HomeMy WebLinkAboutCity Council Minutes 09-22-2015Adopted Minutes
Regular City Council Meeting
September 22, 2015
Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 5:38 p.m. in the
Council Chambers of City Hall, 3400 Plymouth Boulevard, on September 22, 2015.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Willis, Carroll, Johnson, Wosje, Beard,
Prom.
ABSENT: None.
STAFF PRESENT: City Manager Callister, Administrative Services Director Fischer,
Community Development Director Juetten, Public Works Director Cote, Park and Recreation
Director Evans, Deputy Police Chief Plekkenpol, City Attorney Knutson, Captain Swiatkiewicz,
and City Clerk Engdahl.
Plymouth Forum
John Gavin, 1422 Larch Lane, expressed concerns regarding the police and fire departments.
Presentations and Public Information Announcements
4.01) Fire Department Open House at Fire Station 3 on October 10
Mayor Slavik announced the Fire Department Open House at Fire Station 3 on October 10th
from noon until 4:00 p.m. She also reminded everyone of Plymouth on Parade on September
26th at 11:30 a.m.
Approval of Agenda
Motion was made by Councilmember Willis, and seconded by Councilmember Prom, to approve
the agenda. With all members voting in favor, the motion carried.
Consent Agenda
Motion was made by Councilmember Willis, and seconded by Councilmember Prom, to adopt
the Consent Agenda that included the following items:
6.01) Minutes from the Special and Regular Meetings of September 8, 2015.
Adopted Minutes Page 1 of 5 Regular Meeting of September 22, 2015
6.02) Resolution Approving Disbursements ending September 12, 2015 (Res2015-276).
6.03) Resolution Approving a Final Plat and Development Contract for"The Villas at Bass
Creek" for property located near Nathan Lane and Bass Lake Road (2015033F - Res2015-277).
6.04) Resolution Approving an Ordinance Amending Chapter 21 of the City Code to Classify
Certain Land Located at 17210 County Road 47 (2015065 - Ord2015-26), Resolution Approving
Findings of Fact for the Rezoning of Land located at 17210 County Road 47 (2015065 —
Res2015-278), Resolution Approving a Preliminary Plat and Final Plat for OP4 The Pines, LLC,
for"The Pines at Elm Creek 2nd Addition" for Property Located North of County Road 47 and
East of Lawndale Lane (2015065 —Res2015-279), and a Resolution Adopting Assessments for
Trunk Sanitary Sewer and Water Main for"The Pines at Elm Creek 2nd Addition" (2015065 —
Res2015-280).
6.05) Resolution Approving a Conditional Use Permit for Administrative Office Use in the P-I
Zoning District for Property located at 19000 State Highway 55 (2015070 - Res2015-281).
6.06) Resolution Approving a One-Year Extension of the Variance Granted for John (Jack)
Hackenmueller and Mary Ficke Hackenmueller for Property located at 1215 Dunkirk Lane
2013067 - Res2015-282).
6.07) Resolution Rejecting Bids for the Flashing Yellow Arrow Project (15008 - Res2015-
283).
6.08) Resolution Approving the Filling of Wetlands and the amended Wetland Replacement
Application for the Villas at Bass Lake SE 'A, Section 1, T118N, R22W(2015033 - Res2015-
284).
6.09) Resolution Approving the Filling of Wetlands and Wetland replacement Application for
the Pines at Elm Creek SE 'A, Section 1, T118N, R22W(2015059 - Res2015-285).
6.10) Resolution Awarding the Contract for the Everest and Parkdale Drainage Improvement
11042 and 15005 - Res2015-286).
6.11) Resolution Approving a Variance for Loucks Associates for Drive—Aisle Dimensions for
a Parking Lot Expansion at 2600 Niagara Lane (2015071 - Res2015-287).
With all members voting in favor, the motion carried.
Public Hearings
7.01) Denial of Application for a Massage Therapy Certificate for Qing Tian
Adopted Minutes Page 2 of 5 Regular Meeting of September 22, 2015
Captain Swiatkiewicz provided a report which contained the results of the background
investigation on Qing Tian's application for a Massage Therapy Certificate. He stated Ms. Tian
answered "no"to the license application question, "have you ever had a license revoked, denied
or suspended related to the conduct of massage" when the results of the background investigation
proved otherwise. In addition, he referenced language in Section 1135.15 of the City Code that
outlines criteria/conditions for issuance of certificates. He stated the conditions below weren't
met:
A. Certificates may be issued only to persons of good repute.
B. Certificates may be issued only to persons free of convictions of prostitution or offenses
which involve moral turpitude or which relate directly to the persons ability, capacity, or
fitness to perform the duties and discharge the responsibility of the occupation.
D. Certificates may be issued only to persons who have answered fully all of the information
requested in the application and have paid the full investigation and certification fees.
The City Manager denied her application and Ms. Tian is appealing that decision this evening.
Mayor Slavik opened the public hearing.
Qing Tian, applicant, and City volunteer/interpreter Xuemei Piao, assisted Ms. Tian in making
statements and asking questions of the Council. She stated Ms. Tian was not aware of the illegal
acts her former employee was doing and that former employee is no longer living in the area.
She reported Ms. Tian has been doing massage therapy for five years.
Mayor Slavik closed the public hearing.
The Council received clarification from Captain Swiatkiewicz regarding actions taken by the
cities of Plymouth and Maple Grove when she owned massage therapy businesses:
1. On October 22, 2013, Plymouth Police Department issued a citation to Ms. Tian for
allowing a person at her business, 4 U Foot Spa in Plymouth, to practice massage without
a license which is a violation of Section 615 of the City Code. She served a three-day
license suspension on December 5-7, 2013. She entered a guilty plea. Prosecution was
suspended conditioned on not committing any same or similar offense for one year. The
citation was subsequently dismissed.
2. On October 6, 2014, the Maple Grove City Council suspended Ms. Tian's personal
massage services license for employing a person offering massage services outside of
lawful business hours. On October 20, 2014, the Maple Grove City Council lifted the
suspension of her personal service license when she surrendered her business license for
Thai Massage.
He stated the license suspensions by the cities of Plymouth and Maple Grove"related to the
conduct of massage." Ms. Tian falsified her application when she denied she had any prior
suspensions related to the conduct of massage.
Adopted Minutes Page 3 of 5 Regular Meeting of September 22, 2015
Motion was made by Councilmember Willis, and seconded by Councilmember Wosje, to direct
the City Attorney to prepare findings of fact for denial of Ms. Tian's application for the October
13th Council meeting. With Wosje, Prom, Carroll, Johnson, Willis and Slavik voting yes, and
Beard voting no, the motion carried.
Without objection, Mayor Slavik moved item No. 8.01 up on the agenda as the next item.
General Business
8.01) Rezoning, and Preliminary and Final Plats for Wood Crest Hills Second Addition
for property located at 5975 Vicksburg Lane (Brady Cheney-2015058)
Community Development Director Juetten reported the proposed applications that were
recommended for approval by the Planning Commission.
Brad Chaney,homeowner, and David Pemberton, representing the client, introduced themselves
to the Council.
Motion was made by Councilmember Johnson, and seconded by Councilmember Willis, to adopt
an Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located at 5975
Vicksburg Lane (Ord2015-27), Resolution Approving Findings of Fact for the Rezoning of Land
located at 5975 Juneau Lane(2015058 - Res2015-289), Resolution Approving a Preliminary and
Final Plat for"Wood Crest Hills 2nd Addition" for Property located at 5975 Vicksburg Lane
2015058—Res2015-290), and Resolution Adopting Assessments for Trunk Sanitary Sewer and
Water Main for"Wood Crest Hills 2nd Addition" (2015058—Res2015-291). With Wosje,
Beard, Carroll, Johnson, Willis and Slavik voting yes, and Prom abstaining, the motion carried.
The Council recessed at 6:45 p.m.
The Council reconvened at 6:58 p.m.
Public Hearings (Continued)
7.02) Delinquent Utilities and Other Charges
Administrative Services Director Fischer reported letters were mailed to residents with past due
accounts informing them they have until October 30th to settle their accounts. There are 1,200
outstanding accounts totaling$342,048.18.
Mayor Slavik opened the public hearing.
Mayor Slavik closed the public hearing.
Adopted Minutes Page 4 of 5 Regular Meeting of September 22, 2015
Motion was made by Councilmember Willis, and seconded by Councilmember Johnson, to adopt
a Resolution Approving Certification to the County for Delinquent Utility Accounts, False
Alarms, Tree Removal, and Weed Eradication Charges (Res2015-288). With all members
voting in favor, the motion carried.
Reports and Staff Recommendations
There were no Reports and Staff Recommendations.
Adjournment
Mayor Slavik adjourned the regular meeting at 7:00 p.m.
4/thi/W6
Sandra R. Engdahl, y Clerk
Adopted Minutes Page 5 of 5 Regular Meeting of September 22, 2015