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
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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.
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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).
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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.
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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)
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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