HomeMy WebLinkAboutCity Council Minutes 06-24-2003Adopted Minutes
Regular Council Meeting
June 24, 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 June 24, 2003.
COUNCIL PRESENT: Mayor Johnson, Counci nembers 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, Police Chief Gerdes, Finance Manager Jacobson,
Public Works Director Faulkner, Park and Recreation Director Blank, City Attorney Knutson,
and City Clerk Paulson.
Plymouth Forum
There was no one present to address the Council).
Presentations and Public Information Announcements
4.01) Recognize City Programs cited for excellence at the League of Minnesota Cities
Annual Conference
Mayor Johnson reported that the City received the League of Minnesota Cities 2003 City
Achievement Award for innovation and excellence in Public Safety for the "Teens Driving Safe"
project and the 2003 City Achievement Award for innovation and excellence in citizen,
community, and youth involvement for the City's "Bridging the Gap" program.
Nancy Franke -Wilson and Lieutenant Goldstein discussed the "Teens Driving Safe" project.
They noted that the cities of Minnetonka and Maple Grove also partnered with the City with this
project.
Due to severe weather, a 10 -minute break was held.
4.02) Announcement of Millennium Garden Dedication
Park and Recreation Director announced the Hot Summer Jazz Festival on June 25 from 5:30
p.m. to 10:00 p.m. at the Hilde Performance Center.
He stated June 28 is the Music in Plymouth's 5k fun run, and June 29 is the dedication of the
Millennium Garden.
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Regular Meeting of June 24, 2003
Page 2 of 13
Councilmember Slavik encouraged everyone to attend this year's Music in Plymouth on July 2
She announced that Mayor Johnson was elected First Vice President on the League of Minnesota
Cities Board.
4.03) Announcement of Plymouth Community Foundation
Councilmember Black announced the formation of a Plymouth Community Foundation. She
stated they have drafted a mission statement and they are beginning their fundraising efforts.
She stated the intent of the foundation is to raise money for needs within the community that are
unable to be funded through government and private organizations.
Anoroval of Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to
approve the agenda.
Motion was made by Mayor Johnson, and seconded by Councilmember Hewitt, to suspend the
rules in order to discuss item No. 8.2 after item No. 7.2. With all members voting in favor, the
motion carried.
The Council voted on the amended main motion and with all members voting in favor, the
motion carried.
Consent Agenda
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to approve
the Consent Agenda, which included the following items:
6.01) Minutes from the June 10 Special Meeting, and June 10 Regular Meeting.
6.02) Resolution Approving Disbursements for the Period ending June 13, 2003 (Res2003-
274).
6.03) Resolution Accepting the 2002 Comprehensive Annual Financial Report and Audit
Res2003-275).
6.04) Resolution Approving A Fence Height Variance In The Front Yard For Michael Stiegler
And Sonja Savre For Property Located At 4115 Forestview Lane North (2003139 — Res2003-
276).
6.05) Resolution Approving A Preliminary Plat To Divide The Existing Parcel Into Two Lots
And A Variance For Lot Width For Property Located At 17335 County Road 24 North
2003045 — Res2003-277).
6.06) Resolution Approving A Conditional Use Permit For Pillar Homes To Allow An
Attached Garage Containing Over 1,000 Square Feet For Property Located At 700 Shadyview
Lane North (2003049 — Res2003-278).
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Regular Meeting of June 24, 2003
Page 3 of 13
6.07) Resolution Approving Payment to Senior Community Services (Res2003-279)
6.08) Resolution Approving Green Mill Restaurant's Application to Extend the Licensed
Premises for an Outdoor Event (Res2003-280).
6.09) Resolution Receiving Petition for Street Improvements and Order Preliminary
Engineering Report for 8th Avenue and Queensland Lane (Res2003-281).
6.10) Resolution Approving Change Order No. 1, Deep Well No. 6 Maintenance Project
Res2003-282).
6.11) Resolution Approving Plans and Specification s and Ordering Advertisement for Bids,
Parkers Lake Rock Weir, Storm Drainage Improvements, (2026 — Res2003-283).
6.12) Resolution Approving Tobacco License for RBF Corporation of Wisconsin d/b/a Rainbow
Foods, 16720 Co. Rd. 24 (Res2003-284)
Kirsten Vosen, audit partner with Deloitte and Touche, discussed the results of the 2002 fiscal
year. She thanked the Council for the opportunity to meet with them prior to this meeting in
order to discuss the audit and best practices.
The motion carried to approve the Consent Agenda.
Public Hearings
7.1) Vacation of a Perpetual Scenic Easement within the Plymouth Plaza Additions
Public Works Director Faulkner reported on the request to vacate a perpetual scenic easement
within the Plymouth Plaza Additions. He explained in order for the City to construct Well No.
14 north and east of Lancaster Lane and south of County Road 9, the scenic easement must be
vacated. He stated the easement was included in covenants placed on the property by Metram
Properties Company in 1979 over portions of the Plymouth Plaza Additions and part of vacated
County Road 9 right-of-way. He stated the owner of the Four Seasons Mall is in agreement with
vacating the scenic easement and has signed a Release of Declaration for Termination of the
Scenic easement and has granted an easement to the City for Well No. 14.
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 Slavik, to adopt a
Resolution Authorizing the Vacation of a Perpetual Scenic Easement Recorded under Document
No. 4467555, Exhibit B (Res2003-285). With all members voting in favor, the motion carried.
7.2) Off -Sale 3.2 Malt Liquor Licenses for RBF Corporation of Wisconsin d/b/a Rainbow
Foods Stores
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Regular Meeting of June 24, 2003
Page 4 of 13
City Clerk Paulson reported on the request of RBF Corporation of Wisconsin for On -Sale 3.2
malt liquor licenses for the Rainbow Food Stores located at 4190 Vinewood Lane North and
10200 6ih Avenue North.
Mayor Johnson opened the public hearing.
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 Bildsoe, to adopt
With all
members voting in favor, the motion carried.
8.2) Consideration of Third Sheet of Iee at the Plymouth Ice Center
Park and Recreation Director Blank reported on the request of Providence Academy and
Wayzata Hockey Association to expand the Ice Center with a third sheet of ice. He stated the
Council conducted Study Sessions on February 25 and April 15 with representatives of
Providence Academy and the Wayzata Hockey Association. The Council directed staff to
further review the financial, parking, wetland and traffic issues as well as having the Park and
Recreation Advisory Commission assess the need for the facility.
He stated regarding the financial projections, staff has estimated that the project would cost
approximately $4,639,884. Providence Academy has proposed funding of $1,250,000 and the
Wayzata Hockey Association has proposed funding of $625,000. He stated as the Council
directed, there would be no general funds involved. The City's funding would be $1,375,000
from the park dedication fund with the remaining portion of $1,389,884 to be financed by the
City over 15 years from the arena's new revenue from the third sheet of ice and a $5 per hour
user charge. He stated with the donations from Providence Academy and the Wayzata Hockey
Association, they would be funding 70% of the project, and the remaining 30% would be
financed by the City. He discussed the park dedication funds and stated the philosophy of the
park dedication funds is that there is no direct burden to the taxpayers in constructing park
facilities. He stated that the Council has authorized 10 projects that would be funded this year
with park dedication funds in the amount of $1.7 million.
He discussed the operating budget for the Ice Center and noted that this facility operates similar
to a business. The Ice Arena has made a profit every year since it has been in operation, and he
stated that last year, there was net revenue of $144,000 from the facility. He stated the third
sheet of ice would add net revenue, and the revenue bond would be paid back with interest over
15 years.
He stated regarding the parking concerns, based on the City Center zoning with an arena with
400 seats, 55 additional parking stalls would need to be constructed in order to be in compliance
with the Zoning Ordinance. He stated currently, there are 50 parking stalls that are being
constructed to the east of the Ice Arena and LifeTime Fitness. He indicated that under this
proposal, the City would construct 54 additional parking stalls to the east of the arena. The City
would meet and exceed the Zoning Ordinance requirements for parking by 40 spaces by
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Regular Meeting of June 24, 2003
Page 5 of 13
receiving credit for the 41 on -street parking stalls as allowed by the Zoning Ordinance. The City
would reserve the option to construct 57 additional parking stalls in the northwest corner of the
site. Staff recommends not constructing additional parking spaces unless there is a proven need.
Mayor Johnson asked about the height of the building. Park and Recreation Director Blank
stated the height of the addition would be at the same height or lower as the existing building.
However, the actual height wouldn't be determined until an architect is selected.
Park and Recreation Director Blank discussed the traffic concerns. He stated since the Ice Arena
opened in June 1997, there has only been one accident on 38th Avenue, Minnesota Lane, or
Orchid Lane. He stated 38th Avenue currently carries 1,200 vehicles per day, and the third sheet
of ice would generate approximately 10 additional trips during 15 game day event. Staff
recommends that the City continue to monitor this issue with the neighborhood after the third
sheet is opened and take appropriate action based on observed traffic behavior. He stated options
that could be considered would be the use of police officers to direct traffic at the conclusion of
certain events or barricading the street during peak traffic flow.
He stated regarding the wetland issue, with the parking being reduced on the east side of 69 to 51
cars, the City would meet the requirements for wetland buffers. The City's wetland ordinance
allows four buffers to be regraded and replanted with proper wetland mix. He stated the
Plymouth Creek wetland is a high quality wetland requiring a buffer from 40 to 60 feet wide
with an average of 50 feet. With the new parking layout, this would be met or exceeded. He
noted that all the water from the additional parking lot drains into NURP ponds for treatment and
not into the wetland. He stressed that the arena addition would be approximately 80% on
existing paved ground such as sidewalk, roadway, and parking lot.
He reported the Park and Recreation Advisory Commission reviewed this project at their May 8
meeting. After reviewing the data and conducting a public hearing, the Commission determined
that there is a need for a third sheet of ice. He noted that currently ice time at the Ice Center is
sold out. He spoke of a demand for adult ice time of the Ice Center, but that isn't available due
to the ice time being sold out.
He stated there are two options the Council could pursue. The first option would be to not
proceed with the project. The second option would be to proceed with the project by sending out
RFPs and selecting an architect, preparing site plan and preliminary design for the facility,
testing of the soils, and negotiating letters of agreement with Providence Academy and the
Wayzata Hockey Association for the amount of ice time they would be purchasing the next 15
years, which is the period of the revenue bond. He commented that currently it is a good time to
construct the facility as construction costs and interest rates are low. Staff's recommendation is
to proceed with the project.
Councilmember Bildsoe asked if there would be prime time ice available to adults and if so, how
that would affect the revenue. Park and Recreation Director Blank replied they would like to
pursue three more public skating sessions with one being on Saturday and two sessions being
during the week. He noted that only 1,000 to 1,200 hours of ice time would need to be sold in
order to make the projections.
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Regular Meeting of June 24, 2003
Page 6 of 13
Councilmember Slavik asked how many parking stalls would be lost due to construction. Park
and Recreation Director Blank replied 30 parking stalls would be lost.
Councilmember Slavik stated if that is case, the City would only be netting 25 parking stalls with
the construction of 55 new parking stalls.
Councilmember Slavik asked how staff was able to reduce the approximate cost of the facility
from the original plan. Park and Recreation Director Blank replied that was due to the
construction of 57 parking stalls. If those stalls would be needed in the future, the costs to
construct the stalls would be split between LifeTime Fitness and park dedication fees.
Councilmember Hewitt asked if there would be a need for a fourth sheet of ice in the future.
Park and Recreation Director Blank replied it wouldn't be feasible to construct a fourth sheet of
ice at this location.
Councilmember Stein stated if any park projects in the Capital Improvements Program would be
impacted if park dedication fees would be used for this project. Park and Recreation Director
Blank replied that staff isn't projecting to remove any park projects from the Capital
Improvements Program.
Councilmember Stein asked if the outdoor ice facilities are being utilized. Park and Recreation
Director Blank replied there are 11 outdoor rinks, but the usage and maintenance of those
facilities is based solely on the weather. He stated the mites league currently utilizes those rinks.
Councilmember Black asked what fund the $544,000 comes from for open space acquisition.
Park and Recreation Director Blank replied those funds come from the capital improvements
fund. He stated regarding the Northwest Greenway project, staff has been negotiating with
property owners, and it is projected that 20% of the cost to purchase property for the Northwest
Greenway would come from park dedication funds.
Councilmember Black stated during the winter months, there needs to be pedestrian access from
the parking bays on Plymouth Boulevard to the Ice Arena. She asked if there would be ample
contingency if there were over runs for substantial soil corrections. Park and Recreation Director
Blank replied they need to test the soils to determine if the projections are accurate.
Councilmember Black asked what kind of growth is anticipated for girls' hockey and how would
that impact adult usage. Park and Recreation Director Blank replied ice time isn't available for
adults until after 10:00 p.m., and he doesn't anticipate that trend to change. He stated there is
currently enough youth demand to totally sell out the facility on the first day the facility opens.
In addition, they sell 3,000 hours of ice time with the current rink and 1,200 hours of ice time
would be all they would need to sell in order to make the facility profitable and pay off the
revenue bond.
Councilmember Bildsoe commented that he believes park dedication funds are taxpayer funds as
the developer passes those costs onto the purchasers when lots are sold in a development.
Councilmember Johnson asked if staff could contact the businesses across Plymouth Boulevard
for the use of their parking spaces during the evenings. Park and Recreation Director Blank
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Regular Meeting of June 24, 2003
Page 7 of 13
stated staff has contacted Carlson Companies for the property across the street from LifeTime
Fitness and the Iee Arena; however, that building hasn't been constructed yet.
Mayor Johnson asked how the City would protect the park dedication funds if costs increase due
to unforeseen circumstances. Park and Recreation Director Blank replied the City Attorney
would draft an agreement with Providence Academy and the Wayzata Hockey Association that
once the contract is awarded, they would be obligated to fulfill their commitment for 15 years.
Dan Frederick, representing Providence Academy, stated they received an informal quote from
Kraus Anderson of $3.5 million for the facility. He stated when the project is bid, if the costs are
over $3.8 million, they are prepared to commit $1,250,000 for the over run in costs. If the costs
were below $4.6 million, Providence Academy would share those savings. He reiterated that a
third sheet of ice is greatly needed, and he noted the private financial commitment to this project.
He stated bond and construction costs are very low, and the City should take advantage of the
market. He requested the Council to proceed with the project.
Councilmember Black asked if the prevailing wage law would affect this project. Park and
Recreation Director Blank replied no.
Greg Gibson, representing Wayzata Hockey Association, 4300 Niagara Lane North, thanked the
Council and staff for all their time and efforts. He stated this is a unique opportunity to support
youth hockey. He reiterated that their association would commit $625,000 to the project. He
stated they are in the process of recruiting for a "girls only" hockey program. The goal of their
program is to retain the youth in their program from five years until they graduate. He noted that
they currently purchase ice time at other facilities not located in Plymouth, and they do compete
with the adult crowd after 10:00 p.m.
Councilmember Bildsoe asked if they would pay the $625,000 prior to construction. Mr. Gibson
replied $125,000 would be given to the City prior to construction.
Councilmember Slavik asked if the association is willing to make a 15 -year commitment to use
the facility. Mr. Gibson replied yes.
Laurene DeMuth, 14025 48a' Avenue North, stated she has children in the hockey and figure
skating programs. She stated there are 70 members in the figure skating club, with 70% of them
residing in the City. They compete at the local, state, and national levels. She stated prime ice
time is extremely important to them. They currently purchase eight to 10 hours of ice time per
week September through May, and approximately six hours in the summer. She stated their
growth potential has stabilized due to the amount of ice time available.
Sally Rech, coach of the Plymouth Panda Figure Skating Club, stated they need ice time for the
youth to practice their routines. She stated the issue has been for the youth to skate before
school, which is very difficult. Therefore, they would benefit from more prime ice time. She
stated they have lost youth to other facilities where they can practice more times during the week
than they can at the Ice Center.
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Regular Meeting of June 24, 2003
Page 8 of 13
Councilmember Stein asked if there is a commitment for prime time ice usage for the figure
skating club. Park and Recreation Director Blank replied the City's policy for prime ice time is
based on the number of youth in the program.
GeorgeAnn Bestler Wenisch, 3850 Minnesota Lake, stated she is opposed to the proposed
facility due to congestion and traffic in the area, and she believes that the City Center should be
something more than a hockey hub. She believes that if there was more notice given to the public
about tonight's meeting, there would be more people in attendance who are opposed to the
project. She stated her biggest concern is the traffic on 37th Avenue. She stated she has
previously complained to the City about traffic enforcement issues, and they haven't been
addressed. She asked what would happen with the trail behind the Ice Center to the Hilde
Performance Center. She also asked who would absorb the cost of issuing revenue bonds and
the hiring extra police officers for traffic control at certain events.
Park and Recreation Director Blank replied the trail behind the Ice Center would be rebuilt.
City Manager Johnson stated the City would do an internal revenue bond issue where the costs
would be avoided in issuing the bonds.
Mayor Johnson asked if this neighborhood could be included in the City's Traffic Calming
Program. Public Works Director Faulkner yes. He added that it appears there is a problem with
traffic issues in this neighborhood regardless of the Ice Center. He stated that staff would work
with the neighborhood.
Greg Baulfield, 4600 Shenandoah Lane, stated he has no children who play hockey so he doesn't
have a direct issue or benefit from a third sheet of ice. However, the third sheet of ice appears to
be a genuine need, as it would remove stress on families. He noted that there is a broader public
appeal other than just from those who play hockey. He stated the Ice Center has been a solid
facility, and the Wayzata Hockey Association has had a strong legacy with the facility at Central
Middle School and their financial commitment.
David Gaither, 16500 4511 Avenue North, stated this just issue isn't just about the Ice Center. He
stated due to the lack of ice time, youth are forced to play at other facilities not located in the
City. He stated Providence Academy and the Wayzata Hockey Association are private
organizations who are willing to fund 70% of the costs of the facility over a period of time that
would make revenue for the City. He stated these types of public/private partnerships would
probably continue in the future.
Franz Eisenbauer, 3960 Orchid Lane, stated he was originally opposed to the project; however,
he isn't as opposed now as no tax dollars are involved. However, he is concerned that the
facility is architecturally pleasing, and if there are over runs, Providence Academy and the
Wayzata Hockey Association share in the costs.
Greg Leinis, 4635 Weston Lane, stated he has children who are hockey players, and his concern
is the financial impact to the community. He stated the real question is if this project is a good
use of park dedication funds. He stated given the use and need and number of participants, he
requested the Council to proceed with this project.
Adopted Council Minutes
Regular Meeting of June 24, 2003
Page 9 of 13
Casey Whelan, 15268 62nd Avenue North, stated he has children who participate in hockey. He
also spoke of the Wayzata Hockey Association's "girls only" program that his daughter
participates in. He stated a third sheet of ice is needed in order expand on the hockey
association's programs.
Roger Rutten, 3794 Yellowstone Lane, stated he cares about the development of youth and
having activities for them to participate in. He stated let the youth skate here, which would keep
the revenue in the community.
Laura Komarek, 14510 44`h Avenue North, stated they view the Ice Center as their second home
as they converse with other players and watch hockey games when they are fmished with their
practices. However, the late night practices aren't practical.
Nicki Haralson agreed that it's very difficult for youth to practice so late.
Luke Komarek, 14510 44"' Avenue North, stated there is a commitment from the Wayzata
Hockey Association for the girls hockey program. He urged the Council to proceed with this
project.
Michael Letich, 4410 Glacier Lane, stated he is a member of the Youth Advisory Council. He
stated sports are a very good activity for the youth. He stated this would be a wonderful
opportunity to expand the facilities for this sport since there is a shortage of ice time.
Cheri Nispel, 14565 41" Avenue North, stated she has three sons who play hockey, and they
have met so many people in the community. She stated she resides off County Road 9, and she
understands the neighborhood concerns. She requested the Council to proceed with this project.
Mayor Johnson noted the correspondence that was received by the Council today from John
Kastner, 3415 Elm Creek Drive, Hamel.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
a Resolution Authorizing the staff to (A) to send RFPs and select an architect for the project; (B)
have architect prepare site plan and preliminary design for the facility and an undated cost for the
facility (soil tests would be necessary to complete this work); (C) City Attorney negotiates
letters of agreement with Providence Academy and Wayzata Hockey Association regarding the
timing of their donations and their rental of ice time at the arena; and (D) City staff works with
traffic issues with the adiacent neighborhoods and users of the facility.
Mayor Johnson offered a friendly amendment to the motion to include item "E" in the
Resolution that a committee be assembled to make sure the design of the facility would be
architecturally pleasing, and staff would aggressively seek parking arrangements with adjacent
businesses before constructing the additional 57 parking spaces in the northwest corner of the
site. This friendly amendment was accepted.
Councilmember Hewitt stated she appreciates the financial commitment from Providence
Academy and the Wayzata Hockey Association. She stated that everyone desires prime ice time,
and that would be an issue. She agreed with Councilmember Bildsoe that park dedication funds
are taxpayer dollars. She stated she realizes that interest rates are very low, but there would still
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Regular Meeting of June 24, 2003
Page 10 of 13
be costs with the internal revenue bond. She stated it would be profitable for the City to keep the
revenue for the use of ice time local. She commented that more hockey tournaments would
bring in more pedestrian traffic for the City Center area. She stated she does respect the
neighborhood's concern with respect to traffic concerns.
Councilmember Slavik stated the Council would still have the opportunity to review the final
costs and the soil testing results before formally approving this project. She offered a friendly
amendment to change item "C" of the Resolution to state, "City Attorney negotiates letters of
agreement with Providence Academy and Wayzata Hockey Association regarding the timing of
their donations and their rental of ice time at the arena and all cost over runs. "
Councilmember Slavik stated she would support putting up barricades to prohibit traffic through
the neighborhoods when there is a major event at the Ice Center. She stated she would support
whatever measures to discourage traffic through the neighborhood. She stressed the importance
of working with the neighborhood on these issues.
Councilmember Stein stated the three concerns that the Council previously had which were the
financing, parking, and impact to the wetland have been addressed. He stated the traffic
congestion would continue to be an issue, but this is an issue throughout the City. He expressed
his gratitude that 70% of the cost would be privately funded. He stated if police officers would
be. hired for large eventg, that cost should be resnnncihility of the users of the faY1lity ire
requested that there be consideration to provide more prime ice time for the figure skating
program.
Councilmember Neset stated he would support the motion even though there are still issues and
details to be worked out.
Councilmember Black stated she would support the motion. She stated there is a need for the
third sheet of ice, but she is more concerned about the long-term use of the facility. She
indicated that the traffic concerns with the neighborhood need to be addressed. She stated this is
a great public/private partnership, and City staff, Providence Academy, and the Wayzata Hockey
Association should be commended for their efforts. She noted that the Ice Center is the best
location to construct the third sheet of ice.
Councilmember Bildsoe stated he agrees with the comments of the Councilmembers. He stated
park dedication funds would be utilized for this facility, and this facility would be considered a
park. He stated this project is also a quality of life issue for the residents of Plymouth. He
thanked Providence Academy and the Wayzata Hockey Association for committing funds to this
project.
Mayor Johnson also thanked Providence Academy and the Wayzata Hockey Association. She
agreed with Councilmember Stein that traffic is an issue throughout the entire City. She stated
she would support the motion, and this is a great collaboration.
The Council voted on the amended main motion and with all members voting in favor, the
motion carried.
The Council took a five-minute break.
Adopted Council Minutes
Regular Meeting of June 24, 2003
Page 11 of 13
7.3) Tobacco Compliance Check Violation Hearing for Smokies, 17405 County Road 6
Lieutenant Goldstein stated this a first time tobacco compliance check violation for Smokies,
17405 County Road 6. He explained the administrative hearing was conducted, and the licensee
requested a hearing with the Council. He noted that at the time of the violation, the licensee
wasn't a member of the Best Practices Program. The licensee has agreed to the presumptive
penalty of a $500 fine, but disagrees with the five-day suspension.
Mayor Johnson opened the public hearing for testimony.
Lieutenant Goldstein stated the violation occurred on November 27, 2002 when an underage
buyer was able to purchase cigarettes. The clerks completed the sale without asking for
identification and age. The clerk plead guilty to a misdemeanor on January 17, 2003 and paid a
300 fine. He reiterated that the licensee agreed to pay the $500 fine but disagreed with the five-
day suspension.
Tarek Elmiligy, stated he was previously the operating manager at this establishment but is now
the new owner. He stated the sale of the business was completed on May 1. He stated he
disagrees with the recommended license suspension, as he would be serving this penalty for the
previous owner.
Councilmember Stein asked Mr. Elmiligy if he was responsible for training the employees on
identification checks. Mr. Elmiligy replied no.
Lieutenant Goldstein stated the City was informed that Mr. Elmiligy was in ownership
agreement during the violation. However, he is unsure of the status of the new corporation at the
present time.
Councilmember Stein asked if there would be another compliance check violation, would it be
the second violation. Lieutenant Goldstein replied yes.
There being no one else wishing to appear before the Council, Mayor Johnson declared the
public hearing closed.
Motion was made by Councilmember Stein, and seconded by Councilmember Black to adopt a
Resolution Imposing a Civil Penalty Against Smokies for Tobacco Compliance Check Violation
500 fine with five-day suspension to be served over a 60 -day period) (Res2003-287).
Councilmember Slavik stated she wouldn't support the motion as the penalties are in place for a
reason.
Mayor Johnson agreed with Councilmember Slavik.
The Council voted on the motion and with all members voting in favor but Slavik, Bildsoe, and
Johnson, the motion carried.
General Business
Adopted Council Minutes
Regular Meeting of June 24, 2003
Page 12 of 13
8.1) Tobacco License Approval for Franks Merland Peli, Inc. d/b/a Smokies 2000, 17405
Co. Rd. 6 #100
Police Chief Gerdes stated if the proposed licensee isn't Franks Merland Peli, Inc., than staff
must receive a new application. Therefore, he requested clarification from the applicant.
Mr. Elmiligy stated he would be participating in the Best Practices Program.
City Attorney Knutson suggested that the applicant provide a copy of the articles of corporation
prior to the issuance of the license.
Motion was made by Councilmember Bildsoe and seconded by Councilmember Hewittto adopt
a Resolution Approving Tobacco License for Franks Merland Peli. Inc. d/b/a Smokies 2000
17405 County Road 6. #100, with the condition that articles of incorporation be provided to the
City prior to the issuance of the license. With all members voting in favor, the motion carried.
Renorts and Staff Recommendations
9.1) Update on Issues Concerning Access to Glacier Vista
Public Works Director Faulkner discussed issues relating to the Glacier Vista development. He
stated this development was constructed by Nedegaard Construction (lying between The Reserve
and the east shore of Pomerleau Lake). The land for development was assembled from several
existing single-family homes, which were located on a private drive extending from Juneau
Lane. He stated there is only one access to Glacier Vista, from Cheshire Lane in The Reserve.
When the City approved the project, it was with the condition that the developer either negotiates
rights for an emergency access over the private drive, or install sprinklers in the new homes. The
developer and staff met with the landowners controlling the private drive to discuss the
emergency access. However, they were not willing to allow the access and the City could not
require them to allow it because it is a private drive.
He stated in December 2002, the City's Building Official sent formal notice to all agencies that
addresses of the existing homes on the new public street in Glacier Vista would be officially
changed form Juneau Lane to new numbers on Glacier Lane on June 1, 2003. He noted Arnold
Palmer voiced his concern when obstacles were put in place to prevent access from the private
drive (Juneau) this spring. They were concerned that they could no longer use the private drive,
and that they now had to take a circuitous route through The Reserve to travel to their home.
They noted that they were still receiving their mail in a box on Juneau Lane. They were also
concerned that emergency vehicles would not be able to locate their home and might not be able
to reach them because of construction and model home traffic on the roads leading to Glacier
Lane.
Police Chief Gerdes spoke of the security lock on Yucca Lane. If Cheshire Lane would be
closed, then the police would open the gate.
Adopted Council Minutes
Regular Meeting of June 24, 2003
Page 13 of 13
Mayor Johnson stated one of the biggest challenges is trying to travel through Cheshire Lane due
to the construction vehicles. She asked how the City is communicating with the contractor and
developer. Public Works Director Faulkner stated there are "no parking" signs displayed on
Cheshire Lane, and this regulation would be enforced. However, staff would notify the
contractor of this concern.
Dean Barkley representing the Palmers, provided photographs of Cheshire Lane being blocked.
He stated if a car is parked along Cheshire Lane, an emergency vehicle wouldn't be able to get
through as the road is only 12' wide. He noted the private easement agreement between the
Palmers and Mr. Nedergard, and they believe that Mr. Nedergard has violated the easement
agreement. He stated the Palmers are concerned about emergency vehicles having access to the
Glacier Vista development. He stated a berm was constructed, and that berm should be removed
in order that emergency vehicles can get through. He believes the City has the legal right to have
that road opened up according to the easement agreement.
Arnold Palmer stated there was a dispute between the Engstroms and the developer, and Ms.
Engstrom constructed a berm on their property. He stated with a section of Cheshire Lane being
closed, one should utilize Yucca Lane, but that road is difficult to find.
City Attorney Knutson stated that he would review the easement documents to determine
whether the City accepted the easement for the private road. He stated he would contact Mr.
Barkley after reviewing the documents.
Adiournment
Mayor Johnson adjourned the meeting at 10:57 p.m.
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Sandra R. Paulson, City Clerk