HomeMy WebLinkAboutCity Council Minutes 05-13-2003Adopted Minutes
Regular Council Meeting
May 13, 2003
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 May 13, 2003.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt, Black, Slavik, Bildsoe, Neset,
and Stein.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline,
Community Development Director Hurlburt, Risk Management Coordinator Pemberton, Police
Chief Gerdes, Finance Director Hahn, Public Works Director Faulkner, Lieutenant Goldstein,
Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
Robert Schafer, 17700 38`h Avenue North, stated he lives in Cornerstone Commons, and he
recently appeared before the Council requesting a four-way stop sign at Lawndale and Medina
by petition). He stated the Villas do not want the stop sign, but they are requesting that the trees
be removed. He stressed that the trees aren't the problem, but it's the elevation for the sight
distance on the road. He stated that City staff has recently posted traffic volume monitors in this
area.
Public Works Director Faulkner confirmed that the traffic counters were placed there this week.
He stated they would review the traffic counts and determine the speed of traffic. He agreed that
the residents from the Villas have taken the position to remove the berm and trees. He stated
staff would follow-up to determine the status of this situation.
Mayor Johnson asked if there has been an analysis according to the City's stop sign policy.
Public Works Director Faulkner replied since this is a major collector street, the City's stop sign
policy doesn't apply but rather the Minnesota Department of Transportation's manual. He stated
staff would be preparing a report for the Council on the traffic and speed counts, as well as the
elevation relating to sight distance.
Presentations and Public Information Announcements
4.01) Announcement of Human Rights Commission Essay Contest Winners
Human Rights Commission Chair Hal Broxey, Contest Coordinator Joan Jensen, and Mayor
Johnson presented certificates for the winners of the Human Rights Commission essay contest.
Certificates were presented to Anant Jha, Drew Heiring, Taylor R. Daily, and Katie Menk.
Adopted Council Minutes
Regular Meeting of May 13, 2003
Page 2 of 8
Councilmember Hewitt thanked Ms. Jensen for coordinating this event.
Councilmember Black requested that copies of the four essays be given to the Council.
4.02) Proclamation Designating "National Police Week"
Mayor Johnson read a Proclamation Designating May 11-17 as "National Police Week."
Approval of Aeenda
Councilmember Black requested to add the Human Rights Commissions essays as item No. 9.3
under Reports and Staff Recommendations.
Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe to
approve the amended aeenda. With all members voting in favor, the motion carried.
Consent Aeenda
City Manager Johnson noted that the Resolution for item No. 6.19 had been amended per request
of the Minnesota Department of Transportation.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember S1avik to
approve the Consent Agenda, which included the following items:
6.01) Minutes from the April 15 Board of Appeal and Equalization, Special Meeting of April
15, and Special and Regular Meetings of April 22.
6.02) Resolution Approving Disbursements for the Period ending May 2, 2003 (Res2003-212).
6.03) Resolution Awarding the Contract for Insurance for the 2003/2004 Insurance Program
Res2003-213).
6.04) Rescind the Special Council Meeting scheduled for May 19 for the Youth Service
Awards Reception.
6.05) Resolution Approving Variances for Redevelopment of an Undersized Lot to allow
Construction of a New Single -Family Home at 2344 Ives Lane North (2003031 — Res2003-214).
6.06) Resolution Approving a Site Plan Amendment for Begin Oaks Golf for Property located
at 5635 Yucca Lane North (2003035 — Res2003-215).
6.07) Resolution Finding No Objection to Lawful Gambling Exemption for Swedish Women's
Educational Association (SWEA) of Minnesota (Res2003-216).
Adopted Council Minutes
Regular Meeting of May 13, 2003
Page 3 of 8
6.08) Resolution Approving 2003 Amusement License for Gopher State Expositions Inc.
Res2003-217).
6.09) Resolution Approving Master Planning of the Reserve Neighborhood Park (Res2003-
218).
6.10) Resolution Approving Payment to LOGIS for Police Application (Res2003-219).
6.11) Resolution Approving Institution Community Work Crew Program (Res2003-220).
6.12) Resolution Requesting Payment No. 7 for Reserve Transit Station (1032 — Res2003-221).
6.13) Resolution Receiving Preliminary Engineering Report and Ordering Plans and
Specifications for 2003 Lancaster Lane Trail Project (3107 — Res2003-222).
6.14) Resolution Ordering Public Hearing on the Vacation of an Alley within Elmhurst
Addition (Res2003-223).
6.15) Resolution Approving Encroachment Agreement for 12' x 20' Shed Construction at 730
Ithaca Lane North (Res2003-224).
6.16) Resolution Declaring Adequacy of Petition and Ordering Preparation of Report for Street
Lighting in Plum Tree East 81h Addition (Res2003-225), and a Resolution Receiving Report and
Ordering Project for Street Lighting in Plum Tree East 8 1 Addition (Res2003-226).
6.17) Resolution Receiving Preliminary Engineering Report and Ordering Plans and
Specifications for 2003 Forcemain Upgrade (3114 — Res2003-227).
6.18) Ordinance Amending Chapter IX of the Plymouth City Code concerning Dogs in City
Operated Dog Parks (Ord2003-11).
6.19) Resolution Requesting Variance from Rules for State Aid Operations for Garland
Lane/51" Avenue and Schmidt Lake Road (2022 and 2023 — Res2003-228).
The motion carried to approve the Consent Agenda
Public Hearings
7.1) Vacation of Street Easement in Lots 6 and 7, Block 1, Fazendin-Krogness Addition
Public Works Director Faulkner reported on the petitioned request of Peter and Deanna Beucke
and Russ and Linda Nohra for the Vacation of an easement for street purposes granted to the
City in 1968 for the extension of Queensland Lane. He stated with the platting of Serenity on
Hadley Lake along the west side of this property and because of the steep grade in the area,
Queensland Lane would not be extended. Therefore, the street easement is no longer necessary.
Adopted Council Minutes
Regular Meeting of May 13, 2003
Page 4 of 8
He stated the question was raised whether a trail easement should be maintained over the vacated
easement. An easement was granted for trail purposes over Serenity on Hadley Lake that abuts
this property; however, after staff reviewed the site, it was determined that it is unlikely that a
trail would be constructed in this area because of the steep grades and number of trees. As a
condition of approval for vacating the right-of-way, the property owners would be required to
sign an easement granting the City standard six-foot wide drainage and utility easements on each
side of the common property line between Lots 6 and 7.
Mayor Johnson opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Johnson
declared the public hearing closed.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a
Resolution Authorizing the Vacation of an Easement for Street Purposes Recorded under
Document No. 3744175, Fazendin-Krogness Addition (Res2003-229), and a Resolution Setting
Conditions to be met prior to Filing of Resolution No. 2003-229 for an Easement for Street
Purposes within Fazendin-Krogness Addition (Res2003-230). With all members voting in favor,
the motion carried.
7.2) Wine and On -Sale 3.2 Liquor Licenses for Forest Bay Investment Group, d/b/a
Panchero's Mexican Grill, 4130 Berkshire Lane, Unit B
City Clerk Paulson reported on the request of Forest Bay Investment Group for Wine and On -
Sale 3.2 Liquor Licenses for Panchero's Mexican Grill, 4130 Berkshire Lane.
Mayor Johnson opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Johnson
declared the public hearing closed.
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to adopt
a Resolution Approving On -Sale Wine and 3.2 Beer Licenses for Forest Bay Investment Group
LLC, d/b/a Panchero's Mexican Grill, 4130 Berkshire Lane, Unit B (Res2003-231). With all
members voting in favor, the motion carried.
7.3) Consideration of Penalty for Tobacco Compliance Check Violation for Abe's
Tobacco
Lieutenant Goldstein stated this is the first tobacco compliance violation for Abe's Tobacco. He
noted that the establishment was not a member of the Best Practices Program when the violation
occurred. Therefore, under Section 1150.10 of the City Code, there would be a presumptive
penalty of $500 and a five-day license suspension.
Mayor Johnson opened the public hearing for testimony.
Adopted Council Minutes
Regular Meeting of May 13, 2003
Page 5 of 8
Lieutenant Goldstein stated the violation occurred on November 30, 2002 when an underage
buyer was able to purchase cigarettes from the clerk. The clerk had asked the buyer if she was
over 13 years of age, and the buyer stated yes. The clerk then sold the cigarettes to the buyer.
He stated the clerk appeared in court and plead guilty to a misdemeanor and paid a $350 fine.
He stated the administrative hearing was conducted on April 2, and the license holder contended
that the clerk asked the buyer if she was over 18, not 13. He stressed that it's the clerk's
responsibility to read the buyer's identification to make sure they are of legal age to purchase the
products. He stated the license holder requested a hearing before the Council.
Ibrahim Al-Khalel, 17320 138th Avenue North, stated he would plead guilty to the events that
occurred, and his employee did sell tobacco to an underage individual. He also stated that the
clerk made the sale without requesting an identification. He indicated that the tobacco business
is a very difficult business as one has to deal with the public and minors. He noted that he has
passed three of four compliance checks within the last two years, and his employees are checking
identifications. He requested that the Council remove the five-day license suspension as it would
be very difficult for them to be closed five consecutive days since their rent is so high. He noted
that he is in the process of joining the City's Best Practices Program. He had received earlier
correspondence on this program, but never paid any attention to it.
Mayor Johnson asked what kind of training does he provide for his employees. Mr. Al-Khalel
replied that they check identifications of the buyers who appear to be 25 years old or less. They
always request Minnesota identifications.
Councilmember Black asked Mr. Al-Khalel if it would be easier for him to serve the five-day
suspension over a longer period of time, rather than consecutive days. Mr. Al-Khalel replied
yes.
Councilmember Neset asked if both the clerk and the license holder pay a fine in conjunction
with the violation. Lieutenant Goldstein stated the owner paid a $50 civil penalty, and the clerk
paid a fine of $350.
Mayor Johnson cautioned Mr. Al-Khalel in allowing youth to congregate near his business. She
suggested that he get his training practices in order.
There being no one else wishing to appear before the Council to give testimony, Mayor Johnson
declared the public hearing closed.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
a Resolution Imposing Civil Penalty Against Abe's Tobacco fro Tobacco Compliance Check
Violation (Res2003-232) with staff working with the license holder to schedule the five-day
suspension but not consecutively, at the discretion of the City.
Mayor Johnson stated she wouldn't support the motion, as there are reasons why there are
presumptive penalties. She stated the City strives to assist businesses and their employees in
being successful with their compliance checks. She also stated that the license holder should
Adopted Council Minutes
Regular Meeting of May 13, 2003
Page 6 of 8
have paid more attention to the correspondence that he received from the City on the Best
Practices Program.
Councilmember Bildsoe requested a friendly amendment to the main motion that the license
suspension be served within two months. This friendly amendment was accepted.
With all members voting in favor but Johnson and Slavik, the motion carried.
General Business
8.1) Comprehensive Plan Amendment and Rezoning to Reguide and Rezone Certain
Parcels of Properties located West of East Medicine Lake Boulevard near 24th Avenue
2003022)
Community Development Director Hurlburt reported on the proposal for development of 10 lots
located west of East Medicine Lake Boulevard near 24`h Avenue. She stated three of the 10
parcels (parcels 5-7) are developed with single-family homes and the remaining parcels are
vacant. The proposal would involve reguiding the three developed parcels from P -I to LA -1 and
rezoning the remaining seven parcels from RSF-2 to P -I.
She stated the four southernmost parcels (parcels 7-10), are indicated as "City -Owned Open
Space" on maps in Chapter 8 of the City's Comprehensive Plan. The proposal would also
involve removing all four of those parcels from the "City -Owned Open Space" designation. The
first three parcels from the south (parcels 8-10) are owned by the City, and the fourth parcel from
the south (parcel 7) is privately owned and developed with a home. Under the proposal, the
City -owned parcels would continue to be owned by the City. The City is proposing to use a
portion of the City -owned land for water quality ponding to assist in improving the water quality
of Medicine Lake.
Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt, to adopt a
Resolution amending the Comprehensive Plan to reguide three parcels from P -I to LA -1
Res2003-233). With all members voting in favor, the motion carried.
Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt, to adopt
an Ordinance Rezoning Seven Parcels from RSF-2 to P -I (Ord2003-12), Resolution Adopting
Findings of Fact for Rezoning (Res2003-234), and Resolution Amending the Comprehensive
Plan to remove four parcels from the "City -Owned Open Space" Designation (Res2003-235).
With all members voting in favor, the motion carried.
8.2) Appoint Youth Applicants to Advisory Boards and Commissions
Mayor Johnson stated at the Study Session this evening, the Council interviewed youth for
positions on the Human Rights Commission, Environmental Quality Committee,
Wayzata/Plymouth Chemical Health Commission, and the Youth Advisory Council. She stated
the Council would be making appointments this evening to all the committees with the exception
Adopted Council Minutes
Regular Meeting of May 13, 2003
Page 7 of 8
of the Youth Advisory Council, and those appointments would be made at the May 27 Regular
Council meeting.
Assistant City Manager Ahrens read the proposed appointments to all of the committees with the
exception of the Youth Advisory Council.
She noted that the Council has requested staff to prepare a recommendation for a future Council
meeting on youth serving on the Park and Recreation Advisory Commission and making all three
of the youth positions on the Environmental Quality Committee regular members rather than one
member serving as an alternate.
Motion was made by Black, and seconded by Councilmember Hewitt, to adopt a Resolution
Appointing Youth Members to City Boards and Commissions (Res2003-236). With all members
voting in favor, the motion carried.
8.3) Appointment of Two At Large Representatives to the Aquatic Vegetation
Management Group
Councilmember Black requested that Marjorie Larson and Donald Maxwell be appointed as At
Large representatives on the Aquatic Vegetation Management Group.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a
Resolution Appointing At Large Members to the Aquatic Vegetation Management Group
Res2003-237). With all members voting in favor, the motion carried.
Reports and Staff Recommendations
9.1) Receive Water Quality Report from Three Rivers Park District
Public Works Director Faulkner reported after the Water Resources Management Plan was
adopted by the Council in February 2000, the City began its Water Quality Monitoring Program.
He stated the purpose of the program is to establish a surface water quality benchmark by
recording and understanding the background conditions and other factors such as nutrient
loading that affect water quality, and to track and monitor the key environmental indicators so
the City can objectively evaluate the City's restoration and management efforts against the prior
conditions.
John Barten and Brian Vlach, from the Three Rivers Park District, provided a presentation to the
Council regarding the results of the 2000-2001 Water Quality Monitoring Report as it applied to
Parkers Lake and Medicine Lake.
9.2) Legislative Update
Adopted Council Minutes
Regular Meeting of May 13, 2003
Page 8 of 8
City Manager Johnson reported on the definition of relocation benefits legislation and various
tax bills. He also noted that there is an amended redistricting map from the Metropolitan
Council, and Plymouth would be in one district.
Mayor Johnson noted that the handgun legislation passed, and it would become law on May 28.
The League of Minnesota Cities is in the process of making recommendations to cities in how to
interpret the new law. She stated in the next legislative session, there may be clarifications on
posting notices on City properties similar to what is contained in the new law for schools and
businesses.
9.3) Human Rights Essays
Councilmember Black requested that the four top Human Rights Commission's essays be placed
on the City's website.
Adjournment
Mayor Johnson adjourned the meeting at 8:40 p.
S ndra R. Paulson, City Clerk