. Affected properties would be assessed over five years at an interest rate of 7.75%. He stated staff received a written objection from Henry Lazniarz. Mr. Lazniarz is the developer of Ferndale Place development and is requesting a reduction in his assessment. This assessment is in accordance with the development contract between Mr. Lazniarz and the City. Councilmember Harstad requested clarification on the difference between lots and units in calculating the assessments. Public Works Director Moore responded all single-family lots are considered a unit no matter what the dimensions are. The unit calculation is used for non single- family residential lots. Mayor Tierney opened the public hearing for testimony. Adopted City Council Minutes October 5, 1999 Page 7 of 17 There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Bildsoe, seconded by Councilmember Slavik to adopt a Resolution Adopting Assessments for City Project No. 6007, Ferndale Road Street Improvements (6007 — Res99-432). With all members voting in favor, the motion carried. 7.2.3) Assessment Hearing for City Center Area/Mann Theater Storm Water Treatment Improvements (Project No. 7011) Public Works Director Moore reported this project consisted of constructing a storm water treatment area to treat the surface water runoff from the commercial properties surrounding the City Center. The treatment ponding is a requirement for all developments that have more than one acre of impervious area. The project that the City initiated does provide treatment for all properties in the area. Those properties that were previously developed are not being proposed to being assessed, and the City would pay those amounts. This portion of the project would be funded by tax increment financing funds. He stated the design and engineering costs of this project substantially overran the estimated amounts. He stated the assessment rate for this project is based on the total cost of the improvement divided by square footage of the area that contributes water to the treatment pond. The total amount of the final assessments is proposed to be $84,771.85. Affected properties would be assessed over five years at an interest rate of 7.75%. Manager Johnson informed the Council that he requested Director of Public Works Moore to contact the consultant to inquire whether there could be a reduction in their fees because of the overrun in their fees. Public Works Director Moore stated he contacted the consultant, and they are still reviewing the request. If the Council adopts the assessment, and the consultant's fee decreases, an amended assessment roll would be presented to the Council. Councilmember Harstad asked if any of the property owners were requesting a payment period longer than five years. Public Works Director Moore replied no. Councilmember Johnson questioned what properties weren't being assessed that have been already developed and why aren't they being assessed. Public Works Director Moore replied the US Bank, portion of Cub's property, the liquor store, auto repair and muffler shop, and Mann Theater. He stated when these properties were developed there was no requirement for the drainage of their properties. In addition, the City couldn't treat the water from the undeveloped properties to the developed properties. Mayor Tierney opened the public hearing for testimony. Adopted City Council Minutes October 5, 1999 Page 8 of 17 There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Public Works Director Moore stated no written objections to the proposed assessments were received. Motion was made by Councilmember Black, seconded by Councilmember Harstad to adopt a Resolution Adopting Assessments for City Project No. 7011, Treatment Pond Town Center/Mann Theatre (7011 - Res99-433). The Council was assured that staff would continue to pursue a reduction in the consultant's fee. With all members voting in favor, the motion carried. 7.2.4) 1998 Street Reconstruction Program, Pineview Lane area north of 6th Avenue Project No. 8001) Public Works Director Moore reported the southern part of this area was developed later than the northern area. The northern area is an older area with shallow or no ditches, drainage along streets, and no concrete curb and gutter which attributes to why there are different types of assessments. He stated this project is part of the City's reconstruction program, and assessment rates for this project are based on the City's Street Reconstruction Program. He reported the new concrete curb and gutter is being assessed at a rate of $1,629.70 per unit along with a storm sewer rate of $1,789.14 per unit based on actual construction costs for this project. He stated there are two different assessment rolls associated with this project, and staff is recommending that only those properties that had street reconstruction be assessed over a five years at an interest rate of 7.75%. Those remaining properties that included street and drainage are assessed over a 10 years at an interest rate of 7.75%. He reported there were written objections presented to staff from Ronald and Jayne M. Smead, 12720 13th Avenue North, Darrell and Helen Liebrenz, 12725 13th Avenue, John and Sandra Seiler, 12805 13th Avenue, and John and Margaret Duntley, 1015 Pineview Lane. He explained some of the storm sewer costs increased due to the addition of structures in order to save more trees. Councilmember Johnson asked why these additional costs weren't foreseen earlier when the estimates were made. Public Works Director Moore replied at the public improvement hearing, citizens commented regarding the narrowness of the street and the request to save as many trees as possible. It is not until the final design of the project when staff determines the exact design to avoid the trees. Mayor Tierney opened the public hearing for testimony. Adopted City Council Minutes October 5, 1999 Page 9 of 17 Larry Goga, 1115 Pineview Lane, provided a written objection. He acknowledged this project followed the correct process, but he was at fault for not attending the previous meetings. After the project was completed, he was provided a copy of his proposed assessment. He explained he is retired, and this assessment is rather large since he is on a fixed income. He stated Pineview Lane is not a street to serve just the neighborhood. He requested the City to pay for half the street improvement cost. Another concern is the landscaping. He explained the landscaping was completed in an untimely fashion both on the front and backside of his property. He stated the sod was laid during the end of July which was one of the hottest weeks of the year, and he had to water it every day. Therefore, he is requesting the City to also pay a portion of his water bill. Herman Strauch, 1125 Pineview Lane North, suggested that the City view the neighborhood as an older neighborhood. Since the improvement, traffic has increased as well as traffic speeds. He also has a steep bank to the street. He doesn't feel the project was well administered, and he's not sure the value of his property has increased because of the project. Prior to the project, there was rural charm to his property that is no longer there. Darrell Liebrenz, 13th Avenue North, stated a storm sewer was installed in 1982, and he questioned why they are being assessed again for storm sewer. He stated another concern is when the street was reconstructed, he asked staff to pay close attention to his driveway. Now he has problems in getting in and out of his driveway without scraping the bottom of his vehicle. The driveway also poses a problem for his RV as well. He discussed this situation with a contractor, and he indicated that the only solution is to redo his driveway. There being no one else wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Public Works Director Moore stated regarding the funding of the project, the City pays about 70% of the costs with the benefiting property owners paying 30% of the costs. He stated the assessment rates are part of the reconstruction program, and these rates are adjusted annually. He stated regarding the assessment for the storm sewer, he acknowledged there had been an assessment in 1982, but those assessments were for the Parker's Lake improvement area. At that time, all of the properties located within that drainage area were assessed for a trunk storm sewer. The amount of those assessments was between $50 to $150 per unit. The proposed assessment is for the drainage in their street. He stated regarding the steepness of the banks and yards, there were retaining walls constructed to blend in the streetscaping. He stated he was unaware of this concern, but staff could review the area. Adopted City Council Minutes October 5, 1999 Page 10 of 17 He stated regarding Mr. Liebrenz's concern of his driveway approach, the street was not raised. Prior to the project the street was not in the center of the right-of-way, and it still isn't in order to save the trees on the project. Mr. Liebrenz's slope of his driveway extended out to the center of street. He also stated that the street didn't have a crown with drainage which could attribute to his problem. However, this is not unusual, and property owners may have to turn at an angle to back out of their driveways. Mayor Tierney asked why the landscaping was installed in the hottest weather. Public Works Director Moore replied staff cannot direct the operation of the contractor, and the contractor is responsible for the sod for the first 30 -day period. He stated this contractor had to replace a lot of the landscaping a couple of times already. Councilmember Johnson asked if there were preliminary public meetings with the neighborhood. Public Works Director Moore replied yes. He explained the public information meeting was conducted, and property owners were to convey specific issues at this meeting. In addition, newsletters were sent to the affected property owners as the project was commencing. Mr. Liebrenz disagreed with Public Works Director Moore's explanation of his low driveway. Mr. Strauch stated this project was not needed, and he believes the City didn't adequately represent the citizens who reside there. He attended the informational meetings. However, it was evident to him that the City was ordering this project no matter how the property owners felt. Mayor Tierney requested an explanation from staff on how these projects are selected. Public Works Director Moore stated the City has a street evaluation and reconstruction program. He explained how the areas are determined, and he stated this particular area was rated very high for reconstruction. The Council then approved the project. He acknowledged there were property owners who opposed the project, but a lot of people were in favor of the project. Mayor Tierney stated the City pays a large portion of the reconstruction costs. She stated the Council is committed to upgrading the City streets, and these projects are addressed on a yearly basis. She stated regarding storm water, the City is striving for additional surface water maintenance through the construction of holding ponds which is intended to clean up the streets. Lastly, the Council has made a strong commitment to maintaining its infrastructure. Councilmember Johnson informed the audience that there are deferral options available for senior citizens, and she encouraged those property owners to contact staff. Adopted City Council Minutes October 5, 1999 Page 11 of 17 Motion was made by Councilmember Bildsoe, seconded by Councilmember Black to adopt a Resolution Adopting Assessments for City Project No. 8001-213, 1998 Street Reconstruction Street Reconstruction Only) Pineview Lane Area (8001-213 — Res99-434), and a Resolution Adopting Assessments for City Project No. 8001-213, 1998 Street Reconstruction (All Other Properties) Pineview Lane Area (8001-213 — Res99-435). With all members voting in favor, the motion carried. 7.2.5) 1998 Street Reconstruction Program, Harbor Lane area north of 7th Avenue Project No. 8001) Public Works Director Moore reported this project was similar to the scope of the previous project. Previously, there was no storm sewer system in the area or curb and gutter. On one portion of the project, the developer prepaid his assessment as part of the development agreement. The assessment rates for this project were based on the Street Reconstruction Program and actual construction costs for storm sewer and concrete curb and gutter. Staff is proposing these assessments be over 10 years at an interest rate of 7.75%. Mayor Tierney opened the public hearing for testimony. Elaine Fisher, 735 Harbor Lane North, explained they went through her yard for this project, and when she was communicating with a staff member, he conveyed to her that by the storm sewer going through her yard rather than going through Ithaca Lane North, the project costs would decrease approximately $20,000 which would amount to a $500 savings for all affected property owners. She feels that she was doing good for the neighborhood in that their assessments would be reduced, but that never occurred. He also told her that her dog fence would be down for about two to three days. She stated she also had a new wooden fence that was taken down. She showed the Council pictures of her fence. Her son assisted a the contractor in taking down the fence. This fence was down for over three and one-half months. The fence had a big hole in it, and it was warped so it was never reinstalled. Regarding the dog fence, she had that reinstalled after it too had been down for three and one-half months. The staff member also conveyed to her that she could not have a driveway on one side of her property as she always had, so a curb was constructed. Therefore, she has no access on that side of her property. She questioned all the time and costs involved with repairing and taking down the fences. She stated she was disappointed in how this project was handled. In addition, the sod had to be installed two times. There being no else wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Public Works Director Moore stated staff tries to work with the affected property owners. He stated the property owners were given credit for the easement over Ms. Fisher's property. However, he acknowledged that it shouldn't have taken three and one-half months to reinstall the Adopted City Council Minutes October 5, 1999 Page 12 of 17 fence. He also clarified that the City's contracts aren't based on an hourly basis but on a unit basis. Councilmember Johnson stated she has a number of concerns regarding this project. She asked what are the requirements for the contractors to lay the sod and how many times are they allowed to redo it. More specifically, when can the City mediate some of these problems? Public Works Director Moore replied this is a legal process. City Attorney Knutson agreed and stated once there is a contract, it's the obligation of the contractor to perform the work. If the City removed the contractor from the project, then the City would have to contract with a different contractor to complete the work which may not be advantageous as the new contractor is not as familiar with the project. Councilmember Johnson expressed her disappointment with Ms. Fisher's fence not being reinstalled for three and one-half months. Mayor Tierney suggested these concerns regarding improvement projects be discussed with staff at a future Work Session. However, in the meantime, she requested a staff member meet with Ms. Fisher in trying to complete this project. Ms. Fisher commented when the landscaping had to be redone, her dog fence was removed again in April. Councilmember Black stated it too concerns her about the condition of Ms. Fisher's fence and how this whole situation was handled. Public Works Director Moore requested the Council to adopt the assessment roll with the exception of Ms. Fisher's. After staff meets with Ms. Fisher and reviews the area, a recommendation would be provided to the Council. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe to adopt a Resolution Adopting Assessments for City Project No. 8001-2A, 1998 Street Reconstruction for Harbor Lane Area with the exception of Elaine Fisher's - 735 Harbor Lane (8001-2A — Res99- 436). Councilmember Johnson stated perhaps the City should consider altering the construction contracts when the contractor keeps relaying the sod. With all members voting in favor, the motion carried. The Council took a short recess 9:13 p.m. and reconvened at 9:25 p.m. 7.3) Hearing on Sid's Discount Liquors for a Second Alcohol Compliance Check Violation Public Safety Director Gerdes stated this is an administrative hearing for a violation of liquor ordinance that occurred during a routine compliance check earlier this year. According to the City Code, no license may be suspended or revoked, or an administrative fine levied on the Adopted City Council Minutes October 5, 1999 Page 13 of 17 licensee until after a hearing is granted to the licensee. The City does have a presumptive penalty for second violations outlined in the City Code which is a $1,000 fine and a seven-day suspension. The city is only barred by State Statute with regard to potential penalties which is also contained in the City Code, and that is a maximum penalty of a 60 -day revocation with a 2,000 fine. Mayor Tierney opened the hearing for testimony. Public Safety Director Gerdes stated the licensee's first violation occurred on November 2, 1998. He gave a synopsis of Police Report No. 99-24858 that gave the full account of the second violation. The clerk was arrested, appeared in court, and paid a $200 fine. He stated immediately after the second violation, the licensee met with him personally, and he requested a training session which was conducted on August 6, 1999 for his employees. He stated the licensee also provided information that was included in the Council packets. He shared with the Council confidential information, which was the type of driver's license that was presented to the clerk. Councilmember Johnson verified that no contact was made for training after the first violation. Public Safety Director Gerdes stated that is correct. Sid Applebaum, the licensee, stated he didn't realize that the Police conducted training sessions which is why he never contacted staff after the first violation. He stated he is not disputing the law, but managing the law in their prospective is very difficult. He stated he has signs posted, and they warn the employees not to sell to minors, but they still do. What else can he do as an owner? He stated he is basically at the mercy of an employee who refuses to verify the driver's license. He explained he would pay the fine, however, by closing the establishment, there is no way they can recoup the lost sales. He asked the Council if they have any suggestions on how he could police the situation. He stated he has liquor establishments in other cities; however, only this location has violations. There being no one else wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Mayor Tierney asked Mr. Applebaum if he has tried an award system with his employees. Mr. Applebaum stated yes, he currently gives $50 to the employee who passes the compliance check. Councilmember Slavik confirmed that the business received notice from the City that there were going to be compliance checks. Mr. Applebaum replied yes, and these notices are posted for the employees. Adopted City Council Minutes October 5, 1999 Page 14 of 17 Councilmember Bildsoe stated the Council has been addressing what the solution is for this problem. As a Council, they understand the importance of limiting alcohol to underage individuals in the community. He stated he doesn't know of anything additional that the licensee could implement for his employees who sell alcohol to underage individuals. He stated he feels very strongly in limiting alcohol and tobacco to minors. Mr. Applebaum stated he receives telephone calls from individuals who are old enough to purchase alcohol, and they were carded. Motion was made by Councilmember Black to approve the presumptive penalty for a second violation that is a $1,000 fine and a seven-day suspension. This motion failed for lack of a second. Councilmember Johnson thanked Mr. Applebaum for the packet of information, and she commended him for requesting the training. She stated she is uncomfortable with the presumptive penalty as the licensee has shown that he is working with training his employees. The Council discussed various options for this violation other than the presumptive penalty, i.e. shaving" of hours off days, reduce days, and a stayed suspension. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black to impose a 1,000 monetary penalty and a seven-day suspension with three days stayed with no further violation in 12 months. Mayor Tierney stated she has a problem with these penalties as she's not certain they're accomplishing anything as there is only a 60% passage rate. She stated perhaps there is something with hours that the Council could explore, but she feels when there is a business that does everything that they can, and the employees ignore the rules, she doesn't understand why the Council should be penalizing businesses. She recommended a seven-day suspension with five days stayed with a $850 penalty since the licensee does have a reward system. Johnson stated she feels it's too soon to judge whether this program is working. She believes that if every licensee does what Mr. Applebaum does, the City is improving the prevention of sales to minors. Councilmember Brown asked if the suspension has to be served in consecutive days. City Attorney Knutson replied that is arranged between Public Safety Director Gerdes and the licensee. Councilmember Slavik commented rather than "shaving" hours, she feels it would be better for the business to close the entire day rather than by the hour. It would be more of a hardship on the customers. Adopted City Council Minutes October 5, 1999 Page 15 of 17 Motion was made by Mayor Tierney, and seconded by Councilmember Slavik to amend the motion to authorize a seven-day suspension with five days stayed and an $850 fine. Councilmember Slavik commented out of all the compliance checks, this particular licensee has taken the greatest measures in preventing violations. The Council then voted on the amended motion. With all members voting in favor except Bildsoe and Black, the motion carried. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe to amend the motion for a $1,000 fine rather than $850 fine. With all members voting in favor except Tierney, the motion carried. Motion was made by Councilmember Johnson, seconded by Councilmember Brown to amend the motion for a seven-day suspension with six days stayed, $1,000 fine, and within 12 months if a violation occurs again, the presumptive penalty would be in order. With all members voting against the motion but Black, Johnson, and Tierney, the motion failed. The Council then voted on the amended motion which was a seven-day suspension with two days stayed, $1,000 fine, and no further violations within 12 months. With all members voting in favor, the motion carried. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe to amend the rules to extend the meeting to 10:10 p.m. With all members voting in favor, the motion carried. 7.4) Change in Corporate Wine License held by Marcello's, Inc., d/b/a Marcello's Pizza and Pasta located at 4112 Lancaster Lane Assistant Manager Ahrens presented the request to change the corporate name of the wine license for Marcello's Pizza and Pasta to JMP Investments, Inc. Mayor Tierney opened the public hearing for testimony. There being no wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Harstad, and seconded by Councilmember Black to adopt a Resolution Approving Corporate Name Change for Wine License Hold by Marcello's Inc. Res99-438). With all members voting in favor, the motion carried. Adopted City Council Minutes October 5, 1999 Page 16 of 17 7.5) Change in Corporate On -Sale Intoxicating Liquor License held by Angus Music, Ltd., d/b/a Ivories Restaurant located at 605 North Highway 169 Assistant Manager Ahrens presented the request to change the corporate name of the wine license for Ivories Restaurant to FYSAB, Ltd. Mayor Tierney opened the public hearing for testimony. There being no wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe to adopt a Resolution Approving Corporate Name Change for On -Sale Intoxicating License held by Angus Music, Ltd. (Res99-439). With all members voting in favor, the motion carried. General Business There was no General Business. Reports and Recommendations 9.1) Councilmember Harstad referenced the letter in the Council Information Memo from the Metropolitan Council that indicated the projection of savings of one million dollars per year on the environmental services (sewer fees). He requested staff's interpretation of these figures in light of the City's budget considerations. If there were a one million dollar reduction in charges, would any action be necessary in terms of the budget. Finance Director Hahn stated there is no direct impact on the budget. The City has been able to maintain the sewer rate without increases for the past two years due to savings achieved through the City's sump pump inspection program. If the City did not have savings the last two years, there would have been an annual increases. 9.2) Mayor Tierney stated there is a League of Minnesota Cities packet in the Administration Library if any of the Councilmembers would like to view the materials. Councilmember Johnson commented there are materials in the LMC packet relating to consolidation meeting in November, and the Council may have received an invitation in the last Council packet. There are funds available for those cities that consolidate and collaborate with other cities. Adopted City Council Minutes October 5, 1999 Page 17 of 17 9.3) Mayor Tierney stated the city of Wayzata has been installing signs warning motorists to stop for pedestrians. She asked if the City has similar signage. Public Works Director Moore responded there are signs at four different higher pedestrian crosswalks. The City periodically installs them on a temporary basis. Mayor Tierney asked if it is correct that the City has no policy on when and where the signs are installed. Public Works Director Moore replied that is correct, and the signs are not mandatory to be in place in order to enforce the crosswalk law. It is optional signage. Adjournment Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe to adjourn the meeting at 10:08 p.m. With all members voting in favor, the motion carried. andra R. Paulson, City Clerk