HomeMy WebLinkAboutCity Council Minutes 05-08-2012Adopted Minutes
Regular Council Meeting
May 8, 2012
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 May 8, 2012.
COUNCIL PRESENT: Mayor Slavik, Council Members Willis, Bildsoe, Stein, Black, Johnson,
and Wosje.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park and Recreation Director
Evans, Public Works Director Cote, Community Development Director Juetten, Police Chief
Goldstein, Fire Chief Kline, Administrative Services Director Callister, and City Clerk Engdahl.
Plymouth Forum
There was no one present to address the Council.
Presentations and Public Information Announcements
4.01) Announcement of Special Drop Off Day on May 19
Council Member Black announced the Special Drop off Day on May 19 at the Plymouth
Maintenance Facility from 7:30 a.m.-2:00 p.m.
Mayor Slavik reported on a recent meeting that she and the City Manager had with Hammer
Residence.
Approval of Agenda
Motion was made by Council Member Bildsoe and seconded by Council Member Black, to
approve the agenda. With all members voting in favor the motion carried.
Consent Agenda
Adopted Minutes 1 of 7 Regular Meeting of May 8, 2012
Motion was made by Council Member Bildsoe, and seconded by Council Member Johnson, to
adopt the Consent Agenda that included the following items:
6.01) Regular Council Meeting minutes of May 1 and Bus Tour with Planning Commission on
May 1.
6.02) Resolution Approving Disbursements ending April 28, 2012 (Res2012-140).
6.03) Resolution Approving Application to extend the Licensed Premises for Lotus Group,
LLC, d/b/a Thai Table Restaurant, 10100 6th Avenue, Suites 114 and 115 (Res2012-141).
6.04) Resolution Ordering Preliminary Engineering Report for the Kingsview Heights Edge
Mill and Overlay Project (12002 — Res2012-142), Resolution Receiving Preliminary Engineering
Report, Ordering Preparation of Plans and Specifications, and Calling for a Public Hearing for
the Kingsview Heights Edge Mill and Overlay Project (12002 — Res2012-143), Resolution
Approving Plans and Specifications, and Ordering Advertisement or Bids for the Kingsview
Heights Edge Mill and Overlay Project (12002 — Res2012-144), Resolution Declaring Costs to
be Assessed and Ordering Preparation of Proposed Assessment for Kingsview Heights Edge Mill
and Overlay Project (12002 — Res2012-145), and a Resolution Calling for Hearing on Proposed
Assessment for the Kingsview Heights Edge Mill and Overlay Project (12002 — Res2012-146).
6.05) Resolution Ordering Preliminary Engineering Report for the Plymouth Boulevard Mill
and Overlay Project (12006 — Res2012-147), Resolution Receiving Preliminary Engineering
Report, Ordering Preparation of Plans and Specifications, and Calling for a Public Hearing for
the Plymouth Boulevard Mill and Overlay Project (12006 — Res2012-148), Resolution
Approving Plans and Specifications, and Ordering Advertisement or Bids for the Plymouth
Boulevard Mill and Overlay Project (12006 — Res2012-149), Resolution Declaring Costs to be
Assessed and Ordering Preparation of Proposed Assessment for Plymouth Boulevard Mill and
Overlay Project (12006 — Res2012-150), and a Resolution Calling for Hearing on Proposed
Assessment for the Plymouth Boulevard Mill and Overlay Project (12006 — Res2012-151).
6.06) Resolution Dispensing with Statutory Requirements for Review by Planning Commission
for Conveyance of Property (Res2012-152).
6.07) Resolution Approving Hennepin County Residential Recycling Grant Agreement
Res2012-153).
6.08) Resolution Approving Land Purchase Agreement between the City and LeeAnn and
Myron Kuklock (Res2012-154).
6.09) Ordinance Amending Sections 940, 1015, 1017, and 1018 of the City Code (Ord2012-17),
and a Resolution Approving Summary Publication of Ordinance (Res2012-155).
Adopted Minutes 2 of 7 Regular Meeting of May 8, 2012
6.10) Resolution Approving a Revised Final Plat and Development Contract for "Crossroads
Commons" for Property located Southeast of Highway 55 and Cottonwood Lane (2011014-F —
Res2012-156).
6.11) Resolution Approving Change Order No. 1 for Bass Lake Wetland Drainage Improvement
9127 - Res2012-157).
With all members voting in favor, the motion carried.
Public Hearing
7.01) Assessment Hearing for 2011 Mill and Overlay, Lancaster Lane (11010)
Public Works Director Cote reported on the proposed assessments.
Mayor Slavik opened the public hearing.
Mayor Slavik declared the public hearing closed.
Motion was made by Council Member Willis and seconded by Council Member Bildsoe, to
Res2012-158). With all members voting in favor,
the motion carried.
General Business
8.01) Ordinance Amending the City Code Regarding Hotel Registrations (tabled from
April 10)
Mayor Slavik noted the current motion that is on the table which is adoption of the proposed
Ordinance presented at the April 10 Council meeting with an amendment for additional language
regarding visual inspection of photo identification from all overnight guests who are 18 years of
age and older.
Police Chief Goldstein stated that staff contacted the seven hotels in the City. They support the
proposed ordinance from the April 10 meeting as the majority of them currently verify
identifications of individuals who've reserved rooms. They aren't doing this for all guests in the
room as they don't know how many people will be in the room if others arrive later. If guests pay
with cash, they request identification if there would be a problem as well as using photo
identification if the guests are paying by credit card. The visual verification for those checking
into a room who are over 18 have controversial feelings from the hotels. This system would be
convenient for some of their guests, but it would be problematic for an event planner who has set
aside a block of rooms for a group where room keys are given behind the scenes without
Adopted Minutes 3 of 7 Regular Meeting of May 8, 2012
everyone standing in the lobby to check in upon arrival. He stated the language in the proposed
ordinance regarding it's a misdemeanor to provide false identification is the piece that assists the
Police Department.
Council Member Johnson asked if the basis of this ordinance is due to the peddlers and solicitors
that canvass the community in the summer months. Police Chief Goldstein replied yes. He
stated it's not the larger groups, such as athletic teams or corporate groups that come into the
City. He indicated that it's hard to follow-up with investigations when the identity of others
staying in the rooms is unknown.
Council Member Bildsoe stated if the problem the City is trying to address involves peddlers and
solicitors, then the City should review how they are licensed. He stated he's trying to understand
why the City hasn't enforced the State law with those hotels that have had problems. Police
Chief Goldstein stated the police has used their discretion in working with the hotels in a manner
to address the problem. He stated it's always better to generate voluntary compliance and more
proactive approach and partnership so the City doesn't alienate themselves from the hotel
community. The hotels belong to professional associations that deal with the hospitality industry,
and it's hard to find a hotel in the State that follows the letter of the law.
Council Member Bildsoe commented that businesses are a contributing part of the community,
and if they know there is a problem that is creating a hardship, they should deal with the problem
and enforce the statute.
Council Member Johnson stated there is an education process for the hotel community. Using
discretion and working with hotels is a good approach. She appreciates Council Member Bildsoe
mentioning the licensing issue. She stated she would prefer to address the specific problem and
not put a burden on the businesses or guests. Also, try to find how to narrow in on the problem
specifically and work with the hotels who'll work voluntarily with the City in reviewing this
issue.
Council Member Bildsoe asked staff to explain the existing State law. Police Chief Goldstein
stated any overnight guest is to give their name, address, and vehicle identifiers.
Council Member Stein stated the proposed ordinance is just duplicating State law; a law that
hasn't been aggressively enforced by the City or the hotels. He asked if all peddlers and
solicitors need to be licensed. City Attorney Knutson replied peddlers need to be licensed but not
solicitors. Solicitors register with the City, but there is no license fee and a background
investigation.
Council Member Stein suggested adding a line to the peddler and solicitor license applications
for the applicants to provide their local address of where they are staying while they are
canvassing the community.
Adopted Minutes 4 of 7 Regular Meeting of May 8, 2012
Council Member Johnson requested and received clarification from the City Attorney that State
law doesn't require an identification for everyone that checks into a hotel. The hotel has the
option of requesting identification.
Council Member Stein stated he doesn't see it as a burden for someone to show their
identification to the hotel clerk as State law requires guests to furnish their names.
Michael Serr, representing the Crown Plaza Hotel, stated they want to work with the issues that
the City is presented with, whether it's peddlers and solicitors or any criminal activity. He
explained that it's an industry standard for hotels, whether they receive cash or credit card, to get
a photo identification from the guest who reserved the room. The guest is also asked how many
people are staying with them and their names for charging purposes at the hotel. Therefore, they
aren't opposed to that. He stated what they're opposed to is checking the identifications of
individuals who are with a corporate, church, etc. group where the guests are preregistered and
the keys are given to the tour planner. They have the names of the guests, but they don't check
the identifications as that would be an inconvenience. The tour planners pay for the rooms and
keys are given to them ahead of time to give to the guests. This would put a burden on these
companies and tours, and they would explore other hotel options. He stated he's worked at this
hotel for 19 years, and he can't recall an incident where there was criminal activity. They do
want to work with the City, but at the same time they want to protect the corporate and tour
operators. He also mentioned the weddings on the weekends where the father of the bride will
reserve and pay for 10 rooms. With the amendment on the table, they would now require all
those guests to show photo identification. Lastly, he stated that they check in over 100,000
guests a year, and this isn't a big issue for them. He suggested that the City deal with the hotels
who are having problems.
Council Member Bildsoe stated in the hospitality industry, it's important to create an
environment that people feel safe. Requiring photo identification for all guests could be a burden
for some, but it would create an environment where a person knows who is there.
Michelle Rein, representing the Residence Inn, stated her average length of stay for her guests is
five nights or more. They also have guests that have stayed up to three years. The majority of
their guests are in transition between moves, house fires, etc. Sixty percent of their guests are
part of the Marriott reward program so they have their identification. For those guests that aren't
part of that program, it could place a burden on those guests in requesting their previous address.
When guests check in, they do capture their names, addresses, and vehicle information (many of
the vehicles are rental vehicles).
Council Member Bildsoe stated that he wouldn't be supporting the amendment as he believes the
City's intent could be accomplished in another way, such as reviewing the ordinance for the
licensing of peddlers and solicitors. He stated there is an education component that needs to be
communicated that it's a misdemeanor to provide false identity. He suggested revisiting this
issue in approximately one year. Council Members Johnson and Black agreed with his
comments.
Adopted Minutes 5 of 7 Regular Meeting of May 8, 2012
By request of Council Member Willis, representatives of the hotels that were present noted how
many rooms they have at their hotels:
Comfort Inn: 116 rooms
Days Inn: 113 rooms
Best Western Kelly Inn: 149 rooms
Crown Plaza: 243 rooms
Country Inn Suites: 135 rooms
Marriott Residence Inn: 118 rooms
Mayor Slavik stated this was an issue that was brought to the Council for a tool to assist the
Police Department in keeping the community safer. She will be supporting the amendment. She
stated maintaining public safety is a priority for her. People are used to showing identifications
so she doesn't view it as an inconvenience, and all hotels would need to follow the ordinance.
She would also support looking at this issue again in a year. She asked when this is reviewed
again, how will staff measure whether the ordinance is effective. Police Chief Goldstein stated
he's unsure.
Mayor Slavik stated the biggest issue is with the peddlers and solicitors, but prostitution and drug
dealers can also pose problems. The amendment requiring visual inspection for all guests that
are 18 and over would assist in dealing with those issues.
Council Member Stein stated he wouldn't be supporting the amendment as it's not necessary at
this time. He requested changing the peddler and solicitor application forms to include the local
address where they are staying when they're canvassing the community. The proposed
amendment isn't how the hotels want to operate their businesses, and it's not welcoming to their
guests. For drug and prostitution cases, the Police Department can handle these with their sting
operations.
Council Member Wosje stated he also wouldn't be supporting the amendment as we would be
penalizing law abiding citizens. The Police Department can continue to work with the hotels.
Council Member Black stated she's very interested in seeing how the hotels are currently
applying with State law and what they need to do that. She suggested getting all hotels to comply
with State law and then look at it post peddler and solicitor season as to what the issues are to see
if there is a decline with these issues.
Mayor Slavik and Council Member Bildsoe withdrew their amendment to the main motion.
Motion was made by Council Member Johnson, and seconded by Council Member Wosie, to call
the question. With all members voting in favor, the motion carried.
The Council voted on the main motion which was adoption of the proposed ordinance from the
April 10 meeting (Ord2012-18). With all members voting in favor, the motion carried.
Adopted Minutes 6 of 7 Regular Meeting of May 8, 2012
City Manager Ahrens stated staff will add the requested language to the peddler and solicitor
applications. She stated the peddler and solicitor ordinance was reviewed a couple of years ago,
but staff will provide a report back to Council.
Council Member Bildsoe requested that the peddler and solicitor ordinance be reviewed the first
quarter of 2013, the Police Department work with the hotels in complying with State law, and
enforce the State law with discretion.
Reports and Staff Recommendations
9.01) Police Department Annual Report
Police Chief Goldstein gave the Police Department's annual report.
9.02) Legislative Update
City Manager Ahrens gave a brief legislative update.
9.03) Future Study Sessions
The Council scheduled the following study sessions:
1. May 22 at 5:30 p.m. to discuss general fund surplus allocations and loss control program.
2. June 26 at 5:30 p.m. to receive the transit report.
The Council cancelled the June 12 regular Council meeting.
Adiournment
Mayor Slavik adjourned the meeting at 9:10 p.m.
Sandra R. Engdahl Ci Cletk
Adopted Minutes 7 of 7 Regular Meeting of May 8, 2012