The URL can be used to link to this page

Home My WebLink AboutCity Council Packet 01-09-2024 SpecialCity Council 1 of 1 January 9, 2024 CITY OF PLYMOUTH AGENDA Special City Council January 9, 2024, 6:00 PM 1.CALL TO ORDER 2.TOPICS 2.1 Closed Meeting per State Statute 13D.05, subdivision 3(b), attorney-client privilege to discuss threatened litigation by Eagle Brook Church with respect to its land use applications for the property at 17910 Chankahda Trail 2.2 Discuss liquor license violations penalty grid Presumptive Penalty Grid Comparables Presentation 2.3 Discuss massage enterprise license limits 2.4 Review Deputy Mayor, Council Coordinating Representatives and other agency appointments for 2024 Role of Council Coordinating Representative Resolution 2.5 Set future study sessions January February March 3.ADJOURN 1 Special City Council January 9, 2024 Agenda Number:2.1 To:Dave Callister, City Manager Prepared by:Jodi Gallup, City Clerk/Administrative Coordinator Reviewed by:Maria Solano, Deputy City Manager Item:Closed Meeting per State Statute 13D.05, subdivision 3(b), attorney-client privilege to discuss threatened litigation by Eagle Brook Church with respect to its land use applications for the property at 17910 Chankahda Trail 1.Action Requested: The City Council may enter into a closed session pursuant to Minn. Stat. 13D.05, subd. 3(b) for a confidential, attorney-client privileged discussion of threatened litigation by Eagle Brook Church with respect to its land use applications for the property at 17910 Chankahda Trail. 2.Background: There is a need for a discussion between legal counsel and the City Council regarding the substance of the lawsuit threatened by Eagle Brook Church, including potential litigation strategy and the need to protect the city’s rights. Balancing the purpose of the Open Meeting Law against the need for absolute confidentiality, the provisions of Minn. Stat. 13D.05, subd. 3(b) are satisfied. 3.Budget Impact: N/A 4.Attachments: 2 Special City Council January 9, 2024 Agenda Number:2.2 To:Dave Callister, City Manager Prepared by:Erik Fadden, Public Safety Director Reviewed by:Erik Fadden, Public Safety Director Item:Discuss liquor license violations penalty grid 1.Action Requested: Provide direction on potential ordinance amendment for the liquor license violations penalty grid 2.Background: At the August 8, 2023 council meeting, a public hearing was held to discuss the possible revocation of a liquor license for repeated violations related to underage sales. During the discussion, the council asked to compare other municipalities presumptive penalties to the City of Plymouth and requested a future study session to review Plymouth's city code related to liquor license penalties. The attachment shows liquor license presumptive penalty grids for neighboring and comparable cities. 3.Budget Impact: N/A 4.Attachments: Presumptive Penalty Grid Comparables Presentation 3 DATE: January 9, 2024 TO: Mayor Wosje and Plymouth City Council FROM: Erik Fadden, Public Safety Director SUBJECT: Liquor License Violations - Presumptive Penalty Comparison City of Plymouth (Within 36 Months) First Violation: $500.00 and 5 days stayed suspension Second Violation: $1,000.00- and 5-days suspension Third Violation: $2,000.00- and ten-days suspension Fourth Violation: Revocation Maple Grove (Within 36 months) First Violation: Mandatory 2 day suspension (On Sale), Up to 2 day suspension (Off Sale) Second Violation: Mandatory min. 5 day suspension (On Sale), Up to 5 day suspension (Off Sale) Third Violation: Mandatory min. 10 day suspension (On Sale), Up to 10 day suspension (Off Sale) Fourth Violation: Mandatory Revocation for any licensee MEMO PLYMOUTH POLICE DEPARTMENT 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 554457 4 Eden Prairie: (Within 24 months) First Violation: $500.00 Second Violation: $1,000.00 Third Violation: $1,500.00, plus two-day suspension of license Fourth Violation: $2,000.00, plus a suspension of not less than 5 days nor more than 60 days or revocation as determined by the City Council. Blaine: (Within 24 months) First Violation: $500.00 & 2 day suspension OR $1,000 fine (Licensee Choice) Second Violation: $1,000.00 & 5-day suspension OR $2,000 fine (Licensee Coice) Third Violation: Mandatory 10-day suspension Fourth Violation: Subject to revocation at Council Discretion St. Louis Park: (Within 36 months) First Violation: $2,000 fine Second Violation: $2,000 and 1 day suspension Third Violation: $2,000 and 3 day suspension Fourth Violation: Revocation Bloomington: (Within 5 years) First Violation: $1,000 fine and may revoke or suspend up to 60 days. Second Violation: $1,250 Fine for second in 5 years, and may revoke or suspend up to 60 days. Third Violation: $2,000 Fine for third in 5 years, and may revoke or suspend up to 60 days. Fourth Violation: $2,000 Fine for fourth in 5 years, and may revoke or suspend up to 60 days. 5 Minnetonka: Full Liquor Licenses (Different Schedule for 3.2 beer/wine and Taprooms) First Violation: On Sale: $500 Fine and 1 day suspension Off Sale: $750 Fine Second Violation: On Sale: $1000 Fine and 3-days suspension Off Sale: $1500 Fine and 1-day suspension Third Violation: On Sale: $2000 Fine and 10-days suspension Off Sale: $2000 Fine and 6-days suspension Fourth Violation: Revocation on all Edina: (Within 24 months) First Violation: $500.00 Fine Second Violation: $1000 Fine and 3-days suspension Third Violation: $2000 Fine and 7-days suspension Fourth Violation: Revocation Brooklyn Park (Within 24 months) First Violation: $500.00 Fine Second Violation: $750 Fine and 3-days suspension Third Violation: $1000 Fine and 7-days suspension Fourth Violation: $1250 and 30-days suspension Fifth Violation $1500 and Revocation 6 Roseville (Within 36 months) First Violation: $1000 Fine Second Violation: $2000 Fine and 3-days suspension Third Violation: $2000 Fine and 7-days suspension Fourth Violation: Revocation Woodbury Any Violation: Up to $2000 fine and up to 60-days suspension or revocation Lakeville (within 24 months) First Violation: $750.00 Fine Second Violation: $1000 Fine and 3-days suspension Third Violation: $1500 Fine and 6-days suspension Fourth Violation: Revocation 7 Liquor License Civil Penalties January 9, 2024 1 8 Overview •A public hearing was held at the August 8, 2023 City Council Meeting to discuss the possible revocation of a liquor license. •During the discussion, Council inquired as to how Plymouth penalties compared to other municipalities 2 9 Comparable Cities (Population*) •Plymouth (81,026) •Minnetonka (53,781) •Maple Grove (70,253) •Eden Prairie (64,198) •Blaine (70,222) •St. Louis Park (50,010) 3 •Bloomington (89,987) •Edina (53,494) •Brooklyn Park (86,478) •Roseville (36,254) •Woodbury (75,102) •Lakeville (69,490) * 2020 Census Data (www.census.gov) 10 Review of data •Consistency •Increased penalties with subsequent violations •Focused on penalties for furnishing alcohol to minors violations 4 11 Comparable Fines* •First Offense •Range: $500 -$2,000 •Most Common: $500 (6 cities) •Plymouth: $500 •Third Offense •Range: $1,000-$2,000 •Most Common: $2,000 (8 Cities) •Plymouth: $2,000 5 •Second Offense •Range: $750-$2,000 •Most Common: $1,000 (6 cities) •Plymouth: $1,000 •Fourth Offense •Range: $1,250-Revocation •Most Common: Revocation (9 cities) •Plymouth: Revocation *Woodbury City Code indicates a range of no fine to $2,000 for any offense. 12 Comparable Suspension/ Revocation •First Offense •Range: 0-5 days •Most Common: 0 (7 cities) •Plymouth: 5 days stayed •Third Offense •Range: 2-10 days •Most Common: 10 days (4 Cities) •Plymouth: 10 days 6 •Second Offense •Range: 0-5 days •Most Common: 3 days (5 cities) •Plymouth: 5 days •Fourth Offense •Range: 30 days -Revocation •Most Common: Revocation (9 cities) •Plymouth: Revocation *Woodbury and Bloomington city codes allow a range of 0 days suspension to revocation for any offense. 13 Comparable Fine Data 7 City 1st Offense 2nd Offense 3rd Offense 4th Offense 5th Offense Brooklyn Park 500 750 1000 1250 1500 Eden Prairie 500 1000 1500 2000 N/A Plymouth 500 1000 2000 Revocation N/A Blaine 500 1000 N/A*Revocation N/A Minnetonka On-Sale 500 1000 2000 Revocation N/A Edina 500 1000 2000 Revocation N/A Lakeville 750 1000 1500 Revocation N/A Bloomington 1000 1250 2000 2000 N/A Roseville 1000 2000 2000 Revocation N/A St. Louis Park 2000 2000 2000 Revocation N/A Woodbury 0-2000 0-2000 0-2000 0-2000 N/A Maple Grove 0-2000 0-2000 0-2000 Revocation N/A * Mandatory 10-day suspension 14 Comparable Suspension/Revocation Data 8 City 1st Offense 2nd Offense 3rd Offense 4th Offense 5th Offense Eden Prairie 0 0 2 5-Revocation N/A St. Louis Park 0 1 3 Revocation N/A Brooklyn Park 0 3 7 30 Revocation Lakeville 0 3 6 Revocation N/A Edina 0 3 7 Revocation N/A Roseville 0 3 7 Revocation N/A Plymouth 5 (Stayed)5 10 Revocation N/A Minnetonka On-Sale 1 3 10 Revocation N/A Blaine 2 5 10 Revocation N/A Maple Grove 2 5 10 Revocation N/A Bloomington 0-60 or Revocation 0-60 or Revocation 0-60 or Revocation 0-60 or Revocation N/A Woodbury 0-60 or Revocation 0-60 or Revocation 0-60 or Revocation 0-60 or Revocation N/A 15 •Questions? 9 16 Special City Council January 9, 2024 Agenda Number:2.3 To:Dave Callister, City Manager Prepared by:Erik Fadden, Public Safety Director Reviewed by:Erik Fadden, Public Safety Director Item:Discuss massage enterprise license limits 1.Action Requested: Discuss potential ordinance amendment removing the massage enterprise license limit from city code. 2.Background: City Code 1135.07 limits the number of therapeutic massage enterprise licenses within the city to not exceed 15. Over the past year, the police department has received several calls from individuals and businesses interested in opening a new massage business in the City of Plymouth, but the city is at its maximum license limit per city code and cannot issue any new licenses. The 15 enterprise license limit was put into place in 2017 when the city was seeing issues with illegal massage businesses. In surveying 16 other comparable cities, the cities of Plymouth and Blaine are the only two cities with license limits. In June, 2023, the council discussed the massage ordinance at length after a local business voiced concerns over the educational requirements for massage therapist and massage enterprise license holders. The current ordinance language and recent changes to educational requirements for applicants have been very effective in allowing only legitimate massage therapists to become licensed in the City of Plymouth. Staff believes the other provisions in the city code have helped control illegal massage businesses within the community and the license limit restriction is no longer necessary. 3.Budget Impact: N/A 4.Attachments: 17 Special City Council January 9, 2024 Agenda Number:2.4 To:Dave Callister, City Manager Prepared by:Jodi Gallup, City Clerk/Administrative Coordinator Reviewed by:Maria Solano, Deputy City Manager Item:Review Deputy Mayor, Council Coordinating Representatives and other agency appointments for 2024 1.Action Requested: Begin discussing appointments at the study session to more efficiently act on the adoption of the resolution at the regular meeting. 2.Background: Discuss and select a Deputy Mayor, individuals for the Council coordinating representatives and other agency appointments for 2024. A column has been added to the draft resolution showing the 2023 appointments for reference. 3.Budget Impact: N/A 4.Attachments: Role of Council Coordinating Representative Resolution 18 Role of Council Coordinating Representative The City of Plymouth is a home rule charter city operating under the Council-Manager form of government. Under this plan the City Council is the policy-establishing legislative body. To assist in obtaining information required to make policy decisions, the City Council is advised by voluntary advisory commissions. To be well informed, the Council must also maintain a close liaison between itself and other organizations, agencies and governmental bodies serving City residents. Consequently, the Council has deemed it appropriate to establish Council Coordinating Representatives (CCR’s). Each Councilmember is assigned as a CCR to one or more bodies annually, generally in January. The singular, essential function of a CCR is to assure two-way communication between the City Council and the body to which the Council member serves as CCR. In performing this function, the CCR must be both a listener and communicator. To keep the Council appropriately advised of that body’s activities, the Council member must be aware of issues which have or will be facing the body, the objectives of the organization, its resources and other matters which might influence the organization’s ability, desire, or capacity to accomplish its day-to-day ends. With this information, the CCR is able to both provide the Council with information and actions taken by the body, as well as an appreciation for why or how those actions took place, and what may be expected in the future. The CCR must also be a good listener to advise the Council of the impact of its actions, positions, plans or lack of action upon that respective body. This is essentially a matter of maintaining a high degree of trust and cooperation. A CCR is also responsible for advising the body of the City Council’s positions on various issues, and the impact that the body’s action may have on the City. To be an effective CCR, the Council member should periodically expect to provide other Councilmembers with a short verbal report to keep them advised of the actions or conditions affecting the body or agency they represent. 19 CITY OF PLYMOUTH RESOLUTION NO. 2024- RESOLUTION APPOINTING DEPUTY MAYOR, COUNCIL COORDINATING REPRESENTATIVES AND REPRESENTATIVES TO OTHER AGENCIES BE IT RESOLVED by the Plymouth City Council that the following appointments are made for 2024: Board/Commission/Agency 2023 Appointments 2024 Appointments Deputy Mayor Davis Planning Commission Pointner Park & Recreation Advisory Commission Davis Environmental Quality Committee Gregor Housing and Redevelopment Authority Wosje School District 279 (Osseo)McGregor School District 281 (Robbinsdale)Pointner School District 284 (Wayzata)Gregor School District 270 (Hopkins)Davis Municipal Legislative Commission (one elected and one appointed) Wosje (elected) Callister (appointed) Northwest Suburban Cable Comm. (one elected and one appointed) Willis (elected) Kastner (appointed) Northwest Suburbs Community Access Corp.Kastner Suburban Rate Authority McGregor (elected) Thompson (alternate) Plymouth Civic League Wosje Suburban Transit Association Peterson (elected) Gregor (elected alternate) APPROVED by the City Council on this 9th day of January, 2024. 20 Special City Council January 9, 2024 Agenda Number:2.5 To:Dave Callister, City Manager Prepared by:Jodi Gallup, City Clerk/Administrative Coordinator Reviewed by:Maria Solano, Deputy City Manager Item:Set future study sessions 1.Action Requested: Schedule study sessions and/or add topics as desired. Calendars are attached to assist with scheduling. 2.Background: Pending study session topics (at least three council members have approved the following study items on the list): - None at this time. Other council requests: - None at this time. Staff requests for special meeting topics and/or changes: - None at this time. 3.Budget Impact: N/A 4.Attachments: January February March 21 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 January 2024 3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR 763-509-5080 plymouthmn.gov 7:00 PM PLANNING COMMISSION MEETING Council Chambers SUN TUES MON WED THUR FRI SAT CHANGES ARE NOTED IN RED NEW YEAR’S DAY CITY OFFICES CLOSED 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE MEETING Medicine Lake Room 5:30 PM SPECIAL COUNCIL MEETING Committee and Commission Recognition Event Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers 6:00 PM SPECIAL COUNCIL MEETING Penalty grid for license violations/ Massage ordinance discussion Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers DR. MARTIN LUTHER KING JR.DAY CITY OFFICES CLOSED 7:00 PM PLANNING COMMISSION MEETING Council Chambers 6:00 PM PARK & REC ADVISORY COMMISSION MEETING Council Chambers 7:00 PM HOUSING AND REDEVELOPMENT AUTHORITY MEETING Council Chambers 4:00 PM COUNCIL WORKSHOP TBD 5:30 PM SPECIAL HRA MEETING Gleason Lake Room 22 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 SUN TUES MON WED THUR FRI SAT February 2024 3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR 763-509-5080 plymouthmn.gov 7:00 PM HOUSING AND REDEVELOPMENT AUTHORITY MEETING Council Chambers PRESIDENTS DAY CITY OFFICES CLOSED 5:00 PM CLOSED COUNCIL MEETING City Manager Annual Performance Evaluation City Hall 7:00 PM REGULAR COUNCIL MEETING Council Chambers 7:00 PM PLANNING COMMISSION MEETING Council Chambers 6:00 PM PARK & REC ADVISORY COMMISSION MEETING Council Chambers 7:00 PM REGULAR COUNCIL MEETING Council Chambers 7:00 PM PLANNING COMMISSION MEETING Council Chambers 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE MEETING Medicine Lake Room PRECINCT CAUCUS 7:00 PM SPECIAL CHARTER COMMISSION MEETING Medicine Lake Room 23 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 March 2024 3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR 763-509-5080 plymouthmn.gov SUN TUES MON WED THUR FRI SAT 7:00 PM PLANNING COMMISSION MEETING Council Chambers 7:00 PM REGULAR COUNCIL MEETING Council Chambers 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE MEETING Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers 7:00 PM HOUSING AND REDEVELOPMENT AUTHORITY SPECIAL MEETING Council Chambers PRESIDENTIAL NOMINATION PRIMARY ELECTION Polls Open 7:00 AM to 8:00 PM 7:00 PM PLANNING COMMISSION MEETING Council Chambers 6:00 PM PARK & REC ADVISORY COMMISSION MEETING Council Chambers 24