HomeMy WebLinkAboutCity Council Minutes 06-13-2023Adopted Minutes Page 1 of 6 Regular Meeting of June 13, 2023
Adopted Minutes
Regular City Council Meeting
June 13, 2023
Mayor Wosje 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 13, 2023.
COUNCIL PRESENT: Mayor Wosje, Councilmembers Willis, McGregor, Peterson, Pointner, and Gregor.
COUNCIL ABSENT: Councilmember Davis.
STAFF PRESENT: City Manager Callister, Deputy City Manager Solano, Public Safety Director Fadden, Fire
Chief Coppa, Public Works Director Thompson, Community and Economic Development Director
Fernelius, Recreation Manager Hemp, Human Resources Director Timpone, Building Official Jenkins,
Assistant Finance Director Larson, Licensing Technician Larrison, City Attorney Mattick, Management
Intern Nwachi, and City Clerk/Administrative Coordinator Gallup.
Plymouth Forum
Jack MacBean, 4605 Xene Lane N., discussed an abandoned transformer located on his cul-de-sac and
expressed his frustration with the lack of communication from the city. Mayor Wosje stated Public
Works Director Thompson will follow up with him.
Dr. Milind Sohoni, 16640 39th Place N., thanked city staff, the Parks and Recreation Advisory
Commission, and City Council for the Meadows Park project and hopes the new cricket field will be good
enough for a future world cricket competition.
Presentations and Public Information Announcements
The Civic League announced this year’s Music in Plymouth will be held Thursday, July 6, at 5:30 p.m. at
the Hilde Performing Center and the Plymouth 5K will be held on Saturday, June 24, at 8: 00 a.m.
Approval of Agenda
Motion was made by Councilmember Willis, and seconded by Councilmember Peterson, to approve the
agenda. With all members voting in favor, the motion carried.
Consent Agenda
Motion was made by Councilmember Peterson, and seconded by Councilmember Gregor, to adopt the
Consent Agenda that included the following items:
Adopted Minutes Page 2 of 6 Regular Meeting of June 13, 2023
(6.1) Council minutes from special meeting and regular meeting of May 23, 2023.
(6.2) Resolution approving disbursements ending June 2, 2023 (Res2023-149).
(6.3) Resolution authorizing Juneteenth as a recognized city holiday for nonunion employees
(Res2023-150).
(6.4) Resolution approving temporary liquor license application of the Plymouth Lions (Res2023-151).
(6.5) Resolution approving the extension of an outdoor enclosed seating area to the wine and on-sale
3.2 percent malt liquor license of Brew Park Plymouth, LLC d/b/a Brew Park, 2605 Fernbrook Lane
North, Suite J (Res2023-152).
(6.6) Resolution approving a grant agreement with the Minnesota Department of Public Safety for
the Pathways to Policing Grant (Res2023-153).
(6.7) Resolution approving reporting requirements for the local performance measurement program
(Res2023-154).
(6.8) Approving release of land from resolutions, conditional use and variance proceedings (Res2023-
155).
(6.9) Resolution approving Minnesota Laws, 2023, Regular Session, Chapter 64, Article 8, Section 12
(Res2023-156).
(6.10) Resolution approving a site plan amendment, conditional use permit amendment and variances
for, KSW Enterprises LLC to allow a double drive-through at Culver’s, 6175 Quinwood Lane (2023019)
(Res2023-157).
With all members voting in favor, the motion carried.
Public Hearings
There were no public hearings scheduled.
General Business
(8.1) Adopt ordinance establishing City Code Section 411 short-term rental licensing and
amendments to City Code Section X and approve resolution for summary publication of said
ordinance
Community and Economic Development Director Fernelius presented this item and reviewed the short-
term rental draft ordinance. This ordinance would be a new type of rental ordinance and will require a
new short-term rental license. He reviewed the concerns and suggestions regarding the minimum stay
Adopted Minutes Page 3 of 6 Regular Meeting of June 13, 2023
requirement, owner training, neighbor notification, fee schedules, and the strike policy that were
discussed at the last City Council meeting.
In response to questions from the council, Community and Economic Development Director Fernelius
provided the following information:
• Non-licensed owners would be fined.
• Current license holders required to reapply and pay for new short-term license.
• License denial would only occur if the address had two incidents of disorderly conduct.
Scott Aldrich, 12830 11th Ave. N., expressed his concern regarding the short-term rental guidelines, fee
schedule, and the mandatory training. He suggested a conditional license until training is completed.
Alina Madan, 4710 Orleans Lane N., expressed her concern regarding the fee schedule and inquired
about the reapplication fee if already paid up on the original license charge.
Matt Walzer, 5910 Oakview Lane N., appreciated the quick action to this situation and suggested
keeping the seven-day minimum stay requirement.
Traci Ohlenkamp, 5825 Oakview Lane N., supported the ordinance and suggested a two-night minimum
stay requirement. She expressed her continued concern for the safety of her neighborhood and thanked
the City Council for their continued work on this ordinance.
Wesley Bertch, 17335 County Road 24, discussed the advantages of short-term rentals and how ratings
affect the owner’s business. He also expressed his concern regarding false reporting and suggested swift
and proper due process to ensure a fair process.
Hadley Horning, 17710 12th Avenue N., suggested a tenant registry, inquired about the reapplication
process, thanked Mayor Wosje for eliminating the seven-day minimum, and recommended an increase
in fines for any unlicensed owner who operates a short-term rental.
Joseph Boehmer, 14183 Aspen Ave., Prior Lake, expressed his approval of the seven-day minimum for
short-term rentals and suggested the tenant registry stay the same as the long-term rental ordinance.
He also suggested doubling fines for continued use of non-licensed properties.
Laura Pankert, 5635 Glacier Lane N., expressed her concern regarding neighbor complaints.
Public Safety Director Fadden has not solidified the timing of the training but will be flexible and
accommodating depending on the quantity of applications. He also suggested creating an emergency
contact to allow quicker and easier access of communication if needed.
Community and Economic Development Director Fernelius clarified if renting out a room in a dwelling,
an inspection would be required. The current ordinance does not differentiate between a partial or
whole property, and he will make that change for the final draft of the ordinance. The license fee
increase is for the additional workload for the short-term rentals. He stated the new ordinance begins
on August 1, 2023 and could add a list of neighbors who have been notified of a short-term rental
license approval.
Adopted Minutes Page 4 of 6 Regular Meeting of June 13, 2023
Public Safety Director Fadden explained the complaint process and would investigate any compliance
related issues about due process and false complaints.
The council had a robust discussion regarding the 200-foot neighbor notification radius, non-compliance
fees, process for escalating fines, and finding the balance between public safety and property owner’s
rights. It was suggested Mayor Wosje, City Manager Callister, and Public Safety Director Fadden review
and simplify the ordinance language.
In response to further questions from the City Council, Community and Economic Development Director
Fernelius and City Attorney Mattick provided the following information:
• Non-compliant residents could be charged with a misdemeanor if fines continue without
payment.
• Put language in ordinance for continued escalation in unpaid fine amounts until compliance is
achieved.
• Suggested adding language regarding license carryover and pro-rated license fee if renewed or
recently purchased within the past year.
Motion was made by Councilmember McGregor and seconded by Councilmember Peterson to table this
discussion until June 27, 2023. With all members voting in favor, the motion carried.
(8.2) Discuss City Code Section 1135 related to therapeutic massage
Public Safety Director Fadden presented this item, provided history of the ordinance and reviewed the
current information. He specified in 2017, language was changed to require schooling from an
accredited facility. He stated his concern about reverting back to language stating education from an
approved institution could see an increase in applications and fraudulent transcripts. Staff’s
recommendation is to keep the code the same.
There was discussion among the council regarding the process of approval or accreditation from the
Minnesota Board of Education. The state currently does not have statewide regulations regarding
therapeutic massage services but requiring schooling from an accredited institution puts Minnesota a
step above the rest. It was suggested to restructure language in the code that would make it easier for
the license technician to discover fraudulent transcripts.
Edward Oursler, 4713 102nd Trail N., Brooklyn Park, expressed his frustration with the shortage of
workers and the length of the accreditation process. He suggested changing the language to require an
approved institution to keep therapeutic massage employment here in Plymouth until there is statewide
regulation regarding schooling.
Scot Ziessman, 17340 70th Avenue N., Maple Grove, stated 63% of therapeutic massage schools in
Minnesota are not accredited. He described red flags to look for and removes students from the
program for inappropriate behavior. He recommended allowing schools to continue to operate until the
state comes up with legislation and encouraged the City Council to reconsider the definition of a
legitimate school.
In response to questions from the Council, Mr. Ziessman, Mr. Oursler provided the following
information:
• Accreditation is a way to receive government funding for student loans.
Adopted Minutes Page 5 of 6 Regular Meeting of June 13, 2023
• The current curriculum is approved by the Minnesota Board of Higher Education and is vetted
each year.
• An increase in tuition to cover the accreditation process would result in students not being able
to pay for the schooling.
• Provided information on how program hours are structured.
• Length of accreditation process is the main concern among current business owners.
David Denniston, 1200 Phillips Drive, Long Lake, expressed his frustration with the ordinance language
and hopes to find a happy middle ground where both sides are satisfied.
The City Council discussed the reasons for the accreditation requirement and that it has helped
eliminate fraudulent transcripts. They also discussed possible solutions and ways to protect the
legitimate businesses and still protect the citizens of Plymouth.
Public Safety Director Fadden stated he will do more research on other states and look at their
regulations but did note he does not want to add more work to his licensing technician. He stated he will
bring it back to the council for approval.
Motion was made by Councilmember Willis and seconded by Councilmember Peterson for staff to bring
back options to find a middle ground on the ordinance regulations. With all members voting in favor, the
motion carried.
(8.3) Discuss City Code 1105 related to lawful gambling
City Clerk/Administrative Coordinator Gallup presented this item and discussed the location criteria,
distribution of proceeds, and authorized organizations in regard to lawful gambling.
The City Council discussed the 500-foot radius restriction and recommended bringing it back to City
Council at the next meeting to allow more time to research.
Jason Vinar, 5935 Black Oaks Lane N., Tia Senenfelder, Wayzata Youth Hockey representative, and Tom
Hewitt, 20162 78th Place N., appreciated the council’s comments in support of businesses and explained
100% of the Wayzata Youth Hockey Association proceeds go to paying for ice time and offering
scholarships to cover costs.
After a discussion with City Council, direction was given to staff to bring something forward at the next
meeting to allow the Wayzata Youth Hockey Association to allow lawful gambling at the Buffalo Wild
Wings and then look at the boundaries for future requests.
(8.4) Resolution in support of fiscal year 2024 state bonding request
City Manager Callister presented this item and stated he has been in contact with legislators regarding
bonding requests for 2024. Plymouth’s project is the City Center which will include the expansion of the
Plymouth Ice Center, public parking ramp, roadway realignment, regional stormwater future
development, and Plymouth Boulevard improvements which will start next year. He stated the deadline
for this bonding request is this Friday. The total project cost is $64 million dollars with a request of $32
million from the state.
Adopted Minutes Page 6 of 6 Regular Meeting of June 13, 2023
Motion was made by Councilmember Willis and seconded by Councilmember Peterson to adopt
resolution establishing the 2024 state bonding request for the City Center redevelopment and
revitalization project (Res2023-158). With all members voting in favor, the motion carried.
Reports and Staff Recommendations
City Manager Callister requested direction regarding the vacancy on the Housing and Redevelopment
Authority.
Adjournment
Mayor Wosje adjourned the regular meeting at 10:11 p.m.
_________________________________________
Jodi Gallup, City Clerk/Administrative Coordinator