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HomeMy WebLinkAboutCity Council Minutes 10-10-2006Adopted Minutes Regular Council Meeting October 10, 2006 Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:05 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on October 10, 2006, COUNCIL PRESENT: Mayor Johnson, Councilmembers Bildsoe, Hewitt, Stein, and Black. ABSENT: Councilmembers Slavik and Willis. STAFF PRESENT: City Manager Ahrens, Police Chief Goldstein, City Attorney Knutson, Recreation Superintendent Evans, Deputy Fire Chief Harr, Planning Manager Senness, Administrative Services Manager McGann, and City Clerk Engdahl. Plymouth Forum Gregory Gray, Oak Park, who is a candidate for Hennepin County Commissioner District No. 2, introduced himself to the Council. Presentations and Public Information Announcements 4.01) Constitutional Amendment This item was postponed until the October 24 Meeting. 4.02) Presentation of Proclamation Declaring October as "Toastmaster's Month" Mayor Johnson presented a Proclamation Declaring October as "Toastmaster's Month" to Darshan Domah, Toastmasters District 6/Area 95 Governor. 4.03) Announcement of Open Space and Parks Referendum Councilmember Black reported on the open space and park referendum on the November 7 General Election. Approval of Agenda Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to approve the agenda. With all members voting in favor, the motion carried. Consent Agenda Adopted Council Minutes Regular Meeting of October 10, 2006 Page 2 of 7 By request of a citizen, Mayor Johnson removed item No. 6.21, and it was placed under General Business as item No. 8.1. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt to adopt the amended Consent Agenda that included the following items: 6.01) Proposed minutes from the Regular Meetings of September 12 and September 26. 6.02) Resolution Approving Disbursements for the Period August 12, 2006 through September 29, 2006 (Res2006-382). 6.03) Resolution Approving a Variance for Brad and Pauline Blaschko for Impervious Surface Coverage for Property located at 1429 West Medicine Lake Drive (2006077 — Res2006-383). 6.04) Ordinance Amending the Northwest Business Campus PUD by Adding Section 21655.40 to Chapter 21 of the City Code (2006030 — Ord2006-26), Resolution Approving Findings of Fact for Amending the Zoning Ordinance Text for the Northwest Business Campus PUD (2006030 — Res2006-384), Resolution Approving a Preliminary Plat for CSM Equities, LLC for Property located at the Northwest Corner of Highway 55 and Northwest Boulevard (2006-30 — Res2006- 385), and a Resolution Approving a PUD General Plan Amendment for CSM Equities, LLC for Property located at the Northwest Corner of Highway 55 and Northwest Boulevard (2006030 — Res2006-386). 6.05) Resolution Approving a Variance to allow a Detached Garage in a Front Yard for Ignacio Alarcon Polania for Property located at 940 Garland Lane North (2006084 — Res2006-387). 6.06) Resolution Approving Variances for Front Yard Setback and Impervious Surface Coverage for Thomas and Jo Ann Becker for Property located at 10210 South Shore Drive 2006086 — Res2006-388). 6.07) Resolution Approving a Conditional Use Permit for Quality Home Services, Inc. to allow over 1,000 square feet in Gross Floor Area of Attached Garage Space for Property located at 3165 Xanthus Lane North (2006087 — Res2006-389). 6.08) Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, Entitled the Plymouth Zoning Ordinance (2006080 n- Ord2006-27), Resolution Approving Findings of Fact for a Zoning Ordinance Text Amendment to allow a Car Wash with One or More Car Wash Bays in the C-3 and C-4 Zoning Districts by Conditional Use Permit (2006080 — Res2006-390), and a Resolution Approving a Site Plan Amendment and Conditional Use Permits to Allow an Accessory Car Wash Addition and 24 -Hour Fuel Sales for Property located at 9950 Rockford Road (2006080 — Res2006-391). 6.09) Resolution Approving a Registered Land Survey to Subdivide Property in Plymouth Station for a Daycare for Property located at the Northwest Corner of the Intersection of Dunkirk Lane and Medina Road (2006091— Res2006-392). Adopted Council Minutes Regular Meeting of October 10, 2006 Page 3 of 7 6.10) Resolution Approving Variance Request by Caribou Coffee Company, Inc. to allow On - Site Directional Signage with a Corporate Logo for Property located at 4345 Nathan Lane North 2006078 — Res2006-393). 6.11) Resolution Approving an Interim Home Occupation License for Julie Ralph for Property located at 4250 Ximines Lane North (2006079 — Res2006-394). 6.12) Resolution Approving Audit Services for 2006, 2007, and 2008 (Res2006-395). 6.13) Resolution Approving Request for Payment No. 12 and Final for Vicksburg Lane Underground Storage Reservoir (3108 — Res2006-396). 6.14) Resolution Approving Request for Payment No. 3 and Final for Lift Stations Telemetry System Upgrade (3119 — Res2006-397). 6.15) Resolution Amending 2006 Water Fund Budget (Res2006-398). 6.16) Resolution Approving Encroachment Agreement for a Deck and Retaining Wall to Occupy a Drainage and Utility Easement within Lot 14, Block 3, Fawn Creek, 4405 Weston Lane (Res2006-399). 6.17) Resolution Approving Termination of Water Quality Pond Maintenance Agreement for Sugar Hills 4th Addition (95090 — Res2006-400). 6.18) Resolution Appointing Additional Election Judges for the General Election (Res2006- 401). 6.19) Resolution Approving Change Order No. 5 for Plymouth Metrolink Station 73 Transit Facility (3125 — Res2006-402). 6.20) Resolution Stating Opposition to Legislative Proposals that Remove Cable Television System Build -Out Provisions from Chapter 238 of Minnesota State Law (Res2006-403). 6.21) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.1). 6.22) Resolution Approving Agreement between the City of Plymouth and the Plymouth - Wayzata Youth Baseball Association (Res2006-404). 6.23) Resolution Approving Release of Financial Guarantee for Plymouth Ponds Business Park Addition (95005 — Res2006-405) and a Resolution Approving Final Release of Financial Guarantees for Paula's Place (2001017 — Res2006-406). Motion carried to approve the Consent Agenda Adopted Council Minutes Regular Meeting of October 10, 2006 Page 4 of 7 Public Hearings 7.1) Assessments for Removal and Destruction of Diseased Trees (Roll 1) Administrative Services Director McGann reported on the proposed assessments. Mayor Johnson opened the public hearing for testimony. There being no one wishing to appear to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Black and seconded by Councilmember Hewitt to adopt a Resolution Adopting Assessments for 2006 Removal and Destruction of Diseased Trees Roll 1 Res2006-407). With all members voting in favor, the motion carried. 7.2) Assessments for Weed Eradication and Destruction (Roll 1) Administrative Services Director McGann reported on the proposed assessments. Mayor Johnson opened the public hearing for testimony. There being no one wishing to appear to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe to adopt a Resolution Adopting Assessments for 2006 Weed Eradication and Destruction Roll 1 Res2006-408). With all members voting in favor, the motion carried. 7.3) Alcohol Compliance Check Violation for Woody's Grille, 220 Carlson Parkway Police Chief Goldstein reported on the second alcohol compliance check violation that occurred at Woody's Grille, 220 Carlson Parkway, on June 3, 2006. He explained at the time of the violation, the licensee wasn't a member of the Best Practices Program. A $1,000 fine and 10 - day license suspension is recommended by City Ordinance. Mayor Johnson opened the public hearing for testimony. Police Chief Goldstein reported the violation occurred on June 3, when an underage buyer was able to purchase alcohol. An employee of the establishment didn't ask for identification of the underage buyer. The employee pled guilty to a misdemeanor on July 26 and paid a $300 fine. Robert Carlson Jr., owner of establishment, stated when they were notified of the violation, they terminated the employee who failed the compliance check as well as the general manager. Their management team was then assigned to work with the Police Department on achieving best practices goals. He stated 15 of their employees have now attended the TIPS training conducted Adopted Council Minutes Regular Meeting of October 10, 2006 Page 5 of 7 by the Police Department. He presented a proposal to the Council whereby they would send two employees of their management team to the TIPS Train the Trainer Course in Iowa at the business's expense. After they completed the TIPS course, they would work with the Police Department for one year in training employees of other Plymouth establishments. They desire to become the City's model restaurant and partner. This proposal would be in lieu of the suspension. There being no one else wishing to appear to give testimony, Mayor Johnson declared the public hearing closed. Police Chief Goldstein discussed the TIPS program and the Police Department's involvement with that program during the past six years. He explained that this training is not a requirement and is in addition to the Best Practices training. The program is designed to assist employees that sell alcohol to train those that are going to be serving it. The businesses pay for the materials ($20 per person), and an employee of the Police Department conducts the five-hour course. During the past six years, the department has received very little interest in the program, and there have been occasions where they have had to cancel the training as there have been less than four people who have signed up. The Police Department promotes the program, but there has been a lack of interest. Councilmember Stein asked Mr. Carlson why they didn't originally sign up for the Best Practices Program. Mr. Carlson replied they received the information after the fact; however, they were committed to the program after the first incident. City Manager Ahrens and Police Chief Goldstein stated all applicants receive the Best Practices materials when they apply for a liquor license, and prior to the liquor license hearing, staff receives confirmation from the applicants on whether they would be participating in the program. It was also noted that this is the second violation when the business has just been open for 13 months. Councilmember Bildsoe shared his views on the Council's consistency when it comes to failed alcohol compliance checks, specifically, imposing fines, suspensions, and if necessary, revocation. Police Chief Goldstein agreed that the Council needs to consider the precedence that has already been established for violations. He noted that the Best Practices training is now outsourced, and some of those individuals conducting that training are also TIPS certified. Mr. Carlson stated they would notify all businesses that the TIPS training would be available at no cost to them. He noted that it would cost $1,000 for each of his employees to attend the TIPS training, and he would incur approximately $10,000 over the course of the year to conduct the training. He reiterated that their proposal would be in lieu of the suspension; however, they would pay the fine. Motion was made by Councilmember Stein and seconded by Councilmember Black to approve the $1,000 fine and the recommended 10 -day license suspension would be stayed with the condition that the licensee to the TIPS training for one year. Adopted Council Minutes Regular Meeting of October 10, 2006 Page 6 of 7 Police Chief Goldstein questioned the expense of $10,000 for the licensee when a very small number of people have attended the training in the past. He suggested if the Council would approve this proposal, that the licensee conduct the TIPS training for all liquor license holders, not just bar/restaurant combination establishments. Motion was made by Councilmember Hewitt, and seconded by Mayor Johnson, to postpone this item to November 14 in order that Mr. Carlson can prepare a detailed written proposal on what With all members voting in favor, the motion 7.4) Vacation of Certain Drainage and Utility Easements within Lot 2, Block 1, Bass Creek Business Park 4th Addition Public Works Director Cote reported on the proposed vacation. Mayor Johnson opened the public hearing for testimony. There being no one wishing to appear to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councihnember Black, and seconded by Councilmember Bildsoe, to adopt With all members voting in favor, the motion carried. 7.5) Vacation of a Drainage and Utility Easement within Lot 2, Block 1, Epiphany Second Addition Public Works Director Cote reported on the proposed vacation. Mayor Johnson opened the public hearing for testimony. There being no one wishing to appear to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe to adopt a Resolution Authorizing the Vacation of a Drainage and Utility Easement as Legally Described in Document No. 8812450 which lies within Lot 2, Block 1, Epiphany Second Addition Res2006-411) and a Resolution Setting Conditions to be Met Prior to Filing of Resolution No 2006-411 Vacating Drainage and Utility Easement as Legally Described in Document No. 8812450 which lies within Lot 2, Block 1, Epiphany Second Addition (Res2006-412). With all members voting in favor, the motion carried 7.6) Wellhead Protection Plan Adopted Council Minutes Regular Meeting of October 10, 2006 Page 7 of 7 Public Works Director Cote and the City's consultant from Bonestroo Rosene Anderlik and Associates reported on the proposed Wellhead Protection Plan. Mayor Johnson opened the public hearing for testimony. There being no one wishing to appear to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Stein and seconded by Councilmember Hewitt to accep the Wellhead Protection Plan. With all members voting in favor, the motion carried. General Business 8.1) Contract for the Police -Ordered Towing and Impoundment of Vehicles Frank Manaro, with Frankie's Towing, reported on the differences of the bids received for the police -ordered towing and impoundment of vehicles, and he acknowledged his bid was higher than the other two bidders. Motion was made by Councilmember Hewittand seconded by Councilmember Stein to adopt a Resolution Awarding the Contract for the Police -Ordered Towingandnd Impoundment of Vehicles Res2006-413). With all members voting in favor, the motion carried. Reports and Staff Recommendations 9.1) Set Future Study Sessions This item was postponed until October 24. Adiournment Mayor Johnson declared the meeting adjourn t approxim a/tely ands R. Engdahl, ity Clerk