HomeMy WebLinkAboutCity Council Minutes 11-14-1995MINUTES
REGULAR COUNCIL MEETING
NOVEMBER 14, 1995
A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at
7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on
November 14, 1995.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Lymangood, Granath, Edson,
Anderson, and Wold.
ABSENT: Councilmember Helliwell.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public
Works Director Moore, Community Development Director Hurlburt, Public Safety
Director Gerdes, Police Lieutenant Twaddle, Park Director Blank, Finance Director Hahn,
City Attorney Knutson, and City Clerk Ahrens.
ITEM 3 PLYMOUTH FORUM
Ed Sieber, 11792 Dunhill Road, Eden Prairie, represented Johnson Brothers
Corporation regarding a parcel involved in the open space acquisition. Mr. Sieber
stated that Johnson Brothers has had four possible purchase agreements in the last
year on this parcel. However, disclosure is required, and Johnson Brothers has
had to advise potential buyers that the City may have an interest in acquisition of
the parcel for open space purposes.
Mr. Sieber stated that in the last few months, Johnson Brothers has heard little
from the City. On September 19, Johnson Brothers sent a letter to the City asking
for a decision. The City Attorney sent a proposal to Johnson Brothers offering to
purchase the parcel for $100,000. Mr. Sieber stated that this parcel was appraised
by the City at $651,000 earlier this year. On October 19, Mr. Michaels from
Johnson Brothers responded to the City that the amount was unacceptable. Mr.
Sieber has recommended to Johnson Brothers that their best approach is to accept
an offer of $500,000 and a time payment plan. He stated that Johnson Brothers is
anxious for a response from the City.
City Manager Johnson stated the City Council is scheduled to discuss this item in a
future study session. Staff is recommending that a study session be held for this
purpose on November 27.
Sally Stewart, 1440 S.W. 20th Street, Boca Raton, Florida, stated that she owns
property contiguous to the Johnson Brothers parcel. She has written several
letters to the City on the status of negotiations and has received no response. Ms.
Stewart stated that they are unable to sell their property as long as the City may be
interested in purchasing it. She stated that she understands that the bond
referendum for open space acquisition passed several months ago and that all of
the money received from the referendum has been spent. She requested that her
property either be purchased by the City or that the City provide a letter indicating
that the City is no longer interested in acquisition of the parcel. She is interested in
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November 14, 1995
Page 2
having her parcel developed in an environmentally sensitive manner and would
appreciate a response as soon as possible.
Manager Johnson stated that it is untrue that all of the money from the open space
referendum has been spent.
Councilmember Lymangood stated that there are three affected properties in this
area. He requested that staff notify the three property owners of the upcoming
study session.
ITEM 4 PRESENTATIONS
Public Safety Director Gerdes introduced new police officers Jay Lonien, Todd
Ewing, and Jeff Boller. Clerk Ahrens administered the oaths of office.
Manager Johnson announced that Craig Gerdes has been appointed by the
Governor to the State Police Officers Standards and Training Board.
ITEM 5 APPROVE AGENDA
Mayor Tierney requested that a report on the City Manager's evaluation be added
to the agenda as item 9-A. Councilmember Lymangood requested that an item be
added to the agenda relating to a letter sent to Ms. Symchyk regarding northwest
Plymouth planning.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to approve the agenda as amended. Motion carried, six ayes.
ITEM 6 CONSENT AGENDA
Items 6-I, 6-S, and 6-R were removed from the consent agenda. Manager Johnson
reported that Item 6 -AA relates to an appointment to the Housing and
Redevelopment Authority. He clarified that the term of office would be through
January 31, 1997, and the individual would be replacing Thomas Rugh on the
HRA. This item remained on the consent agenda.
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt the Consent Agenda as amended. Motion carried, six ayes.
ITEM 6-A APPROVE DISBURSEMENTS
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-668 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING NOVEMBER 3, 1995. Motion carried, six ayes.
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November 14, 1995
Page 3
ITEM 6-B APPROVE 1996 COMMUNITY DEVELOPMENT BLOCK GRANT
CDBG) FUNDING ALLOCATION
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95- 669 AUTHORIZING SUBMISSION
OF THE CITY OF PLYMOUTH'S APPLICATION TO THE US
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDING FOR FISCAL YEAR 1996 AND ADOPTING THE 1996
ACTION PLAN COMPONENT OF THE CITY'S CONSOLIDATED PLAN.
Motion carried, six ayes.
ITEM 6-C NEDEGAARD CUSTOM HOMES. LOT DIVISION/
CONSOLIDATION (95099)
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-670 APPROVING LOT
DIVISION/LOT CONSOLIDATION FOR NEDEGAARD
CONSTRUCTION, INCORPORATED, FOR PROPERTY LOCATED AT
LOTS 1-4, BLOCK 1, COURTYARDS OF FRENCH CREEK (RPUD 92-6)
95099). Motion carried, six ayes.
ITEM 6-D WESTON CORPORATION. APPROVE FINAL PLAN/PLAT FOR
NANTERRE DEVELOPMENT (94093F)
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-671 APPROVING RPUD FINAL
PLAN/PLAT AND DEVELOPMENT CONTRACT FOR WESTON,
HILLOWAY CORPORATION AND MOEN LEUER CONSTRUCTION
LOCATED WEST OF VICKSBURG LANE AT SCHMIDT LAKE ROAD
94093). Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-672 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 534, SANITARY SEWER AND WATERMAIN
AREA, NANTERRE. Motion carried, six ayes.
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November 14, 1995
Page 4
ITEM 6-E KINDER CARE LEARNING CENTERS, INCORPORATED, CHILD
CARE CENTER, (95088)
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-673 APPROVING A PUD
PRELIMINARY PLAN AMENDMENT, PUD FINAL PLAN AND
CONDITIONAL USE PERMIT FOR KINDER CARE LEARNING
CENTERS, INC., FOR PROPERTY LOCATED WEST OF PLYMOUTH
BOULEVARD AND SOUTH OF ROCKFORD ROAD (95088) (MPUD 78-
2). Motion carried, six ayes.
ITEM 6-F JANCO, INC. FINAL PLAT FOR ROCKFORD GLEN 2ND
ADDITION (95114)
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-674 APPROVING RPUD FINAL
PLAT FOR JANCO, INC., FOR ROCKFORD GLEN 2ND ADDITION
LOCATED AT THE SOUTHEAST CORNER OF OLD ROCKFORD
ROAD AND PEONY LANE (95114). Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-675 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 536, SANITARY SEWER AND WATERMAIN
AREAS, ROCKFORD GLEN 2ND ADDITION. Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-676 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 535, SANITARY SEWER AND WATERMAIN
AREA, ROCKFORD GLEN. Motion carried, six ayes.
ITEM 6-G LDK BUILDERS, INC. AMENDMENTS OF THE PUD PLAN AND
CONDITIONAL USE PERMIT FOR FRENCH RIDGE PARK ADDITION (95108)
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-677 APPROVING AMENDED
RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR LDK BUILDERS, INC., FOR BLOCK
2, FRENCH RIDGE PARK ADDITION (RPUD-95-2)(95108). Motion
carried, six ayes.
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November 14, 1995
Page 5
ITEM 6-H APPROVE RELEASE OF TREE PRESERVATION BONDS
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-678 RELEASING SITE
PERFORMANCE GUARANTEE FOR TREE PRESERVATION,
INVERNESS ADDITION (94028). Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-679 RELEASING SITE
PERFORMANCE GUARANTEE FOR TREE PRESERVATION,
ABINGDON DEVELOPMENT CORPORATION (94135). Motion carried,
six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-680 RELEASING SITE
PERFORMANCE GUARANTEE FOR TREE PRESERVATION, ORRIN
THOMPSON HOMES (94045-94046). Motion carried, six ayes.
ITEM 64 GRANT AGREEMENT FOR CADET APPRENTICESHIP
PROGRAM
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to authorize the City Manager and Director of Public Safety to enter into
a grant for the third year of its Cadet Apprenticeship Program (CAP) with the
Juvenile Justice Advisory Committee. Motion carried, six ayes.
ITEM 6-K ESTABLISH NOVEMBER 27 AS A SPECIAL COUNCIL MEETING
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to establish a Special Council Meeting at 7:00 P.M. on Monday,
November 27, in the City Council Chambers to review the following topics: draft
housing goals agreement, recreational sports facilities report, and open space
negotiations. Motion carried, six ayes.
ITEM 6-L ORDINANCE AMENDING REGULATIONS FOR TARGET OR
TRAP SHOOTING ACTIVITIES
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt ORDINANCE 95-51 RELATING TO LICENSING OF
TARGET OR TRAP SHOOTING ACTIVITIES, AMENDING CITY CODE
SECTION 930.03. Motion carried, six ayes.
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November 14, 1995
Page 6
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-681 AUTHORIZING THE CITY TO
SHARE IN THE COST OF THE INITIAL ENVIRONMENTAL AUDIT OF
THE PLYMOUTH GUN CLUB SITE WITH THE PLYMOUTH GUN
CLUB WITH THE AMOUNT NOT TO EXCEED $800. Motion carried, six
ayes.
ITEM 6-M SUPPORT NO HENNEPIN COUNTY FUNDING REDUCTIONS
FOR NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-682 SUPPORTING NO HENNEPIN
COUNTY FUNDING REDUCTIONS FOR THE NORTHWEST
HENNEPIN HUMAN SERVICES COUNCIL BUDGET. Motion carried, six
ayes.
ITEM 6-N THOMAS AND GERDA TRAINER. LOT DIVISION FOR 13240
SUNSET TRAIL (95107)
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-683 APPROVING LOT DIVISION
FOR THOMAS AND GERDA TRAINER FOR PROPERTY LOCATED AT
13240 SUNSET TRAIL (95107). Motion carried, six ayes.
ITEM 6-0 ORDER STREET LIGHTING IMPROVEMENTS
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-684 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING, THE PONDS AT BASS CREEK 2ND ADDITION. Motion
carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-685 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING, THE PONDS AT BASS
CREEK 2ND ADDITION. Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-686 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING, SHORES OF KREATZ LAKE. Motion carried, six ayes.
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November 14, 1995
Page 7
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-687 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING, SHORES OF KREATZ
LAKE. Motion carried, six ayes.
ITEM 6-P AUTHORIZE SPECIAL ASSESSMENT AGREEMENT FOR
EASEMENTS ON THE LEUER PROPERTY FOR PEONY LANE
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-688 AUTHORIZING THE
APPLICATION OF FUTURE SPECIAL ASSESSMENTS TOWARD THE
PURCHASE OF THE NECESSARY EASEMENTS FOR CITY PROJECTS
502 AND 503. Motion carried, six ayes.
ITEM 6-0 AUTHORIZE GRANT AGREEMENT FOR BADGES IN BUSINESS
PROGRAM
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-689 AUTHORIZATION TO ENTER
INTO GRANT AGREEMENT WITH THE STATE OF MINNESOTA TO
RUN THE BADGES IN BUSINESS PROGRAM IN PLYMOUTH IN AN
ATTEMPT TO REDUCE UNDERAGE ACCESS TO ALCOHOLIC
BEVERAGES. Motion carried, six ayes.
ITEM 6-T FINAL PAYMENT FOR 1995 SEAL COAT PROGRAM
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-690 REQUEST FOR PAYMENT
NUMBER 2 AND THE FINAL, 1995 SEAL COAT PROGRAM. Motion
carried, six ayes.
ITEM 6-U ORDER PRELIMINARY ENGINEERING REPORT FOR
HUGHSTON ADDITION UTILITIES
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-691 RECEIVING PETITION AND
ORDERING PREPARATION OF PRELIMINARY REPORT, HUGHSTON
ADDITION AND ADJACENT AREA NORTH OF HIGHWAY 55, STREET
AND UTILITY IMPROVEMENTS, CITY PROJECT NUMBER 537.
Motion carried, six ayes.
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November 14, 1995
Page 8
ITEM 6-V APPROVE PURCHASE OF TRAILER MOUNTED GENERATOR
FOR SEWER AND WATER DIVISION
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-692 APPROVAL OF ONE TRAILER -
MOUNTED STANDBY GENERATOR SET. Motion carried, six ayes.
ITEM 6-W AUTHORIZE PREPARATION OF EMERGENCY PREPAREDNESS
PLAN AND CONSERVATION PLAN FOR WATER SUPPLY SYSTEM
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-693 APPROVE CONSULTANT FOR
EMERGENCY PREPAREDNESS AND CONSERVATION PLAN, WATER
SUPPLY SYSTEM. Motion carried, six ayes.
ITEM 6-X REDUCTION OF DEVELOPMENT CONTRACT FINANCIAL
GUARANTEES
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-694 REDUCING REQUIRED
FINANCIAL GUARANTEE, STEEPLECHASE STH ADDITION (90068).
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-695 REDUCING REQUIRED
FINANCIAL GUARANTEE, WALNUT GROVE POND ADDITION
94100). Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-696 REDUCING REQUIRED
FINANCIAL GUARANTEE, AUTUMN HILLS ADDITION (92060).
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-697 REDUCING REQUIRED
FINANCIAL GUARANTEE, QUAIL HOLLOW ADDITION (93134).
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-698 REDUCING REQUIRED
FINANCIAL GUARANTEE, FORSTER PRESERVE PLAT 2 (94057).
Motion carried, six ayes.
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November 14, 1995
Page 9
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-699 REDUCING REQUIRED
FINANCIAL GUARANTEE, NANTERRE ADDITION (94093). Motion
carried, six ayes.
ITEM 6-Y APPROVE ALL -WAY STOP AT VICKSBURG LANE/ROCKFORD
ROAD AND 26TH AVENUE/MEDICINE RIDGE ROAD
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-700 INSTALLATION OF VARIOUS
STOP SIGNS. Motion carried, six ayes.
ITEM 6-Z APPROVE MEMBERSHIP IN SUBURBAN TRANSIT
ASSOCIATION
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-701 AUTHORIZING MEMBERSHIP
IN SUBURBAN TRANSIT ASSOCIATION. Motion carried, six ayes.
ITEM 6 -AA APPOINTMENT TO HOUSING AND REDEVELOPMENT
AUTHORITY
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 95-702 APPOINTING PATRICK
PELSTRING TO FILL THE VACANCY ON THE PLYMOUTH HOUSING
AND REDEVELOPMENT AUTHORITY FOR THE TERM TO EXPIRE
JANUARY 31, 1997. Motion carried, six ayes.
ITEM 7-A HEARING TO CONSIDER LIQUOR LAW VIOLATION FOR
GAULRAPP' S LIQUOR. INC.
Public Safety Director Gerdes stated on February 21, 1995, a letter was sent to all
on and off sale liquor establishments within the city notifying them that the Police
Department would be involved in a liquor law sales violation project during the
month of March. Gaulrapp's Liquor Store received a copy of this letter via return
receipt requested mail which was signed for by James Gaulrapp.
On March 28, 1995, a 20 -year-old member of the Plymouth Police Reserves
working with Police Department members purchased alcohol in Gaulrapp's Liquor
Store. The sales clerk appeared in court on July 27, and pled guilty to gross
misdemeanor procuring alcohol for minors. Charges were continued for one year
with no same or similar violations and $200 costs were imposed by the judge.
Director Gerdes stated that this is the second recorded offense of underage sale
acted on by the Council at this establishment. The first incident occurred on
June 7, 1989. He stated that information from this incident shows that the minor
Regular Council Meeting
November 14, 1995
Page 10
had used a falsified identification card in order to purchase the alcohol. The
Council imposed a $1,000 fine for that violation which was stayed conditional on
no same or similar violations for 12 months, and payment of a $500 fine. Director
Gerdes stated that a review of the record shows a possible violation prior to 1988;
however, there is no documentation of the violation going before the Council.
Director Gerdes recommended that a civil fine of $1,500 and a 20 -day suspension
of the liquor license be imposed for the liquor law violation occurring on
March 28, 1995. He further recommended that 18 days of the license suspension
be stayed for 12 months, leaving two days to be served at the City's direction. If
no same or similar violations occur during the next 12 months, the stayed
suspension would be waived. If another violation occurs within the 12 month
period, the Council would automatically impose the suspension as well as establish
a hearing for the additional violation and possible additional sanctions.
Mayor Tierney opened the public hearing to consider the suspension, revocation,
or other action relating to the liquor law violation occurring on March 28, 1995,
for Gaulrapp's Liquor, Inc., 3435 North Highway 169. No one appeared, and the
hearing was closed.
Councilmember Granath asked how the dates of suspension would be determined.
Public Safety Director Gerdes responded that if the Council directs a suspension to
occur, the Public Safety Department would establish those dates and notify the
owner.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, that a civil fine of $1,500 and a 20 -day suspension of the liquor
license for Gaulrapp's Liquor, Inc., 3435 North Highway 169, be imposed.
Eighteen days of the license suspension would be stayed for 12 months, leaving
two days to be served at the direction of the Public Safety Director. If no same or
similar violations occur during the 12 months, the stayed suspension would be
waived. If another violation occurs within the 12 -month period, the Council
would automatically impose the suspension as well as establish a hearing for the
additional violation and possible additional sanctions. Motion carried, six ayes.
ITEM 7-B HEARING TO CONSIDER LIQUOR LAW VIOLATION FOR
ASHBECK-GUTH, INC., COLONY LIQUOR
Public Safety Director Gerdes stated on February 21, 1995, a letter was sent to all
on and off sale liquor establishments within the city notifying them that the Police
Department would be involved in a liquor law sales violation project during the
month of March. Colony Liquor Store received a copy of this letter via return
receipt requested mail which was signed for by Robert Guth. On March 25, 1995,
a 20 -year-old member of the Plymouth Police Reserves working with Police
Department members, purchased alcohol in Colony Liquor Store from the owner
Robert Guth. Mr. Guth appeared in court on August 11, and pleaded guilty to
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November 14, 1995
Page 11
gross misdemeanor procuring alcohol for minors. Charges were continued for
dismissal for one year with no same or similar violations and $100 prosecution
costs were imposed by the judge.
Public Safety Director Gerdes stated that Colony Liquors license was issued
May 2, 1983. On May 13, 1988 they had a recorded offense of sale to a minor.
The City Council imposed a penalty in the amount of a $1,000 fine which was
stayed conditional on no same or similar violations in the next 12 months, as well
as payment of a $500 contribution to a chemical abuse prevention program. A
review of the records shows a possible violation prior to 1988, however there is no
documentation of the violation going before the Council.
Public Safety Director Gerdes recommended that because of the owner's direct
involvement in this sale, a civil fine of $2,000 and 20 -day suspension of the liquor
license be imposed. He further recommended that 18 days of the license
suspension be stayed for 12 months, leaving two days to be served at the City's
direction. If no same or similar violations occur during the 12 months, the
suspension would be waived. If another violation occurs within the 12 -month
period, the Council would automatically impose the suspension as well as establish
a hearing for the additional violation and possible additional sanctions.
Mayor Tierney opened the public hearing to consider the suspension, revocation,
or other action for the liquor law violation for Ashbeck-Guth, Inc., Colony Liquor,
15705 35th Avenue North.
Robert Guth, 2925 Holly Lane, apologized for the incident. He said there were
extenuating circumstances as he was alone at the store that night. The previous
month he had suffered a heart attack, and on the night of the violation he was
tired, on medication, and made a mistake.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to impose a civil fine of $2,000 and a 20 -day suspension of the liquor
license for Ashbeck-Guth, Inc., Colony Liquor, 15705 35th Avenue North.
Eighteen days of the license suspension would be stayed for 12 months, leaving
two days to be served at the direction of the Public Safety Director. If no same or
similar violations occur during the 12 months, the stayed suspension would be
waived. If another violation occurs within the 12 -month period, the Council
would automatically impose the suspension as well as establish a hearing for the
additional violation and possible additional sanctions. Motion carried, five ayes,
Granath nay.
It was clarified that it is the discretion of the Public Safety Director to return to the
Council with a recommendation to reduce the time of the stayed suspension if the
establishments adequately cooperate with the Police Department in efforts to
eliminate underage sale of liquor to minors.
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November 14, 1995
Page 12
ITEM 7-C MODIFICATION TO TAX INCREMENT DEVELOPMENT
DISTRICT NO. 7
Finance Director Hahn reported that staff has reviewed the projects within the
City's Tax Increment Financing Plan. He recommended that the plan be revised
and the tax increment boundaries of Development District 7 be expanded. He
stated the proposed modifications are being recommended to remove projects that
are not likely to be completed in the near future, and to provide financing for
various projects that have moved up in priority such as the Peony Lane
Improvements.
Mayor Tierney opened the public hearing in modification to Tax Increment
Development District Number 7. No one appeared, and the hearing was closed.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 95-703 APPROVING AMENDMENT TO
DEVELOPMENT DISTRICT NUMBER 7 AND APPROVING
AMENDMENTS TO THE TAX INCREMENT FINANCING PLANS FOR
TAX INCREMENT FINANCING DISTRICTS NOS. 1-3,1-4,1-5,2-1,3-1,
3-2, 3-3, 4-1, 4-2, 4-3, 5-1, 6-1, AND 7-1. Motion carried, six ayes.
ITEM 8-A (6-1) NORTHWEST PLYMOUTH PLANNING AND
PARTICIPATION IN LIVABLE COMMUNITIES PROGRAM
Councilmember Lymangood referenced a letter sent to Janice Symchych regarding
the status of northwest Plymouth planning. He has had some interaction with
northwest Plymouth residents, who are concerned about improving their
communication channels with the City. He suggested that a subcommittee be
established to work on communication issues relating to northwest Plymouth
planning.
Manager Johnson stated that staff would welcome a subcommittee to assist with
communication on this issue. He stated the City is still gathering baseline
information with the Metropolitan Council and won't be ready to discuss
alternatives until late spring. However, residents should be kept abreast of the
status of the planning process.
Councilmember Anderson stated that residents should have a voice in the process.
He would like the Council to delay a decision on the Livable Communities
program until the Council decides on a communication process. He volunteered to
serve on a subcommittee to work on this issue.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to establish a subcommittee consisting of Councilmembers Anderson and
Granath and Mayor Tierney to work on communication issues relative to
northwest Plymouth.
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November 14, 1995
Page 13
Councilmember Edson stated that it may be useful to have additional members on
the subcommittee, as well as involving citizens in a focus group. Community
Development Director Hurlburt added that a Planning Commissioner could also
serve on the subcommittee.
Councilmember Anderson withdrew his motion.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to direct staff to recommend composition of a task force to work on
communication issues regarding northwest Plymouth planning. Motion carried, six
ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 95-704 ELECTING TO PARTICIPATE IN
THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER
THE METROPOLITAN LIVABLE COMMUNITIES ACT DURING
CALENDAR YEAR 1996. Motion carried, six ayes.
ITEM 8-B (6-R) CONTINUATION OF SUMP PUMP INSPECTION PROGRAM
Councilmember Lymangood stated that he had communicated with staff on several
issues relating to continuation of the sump pump inspection program. He asked
staff to review those issues. Finance Director Hahn stated that in the first phase of
the sump pump inspection program, 88 homes were found discharging into the
sanitary sewer system. He said that the approximate cost per year for 88 homes
discharging into the sanitary sewer system is $40,551. The City will also
experience reductions in hours of pumping time equating to $60,394 annually. He
stated that the projected savings, if the sump pump program is continued for the
entire city, is estimated at $436,630 per year. He said that the first phase of the
program cost the City $38,100. The second phase is estimated to cost $143,000.
He said that the consultants could complete inspections and correction of sump
pump connections in the entire city for less than $436,000. In other words, the
City could get a complete payback for the program in one year's time.
Councilmember Lymangood stated that 931 homes have already been inspected
under Phase 1. This proposal would inspect an additional 5,000 homes. He asked
if 7,500 homes could be inspected in order to complete half the City in the first
year. Councilmember Edson asked if Phase 2 would be targeting older homes in
the city.
Finance Director Hahn stated that the inspections during the first phase were
determined by reviewing water and sewer records and trying to track where the
largest increases in pumping occurred during large rainfalls. During the second
phase inspections would be conducted in a more orderly manner through the city.
Regular Council Meeting
November 14, 1995
Page 14
Dale Tranter, MSA Consulting, stated there is a cost advantage to the City in
continuing the inspections through the winter months. He stated that his firm
could inspect another 7,500 homes by May 31.
Finance Director Hahn stated that the quotation for the Phase 2 inspections is $24
for the initial inspection, and $43 for reinspection. There are additional costs for
public notification.
Mr. Tranter said that MSA Consulting would be willing to inspect as many homes
as practical through May 31 for that quoted price.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-705 AWARDING THE CONTRACT
TO MSA CONSULTING ENGINEERS FOR A CONTINUATION OF THE
SUMP PUMP INSPECTION PROGRAM, APPROVING AN INITIAL
INSPECTION RATE OF $24, A REINSPECTION RATE OF $43, NOT TO
EXCEED 10,000 HOMES, AND NOT TO EXCEED $3,250 FOR PUBLIC
NOTIFICATION. THESE AMOUNTS WOULD BE VALID FOR
INSPECTIONS INITIATED BY APRIL 30, 1996. Motion carried, six ayes.
ITEM 9-A CITY MANAGER'S EVALUATION
Mayor Tierney reported that the City Council met in closed session earlier this
evening to conduct the City Manager's performance evaluation. She stated that
areas relating to policy, planning, fiscal management, Councilmember relations,
and communications were rated very high, with areas relating to personnel and
supervision issues rated slightly lower. She concluded that the City Council
ratings of the City Manager were strong across the board.
ITEM 9-B (6-S) RECEIVE FINANCIAL TREND REPORT
Finance Director Hahn briefly summarized the results of the City's financial trend
report. He stated that revenues per capita are decreasing and the City may not be
able to maintain existing service levels. However the expenditures per capita are
also decreasing. He stated that the financial trend report is very positive, and
reminded the Council that these are merely indicators that the City should watch in
the future. He stated that staff is looking at issues such as the future projected
decreases in building permit revenue, user charges, and enterprise fees. He stated
that the financial trend report indicates that the City can provide service for 1996
at current levels.
MOTION was made by Mayor Tierney, seconded by Councilmember Wold, to
accept the financial trend report. Motion carried, six ayes.
Regular Council Meeting
November 14, 1995
Page 15
ITEM 6-M SUPPORT NO HENNEPIN COUNTY FUNDING REDUCTIONS
FOR THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to reconsider Item 6-M, support no Hennepin County funding
reductions for the Northwest Hennepin Human Services Council budget.
Councilmember Lymangood stated that he is requesting reconsideration of this
item in order that he can record a "no" vote.
Motion carried, five ayes, Wold nay.
MOTION was made by Mayor Tierney, seconded by Councilmember Wold, to
adopt RESOLUTION 95-682 SUPPORT NO HENNEPIN COUNTY
FUNDING REDUCTIONS FOR THE NORTHWEST HENNEPIN HUMAN
SERVICES COUNCIL BUDGET. Motion carried, five ayes, Lymangood nay.
MOTION was made by Councilmember Edson, seconded by Councilmember Wold, to
adjourn the meeting at 8:10 p.m. Motion carried, six ayes.
Zd
La rie F. Ahrens
City Clerk