HomeMy WebLinkAboutCity Council Minutes 11-14-2006Adopted Minutes
Regular Council Meeting
November 14, 2006
Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in
the Council Chambers of City Hall, 3400 Plymouth Boulevard, on November 14, 2006.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Bildsoe, Hewitt, Stein, Slavik, Willis,
and Black.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, Police Chief Goldstein, City Attorney Knutson, Park
and Recreation Director Blank, Fire Chief Kline, Public Works Director Cote, Planning Manager
Senness, Housing Manager Barnes, Administrative Services Manager McGann, and City Clerk
Engdahl.
Plymouth Forum
There was no one wishing to address the Council.
Presentations and Public Information Announcements
4.01) Oath of Office to Firefighter Paul Larson
City Clerk Engdahl administered the Oath of Office to Firefighter Paul Larson.
4.02) Presentation on the City's Bike Commuting Efforts and Presentation of Trophy to
the City of Plymouth
Melissa Madison and Kate Diercks of 494 Commuter Services spoke of the 2006 Commuter
Challenge and those individuals who won prizes. A trophy was presented to the City for their
support and promotion of bike commuting.
4.03) Update on Interfaith Outreach and Community Partners' Sleepout Campaign and
the "Sleepless Sleepout"
Jill Kohler and LaDonna Hoy from Interfaith Outreach and Community Partners, reported on this
year's Sleepout Campaign and the "Sleepless Sleepout,"
Mayor Johnson proclaimed November 11-18, 2006 as "Housing Week."
4.4) Announcement of Open House on November 25 at Vicksburg Crossing
Councilmember Bildsoe announced the open house at Vicksburg Crossing on November 25 at
Adopted Council Minutes
Regular Meeting of November 14, 2006
Page 2 of 7
from 12:00 p.m. -4:00 p.m.
4.5) Announcement of Open House for Mayor Johnson
City Manager Ahrens reported on an open house scheduled for Mayor Johnson on December 12,
4:30 p.m. -6:30 p.m., at the Plymouth Creek Center.
Approval of Agenda
Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to
approve the agenda. With all members voting in favor, the motion carried.
Consent Agenda
City Manager Ahrens noted a typographical error on the agenda for item No. 6.06, which is
approval" of the sign variances, rather than "denial."
Councilmember Willis removed item No. 6.13, and it was placed under General Business as item
No. 8.2.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to adopt
the amended Consent Agenda that included the followingitems: ems:
6.01) Resolution adopting a 501(c)(3) Revenue Bond Financing Policy (Res2006-429).
6.02) Resolution Approving Disbursements for the Period Ending November 3, 2006
Res2006-430).
6.03) Resolution Amending and Restating Resolution No. 2002-306 Adopted on July 9, 2002,
Approving Final Plat and Development Contract for MIM Enterprises for Paulas Place located at
County Road 101 and Merrimac Lane North (2001017F — Res2006-431).
6.04) Resolution Approving a Preliminary Plat, Final Plat, and Variances for Two Single -
Family Lots to be known as Duchaine Woods located at 17815 101' Avenue North (2006074 —
Res2006-432).
6.05) Resolution Approving a Site Plan and Conditional Use Permit for Children's Design
Group for a Child Care and Early Childhood Education Center for Property located at the
Southeast Corner of Old Rockford Road and Peony Lane (2006081— Res2006-433).
6.06) Resolution Approving a Site Plan, Conditional Use Permit, and Variances to allow the
Construction of a Taco Bell for Border Foods, Inc. on Property located at 9900 Rockford Road
2006088 — Res2006-434).
Adopted Council Minutes
Regular Meeting of November 14, 2006
Page 3 of 7
6.07) Resolution Approving a Conditional Use Permit for Carlson Real Estate Company for a
Sports and Fitness Club located at 14100 Carlson Parkway (2006089 — Res2006-435).
6.08) Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, Entitled the
Plymouth Zoning Ordinance (2006095 — Ord2006-28), Resolution Approving Findings of Fact
for a Zoning Ordinance Text Amendment to allow Tutoring/Learning Centers in the CC -R
Zoning District by Conditional Use Permit (Res2006-436), and Resolution Approving a
Conditional Use Permit for Reprise Design Inc. for Kumon Learning Center located at 3475
Plymouth Boulevard (2006095 — Res2006-437).
6.09) Resolution Approving a Site Plan Amendment to Construct a Credit Union with Drive -
Through at Rockford Road Plaza for Property located at 4190 Vinewood Lane 2006097 —
Res2006-438).
6.10) Resolution Approving Variances for Holly Hamilton for Redevelopment of a Non -
Conforming Lot, Impervious Surface Coverage and Front Setback for Property located at 10620
30`h Avenue North (2006097 — Res2006-439).
6.11) Resolution Adopting Assessments Associated with Sanitary Sewer and Water Hookup at
18925 12`h Avenue North (Res2006-440).
6.12) Resolution Relating to a Project on Behalf of Family Child Development Center and its
financing under Minnesota Statutes, Sections 469.152 to 469.165; Calling for a Public Hearing
thereon (Res2006-441).
6.13) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.2).
6.14) Resolution Approving Request for Payment No. 5 and Final for Best Management
Practices Implementation Project (4119E — Res2006-442).
6.15) Resolution Approving Request for Payment No. 2 and Final for Emergency Vehicle Pre-
Emption Project (5126 — Res2006-443).
6.16) Resolution Adopting Assessments for 2006 Street Reconstruction Project, Revised
Assessment Roll from $5,001-$10,000 (Res2006-444).
6.17) Resolution Approving Request for Payment No. 2 and Final for Walnut Grove Lane
Retaining Wall Project (6104 — Res2006-445).
6.18) Resolution Approving Request for Payment No. 3 and Final for 2006 Mill and Overlay
Project (6106 — Res2006-446).
6.19) Resolution Authorizing "No Parking" Restrictions on Both Sides of Ranchview Lane
between 3`a Avenue and 5h Avenue from 8:30 a.m. to 4:30 p.m. Weekdays (Res2006-447).
Adopted Council Minutes
Regular Meeting of November 14, 2006
Page 4 of 7
6.20) Resolution Approving Termination of Water Quality Pond Maintenance Agreement for
Pike Lake Woods 3 Addition (98170 — Res2006-448).
6.21) Resolution Approving Agreement with T -Mobile for Antenna Mounting on the Water
Standpipe located at 18950 County Road 6 (Res2006-449).
6.22) Resolution Approving Agreement with T -Mobile Central for Antenna Mounting in the
Bass Lake Playtield (Res2006-450).
6.23) Resolution Approving Encroachment Agreement for a Sidewalk and Retaining Wall to be
constructed within a Drainage and Utility Easement on Lot 1, Block 7, Seven Greens Second at
15800 50`h Place (Res2006-451).
6.24) Resolution Accepting Utilities for Continual Maintenance Churchill Ridge (2004107 —
Res2006-452).
6.25.1) Resolution Approving Final Release of Financial Guarantee for French Ridge Park
Addition (94159 — Res2006-453).
6.25.2) Resolution Approving Final Release of Financial Guarantee for Holly Creek 4th
Addition (95027 — Res2006-454).
6.25.3) Resolution Approving Final Release of Financial Guarantee for Holly Creek 5th
Addition (96005 — Res2006-455).
6.25.4) Resolution Approving Final Release of Financial Guarantee for Plum Tree East
Addition (94090 — Res2006-456).
6.25.5) Resolution Approving Final Release of Financial Guarantee for Plum Tree East 2" a
Addition (98128 — Res2006-457).
6.25.6) Resolution Approving Final Release of Financial Guarantee for Plum Tree East 3rd
Addition (98129 — Res2006-458).
6.26) Resolution Revising and Replacing 2006-359 which Approved a PUD Amendment to
allow Construction of an 8,100 square foot Daycare for Property located at 16605 County Road
24 (2006058 — Res2006-459).
6.27) Resolution Approving Tobacco License Wood and Associates d/b/a Vicksburg Liquor,
1115 Vicksburg Lane No. 5 (Res2006-460).
6.28) Resolution Relating to Financing Multifamily Housing Developments under the
Municipal Housing Programs Act; and Calling for a Public Hearing Thereon (Res2006-461).
6.29) Resolution Approving Credit Card Use Policy (Res2006-428)
Adopted Council Minutes
Regular Meeting of November 14, 2006
Page 5 of 7
6.30) Resolution Approving Change Order No. 1 and Final Payment for Greenwood Park
hnprovement Project (Res2006-462).
6.31) Resolution Accepting Donations for City Special Events and Programs (Res2006-463).
Motion carried to approve the Consent Agenda.
Public Hearings
7.1) Vacation of Certain Drainage and Utility Easements within Block 8, 9, and 11, Taryn
Hills 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 Slavik, and seconded by Councilmember Bildsoc, to adopt
a Resolution Authorizing the Vacation of all Drainage and Utility Easements within Block 8, 9
and 11, Taryn Hills (Res2006-464) and a Resolution Setting Conditions to be met prior to filing
of Resolution No. 2006-464, Vacating Drainage and Utility Easements within Blocks 8, 9 and
11, Taryn Hills (Res2006-465). With all members voting in favor, the motion carried.
General Business
8.1) Alcohol Compliance Check Violation for Woody's Grille, 220 Carlson Parkway
Police Chief Goldstein reported on October 10 the Council conducted a hearing on the second
compliance check violation for Woody's Grill. At that hearing, licensee Robert Carlson offered
an alternate penalty for the Council's consideration. They would pay the $1,000 fine, and in lieu
of the 10 -day liquor license suspension, they would host alcohol servers TIPS (training for
intervention procedures) for all liquor license holders within the City at their expense.
Robert Carlson stated two of his employees have recently attended the TIPS training in Iowa.
He stated they have conducted a "soft" poll with some of the liquor license holders in the City,
and they have learned that those establishments would be more comfortable attending their TIPS
training at Woody's Grill, versus at the Police Department. He stated they would send a letter to
establishments followed by a phone call. There would be no cost to the attendees for the
materials.
Police Chief Goldstein noted that in 2005, only three of the 60 license holders went through the
TIPS training. He stated the lack of participation could be due to the fee which is $20 for the
Adopted Council Minutes
Regular Meeting of November 14, 2006
Page 6 of 7
materials. The department has promoted the program through various publications to liquor
license holders.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik to
approve the $1,000 fine and a 10 -day license sus ension.
The Council had a considerable amount of debate on Mr. Carlson's proposal. One issue
discussed involved what some Councilmembers felt was fairness, equity, and precedent issue in
relationship to other licensees who have had compliance check violations, and they had to
receive fines and suspensions, under no exceptions. Another issue was that the City developed
the Best Practices training program model, and it has been shared with many agencies and is now
the top training program in the state. The program is effective. The third issue is the proposal
which is being presented by a licensee who would like to give something back to the community
by sponsoring the TIPS training. The fourth issue involved giving this proposal a chance even
though the Police Department has conducted this training in the past with very limited success.
One suggestion was made that the licensee could serve the 10 -day license suspension in a year if
the program isn't successful. Mayor Johnson also suggested that since the licensee is now a
member of the Best Practices Program after the second violation, that they fall under that penalty
grid for a second violation, which would be a $1,000 fine and 5 -day license suspension.
Mr. Carlson stated that they would do this program for a one year, and after one year, it would be
assessed. If the program would be successful, he would continue to operate the program.
Motion was made by Mayor Johnson and seconded by Councilmember Hewitt to a rove a
1,000 fine and a five-day stayedspension with the condition that the licensee conduct the
TIPS training for one year as proposed, and this would be evaluated by the City Council after
one year.
The Council voted on the amendment and with Stein, Black, Willis, and Hewitt voting yes, and
Bildsoe, Slavik, and Johnson voting no, the motion carried.
The Council voted on the amended main motion and with Stein, Black, Willis, Hewitt, and
Johnson voting yes, and Bildsoe and Slavik voting no, the motion carried.
8.2) Compensation Agreements for Fernbrook Lane Street and Signal Improvements
1013)
Councilmember Willis requested that before the Council approves these agreements, the Council
conducts a Study Session to discuss the projection of costs for this project and financing options
as it relates to the Capital Improvements Program. He stated this particular project could be
more costly than what was anticipated.
Motion was made by Councilmember Willis, and seconded by Mayor Johnson to defer this item
to a Study Session that would be conducted on November 28 at 530 p m. With all members
voting in favor, the motion carried.
Adopted Council Minutes
Regular Meeting of November 14, 2006
Page 7 of 7
Reports and Staff Recommendations
9.1) Canvass Results of the November 7 General Election
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
a Resolution Certifying the Local Results of the November 7 General Election (Res2006-467).
With all members voting in favor, the motion carried.
9.2) Set Future Study Sessions
The Council scheduled Study Sessions on December 19 at 6:00 p.m. (board and commission
interviews and City Manager evaluation), and January 16, 2007 at 6:00 p.m. (2007-2011 Capital
Improvements Program).
Adiournment
Mayor Johnson declared the meeting adjourned t approximately 8:40 p.m.
andra R. Engdahl, 6tity Clerk