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HomeMy WebLinkAboutCity Council Minutes 01-10-2012Adopted Minutes Regular Council Meeting January 10, 2012 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:05 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on January 10, 2012. Boy Scout Pack 283 led the Pledge of Allegiance. COUNCIL PRESENT: Mayor Slavik, Councilmembers Stein, Willis, Johnson, Black, and Bildsoe. ABSENT: Councilmember Wosje. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Parks and Recreation Director Evans, Public Works Director Cote, Community Development Director Juetten, Deputy Fire Chief Springer, Police Chief Goldstein, Deputy Police Chief Plekkenpol, and City Clerk Engdahl. Plymouth Forum No one was present to address the Council. Presentations and Public Information Announcements 4.02) Announcement of "Skate with the Mayor" on January 20 Parks and Recreation Director Evans announced that the "Skate with the Mayor" on January 20 at Parkcrs Lake has been cancelled due to the weather conditions. Parks and Recreation Director Evans introduced new park employees—Barb Northway, Deputy Director of Parks and Recreation, and Susan Muelken, Activity Center Manager. Approval of Agenda Motion was made by Councilmember Bildsoe and seconded by Councilmember Stein, to approve the agenda. With all members voting in favor the motion carried. Consent Aeenda Adopted Minutes 1 of 7 Regular Meeting of January 10, 2012 Item No. 6.12 was removed from the Consent Agenda and placed under General Business as item No. 8.02. Mayor Slavik noted a revised agreement for item No. 6.16 was given to the Council this evening. Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adop the Consent Agenda that included the followingitems: tems: 6.01) Special and Regular Meeting minutes of December 13, 2011. 6.02) Resolution Approving Disbursements ending December 31, 2011 (Res2012-001). 6.03) Appointment of City Health Officer for 2012. 6.04) Appointment of City Council Secretary for 2012. 6.05) Resolution Appointing Official Depositories for City Funds for 2012 (Res2012-002). 6.06) Resolution Designating the Plymouth Sun Sailor as the City of Plymouth's Official Newspaper for 2012 (Res2012-003). 6.07) Resolution Approving Amended Policy Regulating the Use of City Facilities (Res2012- 004). 6.08) Resolution Approving Request for Change Order No. 1 and Final Construction for Council Chambers Renovation (Res2012-005). 6.09) Resolution Awarding a Contract for the MIP Water Tower Rehabilitation Project (10021 Res2012-006). 6.10) Resolution Approving an Encroachment Agreement for a Retaining Wall within a Drainage and Utility Easement in Lot 4, Block 4, Spring Meadows, located at 5400 Weston Lane R_es2012-007). 6.11) Resolution Approving the purchase of a Replacement Tandem Dump Trunk (Res2012- 008). 6.12) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.02). 6.13) Resolution Authorizing Payment of 2012 Membership Dues for Bassett Creek Watershed Management Commission, Elm Creek Watershed Management Commission, and Shingle Creek Watershed Management Commission (Res2012-009). 6.14) Accept Environmental Quality Committee's Annual Report and 2012 Work Plan. Adopted Minutes 2 of 7 Regular Meeting of January 10, 2012 6.15) Resolution Authorizing Payment for Purchases that may exceed $100,000 (Res2012-010). 6.16) Resolution Approving Plymouth Creek Center's Catering Contracts (Res2012-011). 6.17) Resolution Approving 2012 Compensation for the City Manager (Res2012-012). 6.18) Resolution Approving Request for Payment No. 6 and Final for Cimarron Ponds Street Reconstruction Project (9113 - Res2012-013). 6.19) Resolution Authorizing an Agreement known as the Court Data Services Subscriber Amendment that Delegates Authority to the Bureau of Criminal Apprehension to Enter into an Amendment with the City to cover the Court Data Required for eCharging (Res2012-014). 6.20) Resolution Approving Donation of Out -of -Service Firefighter Structural Clothing to the International Fire Relief Mission (Res2012-015). 6.21) Resolution Authorizing a Deer and Turkey Management Program for 2012 (Res2012- 016). With all members voting in favor, the motion carried. Public Hearings 7.01) Denial of Renewal Application of Massage Therapy Certificate for Yue Chang Deputy Police Chief Plekkenpol stated tonight is the hearing on the appeal of the denial of a renewal application for a Massage Therapy Certificate for Yue Chang. Jia Pan, interpreter, would be assisting Ms. Chang. He stated Ms. Yang also submitted a renewal application for Massage Therapy Center License for her business, 4 U Foot Spa, which was denied based upon the background investigation. She requested a hearing on the denial of this license, but withdrew her appeal of the denial on January 6, 2012 by written request as she has sold the business. Therefore, only the denial of the Massage Therapy Certificate is before the Council this evening. Mayor Slavik opened the public hearing. Deputy Police Chief Plekkenpol stated the Police Department conducted the background investigation of the renewal application and concluded that the application would be denied based on Section 1135.13, Subd. (a) and (b) of the City Code and the following: 1. Ms. Chang had knowingly allowed unlicensed massage therapists to conduct business at her second location "Asian Therapy", in New Hope. 2. Former employees of Ms, Chang's had informed New Hope Investigators that they were expected by Ms. Chang to engage in inappropriate sexual acts with patrons. Adopted Minutes 3 of 7 Regular Meeting of January 10, 2012 3. The City of New Hope had concluded on November 28, 2011, that Ms Chang had failed to address the licensing issue and a second ordinance violation within a three month period which was cause for revocation of the therapeutic massage enterprise license. 4. Ms. Chang was found guilty in Hennepin County Court to the New Hope Ordinance 8.35(c) (2) Providing massage without a therapeutic massage license. Ms. Chang stated she didn't understand what Deputy Police Chief Plekkenpol just read. Mayor Slavik stated the denial of her renewal application is due to the case with the City of New Hope and pleading guilty in Hennepin County Court. Ms. Pan stated Ms. Chang explained everything to the New Hope City Council, but they didn't understand. Tonight she's only appealing the denial for the therapist certificate. Even though Ms. Chang isn't a good manager, she's a good therapist and has all the credentials. She needs this job to support her family. Mayor Slavik stated the Council isn't considering the Massage Therapy Center license this evening, as Ms. Chang withdrew that. The Council is only considering the Massage Therapy Certificate for Ms. Chang. Ms. Pan stated Ms. Chang has brought all her certificates and licenses, and she gave them to the City Clerk if the Council wants to look at them. In New Hope, Ms. Chang's license was denied as a business owner, but she still has the therapist license. Ms. Chang doesn't understand why the therapist license in Plymouth is denied. Councilmember Bildsoe asked Ms. Chang if she has seen the report in front of the Council or understands why the Police Department is recommending denial. Ms. Pan stated she doesn't have a copy of that report but a letter. Deputy Police Chief Plekkenpol stated the report that he read wasn't given to Ms. Chang, but a letter from the City Clerk explaining the reasons for denial. He met with Ms. Chang and her husband to explain the reasons for denial, and they also met with Deputy City Clerk Baird. He stated based on the background investigation from New Hope, the basis for the denial is for the massage therapy center and therapist. Councilmember Bildsoe asked if the City can deny a license for an individual if that person has been performing a business that has been found guilty, or essentially applying the fact that Ms. Chang violated the ordinance provisions in New Hope. Can the Council deny her right to be licensed in Plymouth as a massage therapist? Deputy Police Chief Plekkenpol replied yes. By request of Councilmember Bildsoe, Ms. Pan read the resolution that contained the reasons for denial to Ms. Chang. He asked the interpreter if Ms. Chang had any questions. Adopted Minutes 4 of 7 Regular Meeting of January 10, 2012 Ms. Pan stated Ms. Chang explained everything to the New Hope City Council. Everything is related to management of a business, not her as a therapist. She's just appealing the therapist denial as she needs a job to support her family. Councilmember Black noted that there was a subsequent violation after the initial violation in New Hope. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving the Denial of Massage Therapist Certificate for Yue Chang that directs the City Attorney to prepare findings of fact for the January 24 Council Meeting (Res2012-017). With all members voting in favor, the motion carried. Ms. Pan asked if the reason why she was denied a therapist license was because of New Hope. Mayor Slavik replied the denial is based on the reasons in the resolution that she read to Ms. Chang. Ms. Pan asked if Ms. Chang can never do work as a therapist in Plymouth or anywhere. City Attorney Knutson stated she can reapply with the City one year after tonight's meeting. Ms. Pan asked if Ms. Chang can apply in another city. City Attorney Knutson replied she can apply with other cities. General Business 8.01) Planned Unit Development Amendment for Improvements to Plymouth Auto Center at 16825 County Road 24 (2011072) Community Development Director Juetten stated this item was before the Council on December 13, 2011, and the applicant requested to table this item to tonight in order to modify the plan based upon the Council's discussion at that meeting. The applicant has amended their original request as follows: 1. Removed the request for a canopy extension to accommodate another pump island. 2. Amended request for expanding business hours. Current hours are 6:00 a.m.-11:00 p.m. They proposed 4:00 a.m.-Midnight. They amended that request to 5:00 a.m.-11:00 p.m. The remainder of their original request remains unchanged: 1. The addition of electronic sign elements within the existing monument sign. 2. A building expansion on the north side of the building. Adopted Minutes 5 of 7 Regular Meeting of January 10, 2012 Liz Nalezny, applicant, stated they decided to omit the request for the extra gas pump and canopy and to just extend the business hours one extra hour in the morning. They are a small family business, and they have to adjust their practices to stay competitive. There are no deliveries before 7:00 a.m. so opening one hour earlier shouldn't cause any problems with noise to the adjacent neighborhood. They currently have approximately 23 customers between 6:00 a.m. and 6:30 a.m. Councilmember Stein asked if they would be acceptable to limiting their deliveries before 7:00 a.m. Ms. Nalezny replied yes. Councilmember Bildsoe and Mayor Slavik thanked Ms. Nalezny for removing the pump extension. Mayor Slavik stated she will support the detail building on the north side with the work being done inside and the electronic sign. However, she doesn't support the expansion of the hours. She stated she's unsure how many customers they would lose that extra hour since its very quiet that early in the morning, and this business isn't directly on Highway 55. She appreciates the fact that they have invested in their business, but there are adjacent residents who have invested in their homes and properties, and they need to have enjoyment of their homes as well. Motion was made by Mayor Slavik, and seconded by Councilmember Willis, to adopt a Resolution Approving a PUD General Plan Amendment to allow Improvements to the Plymouth Station Auto Center at Property located at 16925 County Road 24 (2011072 — Res2012-019) nth the exception of condition No. 2 regarding the modified business hours (5:00 a.m.-11:00 p.m.). Councilmember Black stated she would support the additional hour for them to be open as there wouldn't be that much additional traffic. This will be a service to the community. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to amend the main motion to add condition No. 2 back in the Resolution. The Council voted on the amendment, and with Black, Bildsoe, and Johnson yes, and Stein, Willis, and Slavik no, the motion failed. Councilmember Stein asked if this item could be tabled until there is a full Council present. Community Development Director Juetten replied it could be tabled as the review deadline is February 10. Councilmember Johnson asked if the Resolution could be adopted with the tabling of condition No. 2 to January 24 so the applicant can began their work on the project. Ms. Nalezny stated she would appreciate that. She clarified the reason for the extra hour in the morning is for their staff to be better prepared for their customers at 7:00 a.m. which is their busiest time. She extended an invitation to the Council to take a tour of their business so they can show them the work that will be accomplished during that extra hour. Adopted Minutes 6 of 7 Regular Meeting of January 10, 2012 The Council voted on the main motion but tabled condition No. 2 of the resolution until January 24. With all members voting in favor, the motion carried. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt an Ordinance Amending Chapter 21 of the City Code to Amend PUD 91-1 (Seven Ponds North) Amendment for Plymouth Station for Property located at 16825 County Road 24 (2011072 — Ord2012-01) and a Resolution Approving Findings of Fact (Res2012-018). With all members voting in favor, the motion carried. 8.02) Residential Composting Grant Program Councilmember Willis stated his only concern on this item is that the funding for this project comes from the solid waste budget versus the water resources budget. Motion was made by Councilmember Willis, and seconded by Councilmember Johnson, to adopt a Resolution Approving Residential Composting Grant Program with the amendment that the funding comes from the solid waste budget (Res2012-020). Mayor Slavik requested a report from staff in a year on the amount of staff time with this program and resident participation. 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 meeting at 8:03 p.m. Sandra R. Engdahl, Ci Clerk Adopted Minutes 7 of 7 Regular Meeting of January 10, 2012