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HomeMy WebLinkAboutCity Council Minutes 10-10-2017Adopted Minutes Regular City Council Meeting October 10, 2017 Deputy 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 October 10, 2017. COUNCIL PRESENT: Deputy Mayor Wosje, Councilmembers Prom, Willis, Johnson, Davis, and Carroll. Council Absent: Mayor Slavik. Staff Present: City Manager Callister, Administrative Services Director Fischer, Community Development Director Juetten, Park and Recreation Director Evans, Public Works Director Thompson, Public Safety Director Goldstein, Deputy Fire Chief Dreelan, Licensing Technician Larrison, Police Captain Johnson, Police Sergeant Fadden, City Attorney Knutson, and City Clerk Engdahl. Plymouth Forum Jennifer Ramler, 14990 53rd Avenue North, stated she submitted a petition for a three-way stop sign at Polaris Lane, Niagara Lane, and 52nd Avenue. A traffic study was completed by staff but it didn't meet the guidelines for a three-way stop sign. Staff recommends the installation of a slow/20 miles per hour sign. The study only addressed vehicle safety and not the safety of the children at the bus stop. This intersection is also the main crossing area to the neighborhood park and the traffic study indicates there are sight line issues. The road is proposed to be straightened in the future which means traffic speeds will potentially increase, and the hill can become icy in the winter which results in cars sliding through the intersection. Public Works Director Thompson reported City Engineer Renneberg reported this intersection received a score of 90 out of 100 which did not meet the stop sign criteria. Cory Fitzpatrick, 15095 54th Avenue North, commented this is a dangerous intersection for both drivers and pedestrians, and he believes they can come up with a reasonable solution. In addition to a three-way stop sign, he encouraged the Council to also consider marking it appropriately for pedestrians. Joshua Liesmaki, 14905 53rd Avenue North, commented on paper this intersection may not meet the criteria for a three-way stop, but in reality, it is very dangerous. Councilmembers Johnson and Carroll offered to meet with the neighbors. They noted the score should be used as a guideline as traffic counts will only increase in the future. Adopted Minutes Page 1 of 6 Regular Meeting of October 10, 2017 Ms. Ramler noted the traffic study was done in an area where cars would slow to turn and go up the hill which put the average speed well under the actual speed limit. Jacqueline Sullivan, 12415 45th Avenue North, commented she was denied her fence permit a few months ago. When she received the formal denial of the appeal, it seemed the whole point of why she was present at the Council meeting was overlooked. She was not disputing the interpretation of the ordinance, but was looking for an exception to it. She found out shortly after she was denied her permit, a resident requesting a permit for the same type of fencing material was approved. Community Development Director Juetten stated they are trying to determine what happened and the person who signed off on the permit is unavailable. It appears that the permit was issued in error. They have contacted five other communities regarding this type of fence and learned that three of them would allow it and two would not. Now that the fence is up, it provides an opportunity for people to comment on its quality and will help determine if the Zoning Ordinance should be amended to allow for this type of fencing material. Kari Weske, 8772 Cottonwood Lane North, commented the fence that was recently approved wasn't installed correctly. Deputy Mayor Wosje referred this item back to staff and requested a report be provided to the Council for additional discussion. Ms. Sullivan provided a list of addresses that currently have this type of fence installed and requested more information on how the City defines aesthetic standard as it relates to a fence. Presentations and Public Information Announcements (4.01) Announcement of Wayzata School District Levy Referendum on November 7 Superintendent Chace Anderson announced Wayzata School District's levy referendum on November 7 and the three funding questions on the ballot. (4.02) Introduction of international graduate students from Minnesota State University Mankato participating in a Visit of City of Plymouth's Organization City Clerk Engdahl introduced the international graduate students. The students introduced themselves and the Council thanked them for coming to Plymouth. Approval of Astenda Motion was made by Councilmember Prom, and seconded by Councilmember Willis, to approve theagenda. With all members in favor, the motion carried. Adopted Minutes Page 2 of 6 Regular Meeting of October 10, 2017 Consent Agenda Motion was made by Councilmember Johnson, and seconded by Councilmember Prom, to adopt the Consent Agenda that included the following items: (6.01) Special and Regular City Council Meeting minutes of September 26, 2017. (6.02) Resolution Approving Disbursements ending September 30, 2017 (Res2017-312). (6.03) Resolution Approving Regular City Council Meeting Schedule for 2018 (Res2017-313). (6.04) Resolution Approving Work Orders No. 21-25, Change Orders No. 1 and 2, and Reducing Retainage for Vicksburg Lane Reconstruction and Expansion Project (16001 - Res2017-314). (6.05) Resolution Approving a Request for a Preliminary Plat and Variance for Lot Size for Property located at 2930 Urbandale Lane North (2017070 - Res2017-315). With all members voting in favor, the motion carried. Public Hearings (7.01) Public Hearing on the Vacation of Drainage and Utility Easement within Banner Second Addition Public Works Director Thompson reported on the proposed vacation application. Deputy Mayor Wosje opened the public hearing. Deputy Mayor Wosje closed the public hearing. Motion was made by Councilmember Willis, and seconded by Councilmember Carroll, to adotlt a Resolution Approving the Vacation of Drainage and Utility Easement within Banner 2nd Addition Res2017-316). With all members voting in favor, the motion carried. General Business (8.01) Rezoning and Preliminary Plat for Residential Subdivision for Property located at 3835 Dallas Lane (Lake West Development, LLC — 2017072) Community Development Director Juetten reported this request is to rezone a 2.38 -acre parcel located at 3835 Dallas Lane from FRD to RSF-2 and subdivide it into five lots. The proposed lots meet zoning district requirements and the Planning Commission recommends approval. Adopted Minutes Page 3 of 6 Regular Meeting of October 10, 2017 Motion was made by Councilmember Willis, and seconded by Councilmember Prom, to adopt an Ordinance Amending Chapter 21 (Zoning Ordinance) of the City Code to Classify Certain Land located at 3835 Dallas Lane (2017072 - Ord2017-20, Resolution ApprovingFindings indings of Fact for the Rezoning of Land located at 3835 Dallas Lane (2017072 — Res2017-317), Resolution Approving a Preliminary Plat for Lake West Development, LLC for Property located at 3835 Dallas Lane (2017072 — Res2017-318), and a Resolution Approving Summary Publication of Ordinance No. 21, (Res2017-319). With all members voting in favor, the motion carried. (8.02) Ordinance Repealing Section 105.01, Subds. 52-54, Section 615, and Amending Sections 1010 and 1135 of the City Code concerning Massage Therapy City Clerk Engdahl reported on the request to repeal Section 105.01, Subds. 52-54, Section 615, amend Sections 1010 and 1135 of the City Code concerning massage therapy. The current language doesn't adequately address the integrity of this profession and will apply licensing and compliance enforcement. Two amendments include adding the National Accrediting Commission of Career Arts and Sciences (NCCAS) under Accredited Program and defining pedicure and manicure. She reported on the major highlights of the proposed ordinance. Public Safety Director Goldstein added the current ordinance is outdated. The proposed ordinance will allow the Police Department to do their job more effectively. The proposed language outlines the practices that are allowable, holds tenants and property owners more accountable for what is occurring with their employees, and clearly outlines what is and is not allowed. The Council suggested adding "and shorts" to Section 1135.21F in order that the language is gender neutral. City Clerk Engdahl and Public Safety Director Goldstein provided the following information in response to questions from the Council: • People who work under a medical professional do not need to be licensed. If this were taken advantage of, the ordinance could be amended at any time. • People who surrender their license or allow it to expire will be required to reapply with the City. It will be treated as a new license and will require an investigation fee. An investigative fee is not required if the license is renewed annually. • The holder of a therapeutic massage enterprise must maintain a current list of employees performing therapeutic massage. It allows the City to maintain current records and dialogue with massage therapists regarding license renewal. • With this type of profession, illegal activities can occur. It is unfortunate that the State does not license massage therapists and the burden is put on local law enforcement. • There are very few occupations where clients come in, disrobe, and have someone else manipulate parts of their body. When it occurs, they want to know who is doing it and where they are working. If an allegation comes up, they want to be able to provide the alleged victim the right services. Massage therapy requires certain training, and they support what accrediting organizations require to best protect the consumer using the Adopted Minutes Page 4 of 6 Regular Meeting of October 10, 2017 services. There are professionally operated enterprises that should be recognized for their efforts. • The required 500 hours of certified massage training is in line with today's standards. • They did compare fees to what other comparable Cities are charging. The fees cover the cost of processing applications, enforcement, and photo identifications. Licensing Technician Larrison explained what is involved with processing these licenses— application process, background investigations, corresponding with other agencies, issuing licenses, verifying places of employment and accreditation, and performing inspections and compliance checks. Diane Krump, owner of Eden's Touch Therapy, thanked the Council and staff for addressing this issue. She expressed concern with increasing the annual license fee for massage therapists from $75 to $150. As a massage center owner, instead of paying $150 for the center and individual license fee, she would be paying $450. She expressed concern with defining massage therapy as "therapeutic" massage. Mary Lokken, from PCI Academy, commented they are in a lease until 2030 in Plymouth and will teach a 600 -hour and 900 -hour massage program. She appreciates the Council taking this topic seriously and invited them to the academy when they open. She stated the word "therapeutic" does have more of a medical meaning when relating to massage. Motion was made by Councilmember Wosje, and seconded by Councilmember Prom, to adopt an Ordinance Repealing Section 105.01, Subds. 52-54, Section 615, and Amending Sections 1010 and 1135 of the City Code Concerning Massage Therap (Ord2017-22) with the following amendments (1) adding "National Accrediting Commission of Career Arts and Sciences" under Accredited Institution in Section 113 5.05, (2) adding "hand to elbow" and "foot to knee" under Section 1135.09D, (3) adding "and shorts" after "skirts" under Section 1135.21 E, and removing the increase in licensing fees for massage therapists in Section 1010, and a Resolution Approving Summary Publication of Ordinance No. 22, (Res2017-320). Motion was made by Councilmember Johnson, and seconded by Councilmember Carroll, to suspend the rules in order to hear testimony from Dave Dennison. With all members voting in favor but Prom, the motion carried. Mr. Dennison, owner of Massage Envy, commented it would be helpful to have the owners involved in licensing their massage therapists. He referred to Section 1135.19(E) and expressed concern that this provision threatens business more than it promotes it, and makes them take on more liability. As a larger franchise, they already follow a lot of extra guidelines, and standards have already been set. He understands that this provision is needed on the business side, but it is not the same for a franchise. Regarding the standard of two or more massage therapists employed within that 12 -month range having their license revoked, it does not encourage him to hire male massage therapists since 99% of incidents involve either a male therapist or client. This language could be seen as discriminatory to the business owner and other employers. He suggested it be changed to separate franchises and business or remove it completely. He also Adopted Minutes Page 5 of 6 Regular Meeting of October 10, 2017 stated it is currently taking five to 10 business days for license approvals and businesses are taking a loss because of it. Public Safety Director Goldstein stated there have been instances where two or more massage therapists from the same massage therapist enterprise have had their licensed revoked within a 12 -month period, but it does not happen often. The language in the ordinance helps to hold the business owner responsible for activities in their establishment. The Council voted on the motion. With all members voting in favor but Davis, the motion carried. Reports and Staff Recommendations There were no reports and staff recommendations. Adjournment Deputy Mayor Wosje adjourned the Regular Meeting at 9:04 p.m. ' •�.Clerk Adopted Minutes Page 6 of 6 Regular Meeting of October 10, 2017