HomeMy WebLinkAboutCity Council Minutes 12-11-2018Adopted Minutes
Regular City Council Meeting
December 11, 2018
Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:12 p.m. in the
Council Chambers of City Hall, 3400 Plymouth Boulevard, on December 11, 2018.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Willis, Carroll, Johnson, Wosje, Davis,
Prom.
COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Callister, Administrative Services Director Hokkanen, Public
Safety Director Goldstein, Parks and Recreation Director Evans, Community Development
Director Juetten, Economic Development Manager Parr, Fire Chief Coppa, Public Works
Director Thompson, Finance Manager Bursheim, Planning Manager Thomson, Human
Resources Manager Kone, Community Relations Officer Long, Ice Arena Manager Halverson,
Housing Manager Barnes, Senior Engineering Technician Scharenbroich, and City Clerk
Engdahl.
Plymouth Forum
There was no one present to address the Council.
Presentations and Public Information Announcements
(4.01) Recognition to Police Citizen Academy graduates
The Council recognized the Police Citizen Academy graduates.
(4.02) Acceptance of Donation from the Wayzata Youth Hockey Association for the
Training Center Addition at the Plymouth Ice Center
Greg Gibson, from the Wayzata Youth Hockey Association, presented a donation to the Council
for the training center addition at the Plymouth Ice Center.
(4.03) Recognition to Mayor Kelli Slavik
The Council gave their thanks to Mayor Slavik in recognition of her service to the City.
Councilmember Johnson read a proclamation declaring December 12, 2018 as "Mayor Kelli
Slavik Day."
Adopted Minutes Page 1 of 7 Regular Meeting of December 11, 2018
Approval of Agenda
Motion was made by Councilmember Wosje, and seconded by Councilmember Johnson, to
qpprove the agenda. With all members voting in favor, the motion carried.
Consent Agenda
Item No's. 6.19 and 6.21 were removed from the Consent Agenda and placed under General
Business as No's. 8.03 and 8.04, respectively. Item No. 6.27 was removed from the Consent
Agenda and placed with item No. 7.01, and item No. 6.22 was removed from the agenda and
tabled to a closed session on January 22, 2019 at 5:30 p.m.
Motion was made by Councilmember Prom and seconded by Councilmember Willis, to adopt
the amended Consent Agenda that included the following items:
(6.01) Council minutes from Special and Regular Meetings of November 27, 2018.
(6.02) Resolution Approving Disbursements ending December 1, 2018, 2018 (Res2018-358).
(6.03) Resolution Approving 2019 Target and Trap Shooting License Renewal for Plymouth
Gun Club (Res2018-359).
(6.04) Resolution Approving 2019 Amusement License Renewals (Res2018-360).
(6.05) Resolution Approving 2019 Tobacco Licenses (Res2018-361).
(6.06) Resolution Approving Polling Locations for 2019 (Res2018-362).
(6.07) Resolution Accepting Donations and Sponsorships for City of Plymouth (Res2018-363).
(6.08) Ordinance Amending Section 1016 of the Plymouth City Code Regarding Park Facilities
Fees (Ord2018-20), Resolution Approving Summary Publication of Ordinance No. 2018-20 -
Ordinance Amending Section 1016 of the City Code Regarding Park Facilities Fees (Res2018-
364), and Resolution Approving Amendments to City Policies (Res2018-365).
(6.09) Resolution Approving Final Payment for East Medicine Lake Park Playground
(PRI 89003.001 - Res2018-366).
(6.10) Resolution Approving Joint Powers Agreement with the City of Minneapolis for the 2019
NCAA Final Four and Related Activities (Res2018-367).
(6.11) Resolution Accepting Utilities and Streets for Continual Maintenance for Camelot Nine
at Begin (2016009 - Res2018-368), Resolution Accepting Streets for Continual Maintenance for
Enclave on the Greenway 2nd Addition (2016021 - Res2018-369), Resolution Accepting Streets
Adopted Minutes Page 2 of 7 Regular Meeting of December 11, 2018
for Continual Maintenance for Serenity on the Greenway 2nd Addition (2015057 - Res2018-
370), Resolution Accepting Streets for Continual Maintenance for Villas at Copper Creek
(2015052 - Res2018-371), Resolution Accepting Streets for Continual Maintenance for The
Fields at Meadow Ridge (2016077 - Res2018-372), and Resolution Accepting Streets for
Continual Maintenance for Enclave at Elm Creek Development Agreement (2017068 - Res2018-
373).
(6.12) Resolution Designating the Consulting Engineer for the Vicksburg Lane Full Depth
Reclamation Project (ST199005) and the Ferndale Mill and Overlay Project (ST199002.001
Res2018-374).
(6.13) Resolution Approving Change Orders No. 1-3 for the Kilmer Park Street Reconstruction
Project (STI 89001 - Res2018-375).
(6.14) Resolution Approving Change Order No. 1 for the 2018 Sanitary Sewer Lining Project
(SS 189001 - Res2018-376).
(6.15) Resolution Approving Change Order No's. 1-3 for the Schmidt Lake Road at I-494
Expansion Project (STI 80003) and the Fernbrook Lane Mill and Overlay Project (STI 89002.001
- Res2018-377).
(6.16) Resolution Approving Application for Standalone Noise Barrier Program and Cost
Sharing with the Minnesota Department of Transportation (Res2018-378).
(6.17) Resolution Approving Americans with Disabilities Act (ADA) Transition Plan (Res2018-
379).
(6.18) Resolution Approving Fuel Purchases (Res2018-380).
(6.19) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.03).
(6.20) Ordinance Amending Section 905 of the Plymouth City Code Regarding Fire Prevention
Code (Ord2018-21) and Resolution Approving Summary Publication of Ordinance No. 2018-21
Ordinance Amending Section 905 of the City Code Concerning the Fire Prevention Code
(Res2018-381).
(6.21) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.04).
(6.22) (This item was removed from the agenda and tabled to a closed session on January 22,
2019 at 5:30 p.m.)
(6.23) Resolution Approving the 2019 Firefighter Compensation Plan and Payment for
Firefighter Disability Insurance Premium (Res2018-382).
Adopted Minutes Page 3 of 7 Regular Meeting of December 11, 2018
(6.24) Resolution Approving the Vacation of Parking Easements within 4090 and 4000
Annapolis Lane (Res2018-383).
(6.25) Resolution Approving a Variance to the Side Yard Setbacks to Allow a New Home for
Property located at 2625 Medicine Ridge Road (2018077 - Res2018-384).
(6.26) Resolution Ratifying Benefit Levels for Plymouth Fire Relief Association and Municipal
Allocation of Fire Aid (Res2018-385).
(6.27) (This item was removed from the Consent Agenda and included with item No. 7.01)
With all members voting in favor, the motion carried.
Public Hearings
(7.01 & 6.27) Public Hearing on 2019 Budget, General Property Tax Levy, HRA Levy, and
2019-2023 Capital Improvement Program and Debt Study
City Manager Callister reported on the Debt Study, tax levies, 2019 budget, and 2019-2023
Capital Improvement Program.
Mayor Slavik opened the public hearing.
Mike Denny, 15705 24th Avenue North, voiced his concerns regarding the increase in the Fire
Department's budget.
Mayor Slavik closed the public hearing.
Public Safety Director Goldstein and Fire Chief Coppa discussed the concerns that Mr. Denny
raised and stated that they would be happy to meet with him to discuss items in further detail.
Motion was made by Mayor Slavik and seconded byCouncilmember Prom, to adopt Resolution
Authorizing the 2019 HRA Levy (Res2018-386) Resolution Adopting the 2019 Budgets
(Res2018-387),Resolution Adopting Tax Levies for Taxes Payable 2019 (Res2018-388), and
Resolution Approving 2019-2023 Capital Improvement Plan (Res2018-389). With all members
voting in favor, the motion carried.
General Business
(8.01) Ordinance Amending Chapter IV of the City Code Regarding Short Term Rental
Housing
Community Development Director Juetten presented this item to the Council.
Adopted Minutes Page 4 of 7 Regular Meeting of December 11, 2018
In response to questions from the Council, Community Development Director Juetten provided
the following information:
• The Council directed staff to prepare an ordinance after a concern was raised by a
resident.
• Since the initial complaint, there have been no further complaints regarding other
short-term rentals throughout the City.
• Fines and probation would apply to all rentals, not just short-term, as the
ordinance is written.
• First violation notice would be sent by certified letter.
• A rental license is not needed for boarders, which is one to two people.
• As the ordinance is written, if renting to more than two people, it does not
differentiate whether the renter is in the home or not in the home.
• The policy of one rental per 30 -day period is a means to limit frequency.
• Without registering tenants prior to their stay, staff will not be able to determine
the frequency with which the unit is rented, it will engage the Police Department
on weekends to determine who is there upon complaints, and it relies on the
neighbors to notify staff know if there are different people renting.
• There is not a model ordinance for short-term rentals.
Laurel Learmonth, 301 4th Avenue South, Minneapolis, representing 410 Vinewood Lane
Airbnb unit, stated the restrictions in this ordinance would put Airbnb's out of business and
stressed that properties which are empty three weeks out of the month create more dangerous
situations than short-term rentals. She also suggested Airbnb's could be regulated based upon
renter house rules and by other limitations such as number of vehicles allowed. She requested
that if the Council takes action tonight, it would be delayed so that short -terms renters would
have time to find long-term rentals in order to fill rentals so as not to lose income on these units.
Igor Rudenko, 5372 Empire Lane, expressed concern with the regulations within the ordinance.
He stated those residents who have purchased properties to be used as Airbnb's will experience
loss of investment due to these restrictions, and he believes the City has no business in telling a
homeowner whom they can provide shelter to, provided no illegal activity is occurring.
Nick Roehl, 415 Quantico Lane North, stated that while he understands the intent of the
ordinance, it's essentially a ban on Airbnb's within the City. The ordinance does not address the
issues that short-term rental units are causing in the City and suggested the Council table the item
and send it back to staff to address the issues these units are causing.
Janine Anderson, from Maple Grove, stated that her family depends upon the income of Airbnb's
and many benefit from these businesses. She encouraged the Council to realize the economic
benefits of short-term rentals and asked them not to close up this market.
Thomas Rucke, 12215 29th Avenue North, stated there are too many ordinances to solve
problems that aren't necessary when there are existing tools to resolve them. He urged the
Council to find a different solution.
Adopted Minutes Page 5 of 7 Regular Meeting of December 11, 2018
Mark Brattvel, 16000 27th Avenue North, stated he doesn't feel there is a problem and there
doesn't need to be special regulation to monitor renters.
Eric Myers, representing Minneapolis Area Association of Realtors, stated that they have
updated their short-term rental policy. He explained that the realtors fundamentally believe in
private property rights and the ability to let -for -rent real property. He noted that operating a
business in a community is actually an unsettled law in Minnesota so that limits any policy they
can recommend. He stated they do desire the Council to keep short-term rentals permissive, but
understands it needs to be regulated in some way. He stated the one rental per 30 -day period
seems restrictive and does not necessarily correlate to negative behavior at the property. He
referenced the "three -bucket" approach that the City of Minneapolis uses and stated that the
realtors agree there needs to be some balance and offered to assist staff with anything they may
need.
The Council discussed the pros and cons of the proposed ordinance.
Motion was then made by Councilmember Prom, and seconded by Councilmember Wosje, to
take no action on this ordinance. With all members voting in favor but Slavik, the motion
carried.
(8.02) Plymouth 2040 Comprehensive Plan (2016038)
Planning Manager Thomson presented the Plymouth 2040 Comprehensive Plan.
Ginny Black, 11410 49th Place North, felt there were gaps in what the City could do to become a
more efficient energy user. She suggested the City join the Green Step Cities program through
the Minnesota Pollution Control Agency.
Motion was made by Councilmember Willis and seconded by Councilmember Carroll, to adopt
a Resolution Authorizing Submittal of the Pl)nouth 2040 Comprehensive Plan to the
Metropolitan Council (2016038 - Res2018-390).
The Council noted the importance of having age-appropriate housing available to rent in the
future and the importance of addressing homes that have deferred maintenance.
With all members voting in favor, the motion carried.
(8.03) Surface Water Management Plan (previously item No. 6.19)
Senior Engineering Technician Scharenbroich presented the Storm Water Management Plan.
In response to questions from the Council, staff provided the following information:
• Funding levels are sufficient to complete these goals.
• The MIDS implementation will be done with development and redevelopment
projects and may cost developers and the City a little more than present.
Adopted Minutes Page 6 of 7 Regular Meeting of December 11, 2018
• The MIDS working group did discuss ways to decrease the amount of future
problems that increased rainfall could cause.
• The MIDS is more of water quality treatment.
• Staff needs to make sure the storm utility fee are in line with what the larger
improvement projects.
• Properties constructed with older standards are vulnerable areas staff looks to
address annually with the CIP.
• Engineering standards and specifications are looked at annually and are an
ongoing discussion.
Motion was made by Councilmember Willis, and seconded by Councilmember Prom, to adopt a
Resolution Approving the Surface Water Management Plan (Res2018-391). With all members
voting in favor, the motion carried.
(8.04) 2019 Compensation and Classification Plan for Non -Represented Employees
(previously item No. 6.21)
Councilmember Willis noted while he supports this item, he will meet with the Human
Resources Manager another time to answer his questions.
Motion was made by Councilmember Willis, and seconded by Councilmember Prom, to adopt a
Resolution Approving the 2019 Compensation and Classification Plan for Non -Represented
Employees (Res2018-392). With all members voting in favor, the motion carried.
Reports and Staff Recommendations
There were no reports and staff recommendations.
Adiournment
The Council invited everyone to a holiday get together immediately following this meeting at
Lucky's 13 Pub, located at 3000 Harbor Lane.
Mayor Slavik adjourned the meeting at 10:2- la
7andra
R. Engdahl, Cit Jerk
Adopted Minutes Page 7 of 7 Regular Meeting of December 11, 2018