HomeMy WebLinkAboutCity Council Minutes 09-10-2013Adopted Minutes
Regular Council Meeting
September 10, 2013
Mayor Slavik 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 September 10, 2013.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Bildsoe, Stein, Black, Wosje, and Willis.
ABSENT: Councilmember Johnson.
STAFF PRESENT: City Manager Callister, City Attorney Knutson, Parks and Recreation
Director Evans, Community Development Director Juetten, Assistant City Engineer Renneberg,
Fire Chief Kline, Police Chief Goldstein, Deputy Police Chief Plekkenpol, Finance Manager
Bursheim, and City Cleric Engdahl.
Plymouth Forum
Daniel Gustafson, Minnetonka, stated he owns a small lot on Medicine Lake, and he has been in
conversation with City staff to place a dock on that lot. Staff has told him that he can't put a
dock on that lot. He stated water laws are established by common law and regulated first by the
Army Corps of Engineers, Department of Natural Resources, and then the City. He provided a
copy of a 2006 case regarding placing a dock on Lake Minnetonka, which is similar to his
request. In his opinion, the City isn't in a position to tell him no.
Mayor Slavik stated that the Zoning Ordinance requires there be a dwelling unit on a lot before
there is an accessory structure, such as a dock. She directed staff to prepare a response for Mr.
Gustafson and to copy the Council as well.
Ada Alden, 4780 Pineview Lane, stated since January 2013, there has been no discussion
regarding the future of the Human Rights Committee. She was informed that human rights
concerns would be handled by the Park and Recreation Department and the Police Department.
She stated she currently serves as district director on the League of Minnesota Human Rights
Commission. As part of her September report to the League, she asked what she should report as
to the status of the Plymouth Human Rights Committee.
Mayor Slavik confirmed that the Police Department is responding to any human rights issues.
This provides immediate relief over a committee that was meeting on a quarterly basis. The Park
and Recreation Department is handling the education component in the community and looking
at hosting cultural events. The Council will have additional discussion regarding the Human
Rights Committee when the Council conducts interviews for the boards and commissions later
this year or early 2014.
Adopted Minutes 1 of 4 Regular Meeting of September 10, 2013
Presentations and Public Information Announcements
4.01) Update from County Attorney Mike Freeman
County Attorney Mike Freeman provided an update to the Council.
Approval of Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Wosje to
approve thea egnda. With all members voting in favor, the motion carried.
Consent Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis to adopt
the Consent Agenda that included the following items:
6.01) Minutes from the Special Meetings of August 20 and August 27 and the Regular Meetings
of August 13.
6.02) Resolution Approving Disbursements ending August 31, 2013 (Res2013-293).
6.03) Resolution Receiving Engineering Proposals and Designating the Consulting Engineer for
Vicksburg Lane from Schmidt Lake Road to Maple Grove Border Reconstruction and Extension
Project (16001 — Res2013-294).
6.04) Resolution Approving Agreement for Police Records Management Services (Res2013-
295).
6.05) Resolution Approving an Amendment to the Storm Water Underground Filtration System
Maintenance Agreement for Crossroads Commons (2011014 - Res2013-296).
6.06) Resolution Approving a Final Plat and Development Contract for K. Hovnanian Homes of
Minnesota, LLC for "Cedar Hollow" for Property located South of Highway 55 between 46th
Avenue and Urbandale Court (2013069 — Res2013-297) and Resolution Adopting Special
Assessments (Res2013-298).
6.07) Resolution Approving the City Manager's Choice to be Excluded from Participating in
the PERA Coordinated Plan (Res2013-299).
6.08) Resolution Approving Temporary Liquor License for West Medicine Lake Community
Club (Res2013-303).
Adopted Minutes 2 of 4 Regular Meeting of September 10, 2013
With all members voting in favor, the motion carried.
Public Hearings
7.01) Revocation of Massage Therapy Center License for Herbal Wellness Spa, 3165
Fernbrook Lane
Deputy Police Chief Plekkenpol read the events contained in the staff report on the incident that
occurred at the Herbal Wellness Spa, 3165 Fernbrook Lane, on August 20, 2013.
Councilmember Bildsoe asked if there were living quarters at the site. Deputy Police Chief
Plekkenpol replied the Police Department found evidence and tools pictures of a bedroom for
sleeping purposes and luggage. Community Development Director Juetten added that this area
isn't zoned for residential use.
Mayor Slavik opened the public hearing.
Liming Long, owner of Herbal Wellness Spa, through her interpreter Maria Tryon, explained that
on August 20, she had left the premises while she took someone to a Chinese medical doctor. It
was at that time when the violation occurred whereby one of her massage therapists gave a
massage to an undercover police officer. There are three individuals who are licensed to practice
massage at her business, but none of them were present at that time. She hired this individual as
the place that she previously worked in Minneapolis burned down, she had no money, and she
had children to tend to. She stated she's in a three year lease at $2,000 per month at this location;
therefore, if her business doesn't continue, she doesn't know what to do. She stated she's very
sorry that she didn't strictly comply with City laws, and she'll accept all the penalties.
Mayor Slavik closed the public hearing.
Councilmember Bildsoe asked if massage therapy center owners are aware at the time they're
given their center license that they need to have licensed therapists. Deputy Police Chief
Plekkenpol replied yes.
Councilmember Stein asked how long the advertisement for Christina, the unlicensed therapist,
ran on Backpage.com. Deputy Police Chief Plekkenpol stated he's unsure. Ms. Long had stated
that Christina was working for a couple of days, but Christina stated she had been working at this
business for one month.
Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe to
direct the City Attorney to pure findings of fact for revocation of Massage Therapy Center
License for Herbel Wellness Spa located at 3165 Fernbrook Lane for the September 24 Council
Meeting.
Adopted Minutes 3 of 4 Regular Meeting of September 10, 2013
Councilmember Wosje stated he supports the motion as a lot of trust is placed with massage
therapists in the City, and the City holds them to a high level of standard.
Councilmember Black also stated she supports the motion as there is a responsibility to anyone
operating that type of business that there is a clean and healthy place to have a massage.
Mayor Slavik stated she agrees. She stated she's disgusted that this is happening in the
community, and a woman would be operating this type of business and allowing human
trafficking. The advertising in Backpage.com specifically calls out Plymouth. She stated she's
supportive of the Police Department being proactive, and the Council removing these types of
businesses from the community. Any lack of communication between Ms. Long and Christina is
no excuse.
Police Chief Goldstein that their department works with this fairly aggressively. The
advertisements on Backpage.com were posted twice.
With all members voting in favor of the motion, the motion carried.
General Business
8.01) Approve 2014 Proposed Budgets, Preliminary Tax Levies and Budget Hearing Date
Finance Manager Bursheim requested approval of the 2014 proposed budgets, preliminary tax
levies and setting December 10 at 7:00 p.m. as the budget hearing date.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt
a Resolution Authorizing the 2014 HRA Leyy (Res2013-300), Resolution Adopting the 2014
Budgets (Res2013-301, Resolution Adopting Preliminary Tax Levies for Taxes Payable 2014
Res3013-302), and setting the budget hearing on December 10 at 7 p.m. With all members
voting in favor, the motion carried.
Reports and Staff Recommendations
There were no reports and staff recommendations.
Adiournment
Mayor Slavik adjourned the Regular Meeting at 8:05 p.m.
1".Aaod
andra R. Engdahl, Ay Clerk
Adopted Minutes 4 of 4 Regular Meeting of September 10, 2013