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HomeMy Public PortalAbout03/16/99 CCM49 MEDINA CITY COUNCIL MEETING MINUTES OF MARCH 16, 1999 The City Council of Medina, Minnesota met in regular session on March 16, 1999 at 7:30 p.m. in the City Hall Chambers. Mayor John Ferris presided. Members present: Ferris, Zietlow, Hamilton, Johnson, and Smith. Members absent: None. Also present: Police Chief Ed Belland, Attorney Ron Batty, Public Works Director Jim Dillman, and City Clerk -Treasurer Paul Robinson. 1. Additions to the Agenda A. Final Plat for Covey Run Addition (Gubbins Plat). B. Letter from the Planning Commission to Hennepin County. Moved by Jim Johnson, seconded by Phil Zietlow, to approve the agenda as amended. Motion passed unanimously. 2. Approval of the Minutes from March 2, 1999 Regular City Council Meeting Added the word "to" after "how" in the second sentence of the last paragraph, page 1. Moved by John Hamilton, seconded by Carolyn Smith, to approve the minutes of March 2,1999 as amended. Motion passed unanimously. 3. Ceremonial Matters — Swearing in of Officer James Nystrom John Ferris performed the oath of office for Officer James Nystrom. James Nystrom was inducted as a member of the Medina Police Department. 4. Comments from Residents in Attendance on Items Not on the Agenda There were none. 5. Park Commission Comments There were none. 6. Planning Commission Comments There were none. 7. Hearing on North American Liquor License Violation Ron Batty pointed out that this was not a hearing but a request from North American Liquors to appeal the council's fine of $2,000 for their liquor license violation. Joe Francis said he and Brad Brozek, the manager of the liquor store, were also upset that this violation occurred. He said this was his first violation in 10 years of conducting business. He said this was embarrassing for him, especially since he does not stand for this type of activity. He said they were concerned that the council imposed the maximum fine on this first violation, especially since the person who provided the alcohol to the minors was stealing from the liquor store. He asked the city council to reconsider the penalty and he wanted to share with the council the events that led up to this employee's termination. Brad Brozek said on February 2nd an employee of theirs, who worked at the Holiday station in Rockford, was fired for stealing. This employee was a friend of the liquor store employee. At the time his friend was fired they basically thought the liquor store employee was guilty by association. Therefore, they warned him about stealing. Brozek said he regularly reviews the surveillance tapes Medina City Council Meeting Minutes March 16, 1999 50 that film all activity at the liquor store. He said, up to this point, they had never noticed that the employee was stealing from the store. Joe Francis said employees were not supposed to be able to open the back door to the liquor store. He said after this incident they realized the key for the bathroom also opened the back door. Francis said they were surprised the same key worked on both locks since they were made by separate companies. He said this made it possible for the employee to pass liquor out the back door. Brozek said the sheriff warned them on February 9th that they would be conducting compliance checks in the area. At that point he reminded all employees to check for identification and not to sell to minors. Brozek explained how the employee stole from the store. He said the employee hid liquor in his pants and jacket and gave it to his friends out the back door. John Ferris asked why they had not seen him do that before. Joe Francis explained that Brad regularly reviews the surveillance tapes, however, on this particular evening Brad left on vacation at 9:30 p.m. and the violation occurred on 9:50 p.m. after he had left for vacation. Joe Francis said he showed the tape to the Medina Police Department, which clearly showed the employee taking liquor out the back door. Carolyn Smith asked what process North American Liquors used when hiring new employees. Brad Brozek said they check the references listed on the application and call current and past employers. Carolyn Smith asked if they had ever done background checks. Brad Brozek said that until now they had not, but now they are working with the Medina Police Department to complete background checks on any new employees hired. Phil Zietlow asked when this employee was hired. Brad Brozek said on September 1, 1998. Carolyn Smith asked about a previous incident at North American Liquors where a fake I.D. was used to purchase alcohol. Ed Belland said previously a minor used false I.D. at North American Liquors to purchase alcohol, however, the liquor store was not made aware of this violation. Scott Kroeger, the arresting officer, thought the employee would tell the boss. Carolyn Smith asked how the Police Department found out about the violation. Ed Belland said that Officer Kroeger pulled the minor over and asked him for his license. When he ran the license there were warrants for his arrest. When Officer Kroeger told the minor this, the minor told him it was not his driver's license. Phil Zietlow asked what his(the employee who stole from the store) status was. Medina City Council Meeting Minutes March 16, 1999 51 Joe Francis said he was terminated the night of the arrest. Joe Francis said he told the officer to "throw the book at him". Ed Belland said they proceeded to charge the employee with providing liquor to minors, which is a gross misdemeanor charge, and with theft, which is a misdemeanor charge. Phil Zietlow asked about the other warrants on this employee. Ed Belland said yes, there were three theft warrants in the City of Minnetonka. There was some discussion about the fine. John Hamilton said since Mr. Francis has had a clean record for the past 10 years, he proposed, the city council impose a $2,000 fine yet delay $1,500 of the fine for one year and if no same or similar violations occur within that year the city would withdraw that portion of the fine. In addition he would require a refresher -training course for the employees and managers on selling to minors. There was some discussion about the current training practices at North American Liquors. Brad Brozek said currently employees are required to read a brochure on selling to minors and once they have read this brochure, they take an exam and sign a document saying they will not sell to minors. Carolyn Smith mentioned the availability of more extensive training courses. She said there are trainers that provide hands on training, a 90 minute course costs around $200. There was some discussion about other possibilities for training. Joe Francis said it would be difficult and expensive for them to hire a trainer since part-time help is hard to find and there is a significant amount of turnover. However, they will take additional steps in training and have already made additions to their training program. Jim Johnson said that the employee stealing from the store was the store's business, but the violation of the liquor license was city's business. He said the city considers this a very serious offense, especially since Wayzata High School is in such close proximity to the liquor store. He said as soon as kids find out it is okay to purchase alcohol nearby, it will spread like wildfire and there will be a number of minors showing up at the store to purchase alcohol. That is why the city council imposed a $2,000 fine. Not only to send a message to the store but also to send a message to all concerned that Medina is not a place where minors can purchase alcohol. There was some additional discussion about training and background checks. John Ferris said that the mitigating issue here, as far as he was concerned, was that the employer warned the employee and did discuss the implications of selling to minors. His actions were monitored by the store manager in person and on tape. However, one night, the night the manager went on vacation, this minor decided to give liquor out the back door to his friends. Ferris said that it looked like the employer made a reasonable effort to stop this. He said he would consider the alternative raised by John Hamilton. There was some additional discussion about what type of training program North American Liquors would be required to implement. Medina City Council Meeting Minutes March 16, 1999 52 Carolyn Smith said that whatever the training program is they should have it reviewed and approved by the police department. Moved by John Hamilton, seconded by Jim Johnson, to fine Joe Francis $2,000 and require an additional training program to be implemented by the store. The training program is to be reviewed and approved by the police chief. $1,500 of the fine would be stayed for one year and removed if there are no same or similar violations within that time period. The council asked when the training program would have to be in place. Joe Francis said that they have it in place currently. Carolyn Smith asked that it be turned into the police chief for review within the next two weeks. Motion passed unanimously. BUSINESS 8. Ordinance #309 Rezoning of Polaris Property from RC/RI to UC/UI Moved by Jim Johnson, seconded by Carolyn Smith, to approve the Ordinance #309 rezoning this property. Motion passed unanimously. 9. Resolution 99-16 Approving the Conditional Use Permit for the Northwest Corner of TH 55 and Mohawk Drive — Polaris Moved by Jim Johnson, seconded by Phil Zietlow, to approve Resolution 99-16 approving the conditional use permit as submitted. Motion passed unanimously. 10. Sign Ordinance #310 Ron Batty said at the last meeting there was some discussion about a lighting handbook. He said unfortunately the lighting handbook did not provide the information that he and the city council had hoped for. He also noted that Plymouth no longer references this handbook in their ordinance but reference the uniform sign code, which is a part of the building code. Phil Zietlow suggested that instead of referencing the handbook, they allow only 100 square feet of illumination on signs. This would mean that any portion of a sign that was lit would count towards the 100 square feet of the sign area allowed. He said this would limit all of the exceptions to the illumination where areas that are lit that are not part of the sign. There was some discussion about this suggestion. Phil Zietlow also said that allowances for sign heights vary from 20 feet high to 36 feet high depending on the use. He suggested the city council should make that more uniform. John Ferris suggested the council make all height requirements 30 feet. The city council agreed. The council was also interested in pursuing the illumination idea raised by Phil Zietlow, however, they wanted more time to discuss this suggestion. There was some discussion about the glare ordinance. John Ferris said that the problem with signs is the light that leaves the property. There was some discussion about whether or not a corporate logo would be considered a part of a sign. Medina City Council Meeting Minutes March 16, 1999 53 After some additional discussion it was decided to approve the ordinance as submitted, changing only the height restriction to 30 feet for all uses and continuing to review the other provisions in the ordinance that may need some additional work for approval at a later date. Moved by Carolyn Smith, seconded by Phil Zietlow, to approve the ordinance # 310 as submitted with the 30 feet pylon sign adjustment. Motion passed unanimously. 11. Resolution 99-17 Approving Publication of the Sign Ordinance #310 by Title and Summary Moved by Phil Zietlow, seconded by John Hamilton, to approve Resolution 99-17 authorizing publication by title and summary. Motion passed unanimously. 12. Final Plat for Covey Run Addition Ron Batty said this was a follow up from a previous subdivision. He said that not all portions of the final plat were ready but he would like to draft the resolution approving the final plat. He said this would come back to the city council when all of the remaining information requests had been fulfilled. Moved by John Hamilton, seconded by Jim Johnson, to authorize the city attorney to draft a final plat resolution for Covey Run. Motion passed unanimously. 13. Letter from the Planning Commission to Hennepin County Carolyn Smith said the planning commission would like to send a letter to Hennepin County congratulating them for their award for the Hennepin County Public Works building. She said that the public works building was built in a sustainable manner that was environmentally friendly. She said they used a significant amount of recycling materials in construction and said the planning commission would like to congratulate them for their use of sustainable development methods. There was some discussion about the letter. There was some concern that receiving an award for the public works building did not necessarily mean that it was a wise use of the citizens' tax dollars. The city council approved sending the letter with signatures from the chair of the planning commission and the Mayor, after removing portions of the letter that referred to issues other than the award. Moved by Carolyn Smith, seconded by Jim Johnson, to approve the letter as amended. Motion passed unanimously. 14. Road Material Bids Jim Dillman said that they were up a little bit from last year. Moved by Jim Johnson, seconded by Carolyn Smith, to approve the road material bids. Motion passed unanimously. 15. Database Software for the Police Department Ed Belland said the Police department was currently using a software package called LEADRS. He said this program was not Y2K compliant. He said the city has been using this software for around 10 years. The company that made LEADRS also makes a version called ASYST. When the police department tested this program, it did not work. Therefore he has been working on other options. He said there are really only two other options, one is called ENFORCE from a company out of Minnetonka, and the other called VISIONS, from North Carolina. He said that there are several issues yet to be worked out with both of these software packages. He said police departments in the area have been negotiating with both of these companies. One program involves networking through the city of Hopkins, the other would be a stand-alone version that the city would have in house. Medina City Council Meeting Minutes March 16, 1999 54 There was some concern about the VISIONS program not being able to link to the Bureau of Criminal Apprehension(BCA). Ed Belland said that a number of these issues have to be worked out. He said he wanted to update the city council on the departments progress. Phil Zietlow asked for some type of deadline. Ed Belland said they were going to make some type of decision before June. 16. Resolution 99-18 Supporting the Metro Greenways Grant Application Moved by Jim Johnson, seconded by Carolyn Smith, to approve Resolution 99-18. Motion passed unanimously. 17. Approval to Pay the Bills Moved by Jim Johnson, seconded by John Hamilton, to approve the bills, order check numbers 19463-19516 for $328, 841.10, and payroll check numbers 16029-16045 for $15, 729.26. Motion passed unanimously. Phil Zietlow asked about the payment to Nextel for the antenna. Paul Robinson said that as a part of the agreement, the city is reimbursing Nextel for a portion of the first renter on the antenna. Phil Zietlow asked to withhold payment of this until the city clerk could double-check the amount of the check. If correct, then it could be paid. Motion passed unanimously for approval of the bills, with that stipulation. 18. Adjournment Moved by John Hamilton, seconded by Jim Johnson, to adjourn the meeting at 9:01 p.m.. Motion passed unanimously. n B. Ferris, Mayor Paul Robinson, City Clerk -Treasurer Medina City Council Meeting Minutes March 16, 1999 55 ORDER CHECKS - MARCH 16 , 1999 19463 P.E.R.A. $ 3,409.13 19464 Air Touch Cellular 189.04 19465 AmericaPride Linen 46.66 19466 Budget Printing 39.94 19467 Classic Cleaning 191.70 19468 First Forms, Inc. 20.33 19469 Firstar Bank 257,317.50 19470 Fortin Hardware 220.98 19471 Genuine Parts 171.56 19472 Glenwood Inglewood 37.95 19473 Gopher State One Call 68.25 19474 Grainger 13.83 19475 Great West Life 882.00 19476 Hamel Building Center 143.76 19477 Hamel Fire Dept 17,960.25 19478 John Hamilton 48.56 19479 Hawkins Water Treatment Group 2,161.19 19480 Henn. Co. Dept. of Prop. Tax 290.93 19481 Hennepin County Survey Division 94.18 19482 Kennedy & Graven 5,794.1 19483 Lake Business Supply 57.68 19484 Lakeshore Weekly News 179.70 19485 League of Minnesota Cities 180.00 19486 Minnesota Mayor's Assn. 20.00 19487 Little Falls Machine 580.43 19488 Loretto Fire Dept. 9,384.50 19489 Maple Plain Fire dept. 838.75 19490 MASWCD 50.47 19491 Metrocall 58.05 19492 Metropolitan Council 1,039.50 19493 Midwest Automotive 193.48 19494 Minn Comm 30.69 19495 Minnegasco 413.62 19496 Minnesota Child Support Pyt. Center 595.00 19497 Minnesota Dept. of Health 653.00 19498 Minnesota Mutual 275.00 19499 Minnesota State Retirement Sys 155.00 19500 Mothers Motors/Loretto Towing 14.00 19501 Natinoal Association of Chiefs of Police 50.00 19502 Nextel 11,902.50 19503 Northern States Power 3,373.07 19504 P.E.R.A. 3,392.52 19505 Perry's Truck Repair 243.42 Medina City Council Meeting Minutes March 16, 1999 56 ORDER CHECKS — March 16, 1999 (CONT'D) 19506 Protocol 75.00 19507 Schoell & Madson, Inc. 611.82 19508 Slayton Floral & Greenhouse 46.60 19509 Streicher's 203.53 19510 Tallen & Baertschi 2,138.25 19511 Twin City Water Clinic 20.00 19512 U.S. Filter/Waterpro 87.39 19513 U.S. West Communications 34.60 19514 West Metro Lumber 939.65 19515 Westside Wholesale Tire 63.53 19516 Wright -Hennepin Electric 1,838.45 $ 328, 841.10 PAYROLL CHECKS — MARCH 15, 1999 16029 Paul A. Robinson 955.39 16030 Steven T. Scherer 1,274.87 16031 Christopher R. McGill 1,039.28 16032 Michael J. Rouillard 1,171.21 16033 Scott W. Kroeger 1,071.22 16034 James D. Dillman 1,278.47 16035 Robert P. Dressel 999.40 16036 Edgar J. Belland 1,680.26 16037 Martha C. Lundell 172.98 16038 Cecilia M. Vieau 847.39 16039 Ivan W. Dingmann 92.37 16040 Laura L. Sulander 981.66 16041 Sandra L. Larson 787.71 16042 Jon D. Priem 1,231.15 16043 Judd J. Harper 233.71 16044 Jeremy L. Christenson 892.67 16045 James Nystrom 1,019.52 $15,729.26 Medina City Council Meeting Minutes March 16, 1999