HomeMy WebLinkAboutCouncil Information Memorandum 08-17-2023 CITY OF PLYMOUTH
COUNCIL INFO MEMO
August 17, 2023
EVENTS / MEETINGS
Housing & Redevelopment Authority Agenda for August 24 .................................... Page 2
Official City Meeting Calendars .................................................................... Page 4
Tentative List of Agenda Items ..................................................................... Page 7
CORRESPONDENCE
Representative Ginny Klevorn is Selected as the League of Minnesota Cites
Legislator of Distinction for 2023 ............................................................... Page 9
REPORTS & OTHER ARTICLES OF INTEREST
What Do GreenSteps, Liquor License Suspension,
and Bees Have in Common?, Sun Sailor ...................................................... Page 11
Housing and Redevelopment Authority 1 of 2 August 24, 2023
CITY OF PLYMOUTH
AGENDA
Regular Housing and Redevelopment Authority
August 24, 2023, 7:00 PM
1. CALL TO ORDER
2. PUBLIC FORUM—Individuals may address the HRA about any item not contained on the regular
agenda. A maximum of 15 minutes is allotted for the Forum. If the full 15 minutes are not needed for the
Forum, the HRA will continue with the agenda. The HRA will take no official action on items discussed at
the Forum, with the exception of referral to staff for future report.
3. APPROVE AGENDA —HRA members may add items to the agenda for discussion purposes or staff
direction only. The HRA will not normally take official action on items added to the agenda.
4. CONSENT AGENDA —These items are considered to be routine and will be enacted by one motion.
There will be no separate discussion of these items unless HRA member or citizen so requests, in which
event the item will be removed from the Consent Agenda and placed elsewhere on the agenda.
4.1 HRA Minutes
Housing & Redevelopment Authority Minutes (06-22-2023)
4.2 Accept Plymouth Towne Square monthly housing report and financials
HRA Report July 2023 (PTS)
4.3 Accept Vicksburg Crossing monthly housing report and financials
HRA Update July 2023 (VC)
5. PUBLIC HEARINGS
5.1 2022 Community Development Block Grant (CDBG) Consolidated Annual
Performance and Evaluation Report (CAPER) and Notice of Annual Citizen
Participation Meetings
2022 CAPER draft
Households Assisted Table
HRA Resolution 2023-07 (CDBG 2022 CAPER) 8-24-2023
2022 CDBG CAPER Public Hearing Notice (8-24-2024)
6. NEW BUSINESS
6.1 Discussion: Proposed Moderate-Income Housing Policy
DRAFT Moderate-Income Housing Policy
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Housing and Redevelopment Authority 2 of 2 August 24, 2023
7. UPDATES
7.1 Staff updates
8. ADJOURNMENT
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August 2023
3400 Plymouth Boulevard Plymouth, MN 55447 763-509-5080plymouthmn.gov
SUN TUES MON WED THUR FRI SAT
7:00 PM ENVIRONMENTAL QUALITY COMMITTEE MEETING Medicine Lake Room
7:00 PM PLANNING COMMISSION MEETING Council Chambers
7:00 PM REGULAR COUNCIL MEETING Council Chambers
7:00 PM HOUSING AND
REDEVELOPMENT
AUTHORITY
MEETING
Council Chambers
5:00 PM SPECIAL COUNCIL MEETING Budget discussion Medicine Lake Room
7:00 PM REGULAR COUNCIL MEETING Council Chambers
OFFICIAL CITY CALENDAR
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September 2023
3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR 763-509-5080plymouthmn.gov
SUN TUES MON WED THUR FRI SAT
CHANGES ARE MADE IN RED
LABOR DAY
CITY OFFICES CLOSED
5:00 PM SPECIAL COUNCIL MEETING Plymouth Ice Center 4th sheet of ice discussion/Boards and Commissions Council involvement Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers
6:00 PM PARK & REC ADVISORY COMMISSION MEETING Council Chambers
7:00 PM HOUSING AND
REDEVELOPMENT
AUTHORITY
MEETING
Council Chambers
7:00 PM ENVIRONMENTAL QUALITY COMMITTEE MEETING Medicine Lake Room
5:00 PM SPECIAL COUNCIL MEETING Budget discussion Medicine Lake Room
7:00 PM REGULAR COUNCIL MEETING Council Chambers
7:00 PM PLANNING COMMISSION MEETING Council Chambers
7:00 PM PLANNING COMMISSION MEETING Council Chambers
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SUN MON TUE WED THU FRI SAT
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October 2023
3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR 763-509-5080plymouthmn.gov
6:00 PM PARK & REC ADVISORY COMMISSION MEETING Parks Tour
SUN TUES MON WED THUR FRI SAT
5:00 PM SPECIAL COUNCIL MEETING Council policies review Medicine Lake Room
7:00 PM REGULAR COUNCIL MEETING Council Chambers
CHANGES ARE NOTED IN RED CHA
7:00 PM ENVIRONMENTAL QUALITY COMMITTEE MEETING Medicine Lake Room
7:00 PM HOUSING AND
REDEVELOPMENT
AUTHORITY
MEETING
Council Chambers
7:00 PM PLANNING COMMISSION MEETING Council Chambers
5:00 PM SPECIAL COUNCIL MEETING Budget discussion Medicine Lake Room
7:00 PM REGULAR COUNCIL MEETING Council Chambers
7:00 PM PLANNING COMMISSION MEETING Council Chambers
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Tentative Schedule for
City Council Agenda Items
September 12, Special 5:00 p.m., Medicine Lake Room
•2024/2025 Budget – Levy impacted funds and related CIP
September 12, Regular, 7:00 p.m., Council Chambers
•Swearing in of Career and PT/OC Firefighters (Deputy City Clerk Amy Gottschalk)
•Designate engineer for Station 73 Transit and Eagle Lake Regional Trail Improvement Project
Final Design and Bidding (ST230003)
•Approve purchase of fire engine
•Adopt ordinance amending chapter XXI of the city code, regarding accessory dwelling units,
resolution approving summary publication and resolution approving findings of fact
September 26, Special 5:00 p.m., Medicine Lake Room
•Plymouth Ice Center 4th sheet of ice discussion
•Board and Commission involvement with Council discussion
September 26, Regular, 7:00 p.m., Council Chambers
•Presentation from Wayzata Public Schools Superintendent Chace Anderson
•Public hearing for certification of delinquent utility accounts, false alarms, tree removals,
and weed eradication charges
October 10, Special 5:00 p.m., Medicine Lake Room
•Council policies review – including Special Assessment Policy, Charitable Gambling Funds,
Vendor RFP, etc.
October 10, Regular, 7:00 p.m., Council Chambers
•Adopt ordinance amending City Code section 600 concerning garbage and rubbish disposal
October 24, Special 5:00 p.m., Medicine Lake Room
•2024/2025 Budget – Enterprise funds with utility study and related CIP
October 24, Regular, 7:00 p.m., Council Chambers
November 14, Special 5:00 p.m., Medicine Lake Room
•2024/2025 Budget – Internal service funds and related CIP
November 14, Regular, 7:00 p.m., Council Chambers
November 28, Special 5:00 p.m., Medicine Lake Room
•2024/2025 Budget – final review if needed
•Review Board and Commission applications
November 28, Regular, 7:00 p.m., Council Chambers
•Approve 2024 regular City Council meeting schedule
•Review 2024 legislative priorities
•Approve final closeout for County Road 47 Reconstruction Project - Phase 1 (ST220001)
December 5, Special 5:00 p.m., Medicine Lake Room
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•Interview Board and Commission applicants
December 12, Special 5:00 p.m., Medicine Lake Room
December 12, Regular, 7:00 p.m., Council Chambers
•Swearing in PT/OC Firefighters (City Clerk Jodi Gallup)
•Adopt final levies and budget
•Approve 2024 tobacco licenses
•Approve 2024 refuse hauler licenses
•Approve 2024 target and trap shoot license
•Accept park and recreation donations for 2023
•Adopt polling locations for 2024 elections (if needed)
•Approve final closeout for Hidden Lake and Beacon Heights 2nd Street Reconstruction Project
(ST229001)
•Approve final closeout for 2022 Vicksburg Lane Improvements (ST229005)
•Approve final closeout for 2020 Street Reconstruction Project (ST209001)
•Approve final closeout for Ridgemount Avenue Rehabilitation Project (ST210002)
Date to be determined:
•Closed Session – Labor Negotiations
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What do GreenSteps, liquor license
suspension, and bees have in common?
By: Kaitlin McCoskey August 16, 2023
All three were covered thoroughly at the Aug. 8 Plymouth City Council meeting
The Plymouth City Council covered quite a bit of ground at its Aug. 8 meeting. From joining the
Green Steps Cities program, to suspending a liquor license for serving underage guests, to
beekeeping in the city, there was no shortage of topics to discuss .
A greener Plymouth
Arguably the biggest moment from the Aug. 8 City Council meeting was the vote to join the
GreenStep Cities program, a topic that has been discussed in and around the Council for years
now. In a 5-2 vote in favor, Plymouth officially joined in the program.
According to the meeting packet on this matter, “Minnesota GreenStep Cities is a voluntary
program to help cities track sustainability and quality-of-life goals.
“Over 145 Minnesota communities are currently participating in the program, including:
Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Maple Grove, Minnetonka, St. Louis Park,
and Woodbury. The GreenStep Cities program is free and voluntary, and each city can complete
best management practices (BMPs) or steps at its own pace.”
More information about GreenStep Cities can be found at greenstep.pca.state.mn.us.
According to the meeting packet, Plymouth already performs several of these BMPs, but “staff
believes participation in the program could help the city further track progress on BMPs,
provide ideas for potential future BMPs, and recognize the environmental stewardship efforts
of the city.”
According to city staff, the Council elected not to join GreenStep Cities in 2019, but expressed a
more pressing interest in joining at the July 25 study session of this year.
Deputy Public Works Director Chris LaBounty presented this information to the council, sharing
that this five-step recognition program includes 29 BMP’s to pick from along with 175 uni que
actions the city could take to get to the fifth step.
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“For a city of our size, to make it to Step 2, we must complete eight of the best practices and
then submit the documentation of what those are to the NPCA through their program,”
LaBounty said. “So as I mentioned, we’re around 20 right now, we have the eight minimum to
get to a Step 2, we just need to go through the process of documenting and describing that.”
With the knowledge that Plymouth would already be guaranteed a Step 2 status, Mayor Jeff
Wosje asked what the cost would be to then move on to Step 3 .
“As we would continue to progress our involvement towards environmental sustainability, we
will be looking at proposing an additional staff person in 2024 to uplead those efforts,”
LaBounty answered. “In terms of changes to our operational plans, to move to a Step 3 we’re
required to adopt formal plans as a community.”
Three residents spoke regarding this item, all three thanking the Council for considering joining
the program and encouraging them to do so.
“I do think taking this step demonstrates that this community has a commitment to making this
a priority, and I’m really excited about that,” Ward 2 Council Member Julie Peterson said.
Council Member At Large Clark Gregor echoed these sentiments, and Ward 4 Council Member
Julie Pointner enthusiastically made a motion to adopt participation in the program.
Mayor Jeff Wosje did not share this enthusiasm.
“My thought four years ago was that we can make a lot of good progress, we don’t need a
formula or a step process or be part of this regional program in order to do what’s right for
Plymouth,” Wosje said.
He continued: “We use the GreenStep Cities steps, we have up to this point used those as a
reference guide, we look at those and we get ideas from those. Here’s my fear, is that all of a
sudden we’re going to put in this step program and we’re not going to look to see w hat’s best
for Plymouth, we’re going to say we need to do these steps just so we can get to the next
stage.”
He added his respect for those council members who do agree that it should be a priority.
Ward 1 Council Member Alise McGregor agreed with Wosje, citing that she had not heard a
large shift in support from constituents and did not want to be “putting more on (city) staff.”
Ward 3 Council Member Jim Davis shared that he supported joining the program back in 2019,
and was enthusiastic to support the motion again.
“To be honest, I think the two of you are being short-sighted,” he responded to Wosje and
McGregor. “Every night I watch the evening news and all they talk about is ‘110 degrees in
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Phoenix for 30 days,’ and if we don’t get on board and do things – and all this is, is a list of
recommendations – I think it’s good, we should do something. We have the power and the
money to affect the future.”
“I urge you (both) to vote yes on this,” he said. “I can’t wait to see the signs that go up along
169 that say, ‘Plymouth is a GreenStep city.’”
Underage liquor sales
Emagine Willow Creek movie theater, at 9900 Shelard Parkway, had their liquor license
suspended for six months with a $2,000 fine at the Council meeting. The suspension follows
the business’ fourth failed compliance check within a three year time frame for serving
underage guests.
According to Plymouth Police Chief Erik Fadden, Emagine Willow Creek previously committed
three compliance failures in October 2021, December 2021, and February 2022. The most
recent transgression occurred July 12.
According to Section 1201.43, Subd. 1B of the City Code, violations of Plymouth liquor license
ordinances include $500 and 5 days suspension for the first violation, $1,000 and 5 days
suspension for the second, $2,000 and 10 days suspension for the third, and revocation for the
fourth.
City Attorney Sorren Mattick commented, “In your ordinance you’ve decided ahead of time ...
to create uniformity in punishments, so we’re not playing favorites. It’s right there when you
apply, you know what to expect if you violate it. And so there is a presumptive penalty, and it
says if you’ve violated it four times within three years, you’ve shown that you don’t have the
capacity to properly manage a liquor license.
“I know that there’s always explanations and reasons why, but for better or worse, it happened
four times.”
The owner of the Emagine theater in question, Jon Goldstein, did share a reason for the
transgression, citing a medication complication with the employee who most recently served to
an underage undercover city employee and police officer.
He explained at length that this situation is “rare” for him, that he’s had liquor licenses “for 20
years,” and that a violation of this license was “what kept (him) up at night” at that time,
“thinking about what could happen by somebody entrusting you to that kind of responsibility.”
Goldstein explained that he has “15 liquor licenses now in 15 different buildings,” and that “this
is the only time I’ve ever had to come in front of anybody to explain myself or my business.”
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“What we try to teach our employees is how serious this is and how seriously we take it,” he
said, citing “holes in (Emagine’s) systems” after the COVID-19 pandemic as the reason for the
previous three transgressions.
“Once that happened, for the last 16 months, we’ve had every single thin g in place we could
possibly have to prevent this from happening,” Goldstein said.
The police chief told the Council that the last time an incident like this occurred in Plymouth
was in December 2017, and that it is “infrequent.”
The Council discussed a number of sides to the issue, with Council Member At Large Jim Willis
noting the separation between employees actions and the severity the business owner may
approach their license with. McGregor highlighted the roughly 16 months of successful
compliance since changing the company’s procedures. Davis said a revocation would be like the
“death penalty for the business.” All three said they’d support a suspension over a revocation.
Peterson responded to this notion, advising the Council that “To date, at each o f the violations
we’ve done exactly what the ordinance has recommended, with respect to the stay, the fines,
the time periods. We should be mindful of the precedent that is involved, and if I’m the
organization for whom we revoked that license in 2017 and I’m hearing that we’re taking a
different approach this time, I’m wondering why.”
Peterson also noted that Emagine was not nearing the three-year time mark either, that this
fourth transgression happened closer to a two-year timeframe.
Pointner agreed, saying the only reason she might agree with breaking from the ordinance
would be considering that Emagine is a movie theater, not a bar or restaurant where people are
going and sitting specifically to drink.
Mayor Wosje added, “I guess my view on this is that – to what has been referenced by what our
city attorney said – there is an item of being consistent. It’s very rare for us, as we’ve heard, to
get to a fourth violation where there’s revocation. My view is that, to where there’s a lot of
trust placed, the city has trust there, and that trust has been egregiously violated.”
Wosje added that he’d be in favor of a full revocation, that the Council is there to “apply an
ordinance,” not “pick winners and losers,” while wanting the success of local businesses.
Ultimately, the Council considered these viewpoints and proposed a six-month suspension of
Emagine’s liquor license along with a $2,000 fine, while expecting to reexamine the ordinance
penalties so as not to have to deviate from it in the future. The only council member who voted
against this was Davis.
Mattick also clarified that if Emagine were to commit another violation before the six months
passed, the Council could examine it freshly and elect to revoke the license.
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On the best bee-havior
Another issue examined by the Council Aug. 8 was an amendment to chapters X and XXI of the
City Code, the portion “allowing for the keeping of bees on residential and public/institutional
properties,” according to the meeting packet .
City staff reported, “The City Council met on May 23, 2023 and directed staff to draft an
ordinance to approve beekeeping. The Planning Commission met on June 21, 2023, held a
public hearing regarding the proposed amendments, and recommended approval of
beekeeping. Staff has received two resident comments in favor of beekeeping and has spoken
to the Bee Lab at the University of Minnesota regarding the draft regulations. If approved, staff
will bring a resolution regarding summary publication to the Aug. 22 meeting.”
This matter had come before the Council previously, along with a similar ordinance regarding
chicken-keeping.
According to Planning and Development Director Chloe McGuire, “The City of Plymouth
considered amendments to the beekeeping code back in 2021, at the same time as a chicken
ordinance, and decided to just pass the chicken ordinance at that time.”
McGuire noted the benefits to the environment and the city’s sustainability from beekeeping,
sharing that honey bees are responsible for pollinating 50% of the crops people consume, as
well as providing food for local bird populations. Financial incentives also benefit residents who
choose to bee keep.
McGuire further shared that the proposed amendment would include an administrative
application with a $100 fee and a 14-day notification to neighbors for an objection period. If an
objection is received, the matter would come before the Planning Commission and City Council,
if not, a two-year permit would be issued with no cost for renewal.
Along with the application for this permit would be a site/hive location plan, evidence of an
educational course on beekeeping, and a bee management plan for swarm management,
disease treatment, and natural pollinator preservation.
Hives would only be allowed on residential and public/institutional properties only, with a 10 -
foot setback from property lines required. A two-hive submission limit would be put in place, as
well as a four-hive maximum.
Wosje noted the 10-foot setback, which is set at 20 feet for chicken keeping. McGuire shared
this is because “chickens are a lot noisier and provide an opportunity for more nuisan ces.”
“I have a question around setbacks,” Wosje said. “I know when we did the chicken ordinance
we set it back, I think it was proposed to be closer.
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“My concern with this – changing this ordinance – is that there’s many people that will have
neighbors that have small kids that would just be plain nervous about having beehives right
next to them. My preference would be at least to push that back so it’s more consistent with
the chicken (ordinance).”
Pointner agreed with Wosje’s hesitation, asking “Didn’t we have a six-foot high barrier originally
around (the hives)?”
McGuire clarified that there was a “flyaway barrier,” and that while it was removed by the
Planning Commission because “bees are just going to fly where they want to fly anyways.” He
added that it would be “more for the neighbor than an actual impact” and that city staff would
not be opposed to adding it back in.
McGregor and Pointner specifically seemed more comfortable supporting a motion with the
barrier added back in, while Gregor noted that other stinging insects will be out in nature for
people to encounter anyways, and therefore he would support it either way.
McGregor commented on the matter, saying “I voted against (this) specifically the (last) time
when we talked about chickens, however I think that I’ve had two residents reach out in
support of the ordinance and, while bees concern me personally, it’s not my decision as to what
people want to do in their homes.” She noted that she hadn’t heard any objection, so she
supported the motion.
Similarly, Davis commented that while he had personal “objections,” he “hadn’t heard any
objections from anybody in Ward 3” and so he would vote yes.
Ultimately, every council member besides Wosje voted in favor of the ordinance.
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