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HomeMy WebLinkAboutCity Council Packet 04-13-1999 SpecialCOUNCIL STUDY SESSION APRIL 13, 1999 7:00 PM Public Safety Training Room 1. Call to Order 7:00 pm 2. Liquor and Tobacco Ordinances 7:00 pm 3. City Court 7:45 pm 4. Policy on Funding Social Services 8:30 pm 5. Citizen Survey 9:00 pm 6. Summer Pool Passes 9:30 pm 7. Establish Future Study Session Date and Topics 9:55 pm 8. Adjourn 10:00 pm DATE: April 9, 1999 TO: Mayor and City Council FROM: Dwight D. Johnson, City Manager SUBJECT: Summary of Events Fernbrook Lane Alignment Meeting. About 50-60 people attended the April 5th open house meeting on the future alignment of Fernbrook Lane north of Schmidt Lake Road to County Road 47. We have had about 15 response forms turned in, with many favoring one of the easterly alignments, with the "E" option being mentioned the most often. There was no little or no support for the "A" or `B" alignments. Assistant City Manager applications. About 55 applications have been received as of Friday afternoon, a few hours before the deadline. After reading a number of the early applications last week, it seems that the majority have little or no public sector experience. We will begin evaluating the applications next week and our next steps. An ordinance banning phosphorous from fertilizers used in Plymouth (with a few exceptions) was approved by the Environmental Quality Committee this week, and is scheduled for the April 20th Council meeting. Development issues. After several months without major development projects on the Council agendas, two significant projects will be going to Planning Commission this week and likely coming to Council on May 4th: the next Moen-Leuer project on Medina Road and the Begin Golf Course proposal. The Moen-Leuer project is the first test of the new "no recommendation at the Planning Commission hearing" procedures recently adopted. On the Begin Oaks proposal, we made a request for further review of the trail around Mud Lake this week. Judy Begin has agreed conceptually to allowing the trail around Mud Lake to be completed adjacent to the proposed eighth hole of the golf course. Some of the link through the golf course could be completed as a boardwalk over the more shallow areas of the wetland, with a screen placed on the side of the boardwalk if needed. Agenda Number: TO: Dwight D. Johnson, City Manager FROM: Craig C. Gerdes, Director of Public Safety SUBJECT: ALCOHOL & TOBACCO COMPLIANCE CHECK VIOLATIONS DATE: April 9, 1999 for April 13, 1999 City Council Study Session 1. ACTION REQUESTED: The City Council review the information and direct staff how to proceed. 2. BACKGROUND: The City Council just completed hearings for administrative penalties for alcohol compliance check violations that occurred in 1998. During discussions of the administrative penalties for the license establishments, the presumptive penalties came under Council discussion. The issue was referred to the April Council study session. 3. ALTERNATIVES: The Council could leave presumptive penalties as they are, make changes, or eliminate the presumptive penalties entirely and deal with issues individually as they appear before the Council. 4. DISCUSSION: We will deal with the issues of alcohol and tobacco violations separately as the State Law and City Ordinance on these issues are entirely different. The State Law regarding alcohol license violations states that the City Council may impose a civil administrative penalty of up to $2,000 and/or suspension of the license for a period not to exceed 60 days or revocation of the license. The only requirements under the State Law are that the licensee is afforded an opportunity for a hearing and it requires revocation upon conviction for a felony. During 1997 the City Attorney and Staff worked with the license holders to update our City liquor ordinance in its entirety to make it easier to work with. During the discussion of the ordinance, a presumptive penalty grid was drafted in an attempt to make the penalties more understandable and establish a standard for the ease of the Council when hearings occur. This ordinance was adopted by the Council in January of 1998. The recent hearings by the Council under this section were the first ones under this new ordinance. It was apparent from discussions and actions by the Council that the presumptive penalty grid may need changing. First, the presumptive penalty grid does not include the fine. Second, the Council's actions indicate the standard penalties should be higher than that adopted. And, finally, the presumptive penalty should be dependent on the type of license held; i.e., on -sale vs off -sale and intoxicating liquor vs 3.2 beer. Based on the recent hearings by the Council, a new presumptive penalty grid sample is attached for Council information. In the tobacco Statute, on the other hand, the State gives a minimum required penalty for both the license holder and for individuals. The $2,000 fine and/or 60 day suspension or revocation does apply in all administrative penalties as a maximum. For licensees, the State Law requires a minimum $75 fine for a first offense, a $200 minimum fine for a second offense within 24 months of the first, and a $250 minimum fine for a third offense within 24 months of the first. Our City Ordinance then sets a maximum penalty for a first violation of $500 fine and/or suspension not to exceed 10 days. A maximum of $750 fine and/or suspension not to exceed 20 days for a second offense within 12 months of the first. A third violation within 12 months of the first holds a maximum fine of $1,000 and/or suspension for a period not to exceed 30 days. The City of Plymouth adopted our ordinance before the State adopted the Statute on tobacco. During their process, we testified at the Legislature to allow cities to adopt more restrictive ordinances as their original bills would have excluded cities from doing this. We were successful in our efforts and the bill was adopted allowing more restrictions by cities. One of the obvious concerns with this is that the City Ordinance compounds violations within 12 months and the State Statute compounds violations within 24 months. A violation could conceivably be a second or third violation under State Law, but again be counted as a first under our ordinance. This was determined not to be a large problem, as our maximum for a first violation could be up to $500 fine and we could ensure we met the minimums for a second or third violation ($200 or $250) under State law with this amount. Another option can also be a designated staff hearing officer for first offenses. The Council could designate the Public Safety Director to be a staff hearing officer on first offenses, meeting with the licensee and directing the presumptive penalty. Any violator could request a hearing before the Council. If the staff hearing officer believes there is substantial information to deviate from the presumptive penalty the hearing officer would request a hearing before the Council. All multiple violations or any of the violations requiring revocation on the first offense would be directed to the Council. The Council would receive affirmation of hearings by the staff hearing officer with follow-up and public reporting of both fails and passes resulting from the compliance checks. Copies of the current alcohol and tobacco 1998 violations grid are attached. 5. BUDGET IMPACT: Any changes to this would not substantially affect the budget. Fines should be directed to the General Fund and not be directed to specific programs. The Council goal remains compliance and not the development of a revenue stream. Awareness and educational programs will remain part of the Public Safety annual budget. 6. RECOMMENDATION: Staff recommends the Council review the concept of presumptive penalties for both alcohol and tobacco violations and direct staff how to proceed. For alcohol, staff recommends that Council either amend the presumptive penalties so that they are the standard for the majority of cases that come before them, with a grid based on the type of license; or that the Council eliminate the presumptive grid entirely from the ordinance. Staff also recommends the option of designated staff hearing officer for first violations. For tobacco, staff recommends the Council modify the time considerations for multiple violations to match State statute and adopt a presumptive penalty. Staff also recommends the option of designated staff hearing officer for first and second violations. If the City Council determines they would like to make ordinance changes, Staff will work with the City Attorney's office to draft ordinance amendments and bring them back to a regularly scheduled Council meeting. Staff will also notify license holders of the potential changes and work to educate them on these changes. z':1 Presumptive Penalties Grid — Alcohol: The following violations require revocation of the license on the first violation. Commission of a felony related to the licensed activity. Sale of alcoholic beverages while license is under suspension. Sale of intoxicating liquor where only license is for 3.2 percent malt liquor. The following violations fall under this violation grid broken down by type of license. Sale of alcoholic beverages to under -age persons. Sale of alcoholic beverages to obviously intoxicated person. After hours sale/display/consumption of alcoholic beverage. Illegal gambling on premises. Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages (on -sale allowing off -sale). Type ofLicense Held 1st Violation 2nd Violation 3rd Violation 4th Violation On -sale intoxicating liquor 500 and 1,000 and 2,000 and Revocation 5 -days susp 10 -days susp 15 -day susp Off -sale intoxicating liquor 500 and 1,000 and 7 2,000 and Revocation 3 days susp days susp 12 -day susp On -sale beer and wine 500 and 1,000 and 2,000 and Revocation 5 -days susp 10 -days susp 15 -day susp Off -sale 3.2 malt 1,000 and 1,500 and 2,000 and Revocation 10 -days susp 20 -days susp 40 -days susp Any violation not listed in the previous information would be heard by the Council and they would review all information and circumstances and determine a penalty with the maximum fine of $2,000 and/or 60 -day suspension or determine the license should be revoked. Presumptive Penalties Grid – Tobacco On the tobacco ordinance presumptive grid, we believe two changes should be made; that the City ordinance should be changed to match the State for how second and third violations are computed, and that a general presumptive penalty category be added.. Offenses should be counted as second or third within 24 months of the first instead of the current 12 month. We would then have the following grid for tobacco offenses: Offense Minimum (State) Presumptive Maximum (City) 1 S` violation 75 and/or 0 days susp 250 fine and 5 -day susp 500 and/or 10 days susp 2°d violation (within 24 mos) 200 and/or 0 days susp 500 fine and 10 -day susp 750 and/or 20- days susp 3`d violation (within 24 mos) 250 and/or 0 days susp 750 fine and 20 -day susp 1,000 and/or 30 days susp 4 violation (within 24 mos) None listed----F—Revocation Revocation Plymouth City Code 1206.22, Subd. B that there exist substantial reasons making it more appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the State or City to prevent the sale of alcohol to minors. When deviating from these standards, the Council will provide written findings that support the penalty selected. B. Presumptive Penalties for Violations. The minimum penalties for convictions or violations must be presumed as follows (unless specified, numbers below indicate consecutive days' suspension): Type of Violation P Violation 2rtd Violation 3'd Violation 4' Violation 1. Commission of a felony Revocation NA NA NA related to the licensed activity 2. Sale of alcoholic Revocation NA NA NA beverages while license is under suspension 3. Sale of alcoholic 3 6 18 Revocation beverages to under -age person 4. Sale of alcoholic 3 6 18 Revocation beverages to obviously intoxicated person 5. After hours sale of 3 6 18 Revocation alcoholic beverages 6. After hours display or 3 6 18 Revocation consumption of alcoholic beverages 7. Refusal to allow City 5 15 Revocation NA inspectors or Police admission to inspect premises 8. Illegal gambling on 3 6 18 Revocation premises 9. Failure to take reasonable 3 6 18 Revocation steps to stop person from leaving premises with alcoholic beverages 10. Sale of intoxicating liquor Revocation NA NA NA where only license is for 3.2 percent malt liquor co w e 3 03 b o, C z r 00 O Q O N T3 j y Oi O N Q 00 O N C ooh C> 0 ``" o o 00 00 69 40, 69cw 0 . 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F+ W) N Cbd WN al ItNmN O V) y W) N h G N v71 N 7W) N 2 W Vo U o o U o o 0 04 o U o o U o o c w . x O c Q o Q x u x 0 a o F o 0 0 o O O o 0 O C O N O y p a, bpN >, rA a c C p N s.. rx Q Agenda Number: 2, TO: Dwight D. Johnson, City Manager FROM: ' Craig C. Gerdes, Director of Public Safety SUBJECT: CITY COURT DATE: April 9, 1999 for April 13, 1999 Council Study Session 1. ACTION REQUESTED: The City Council review the information on City Court and direct staff on how they wish to proceed. 2. BACKGROUND: At its March 2"d Council meeting, the Council received a recommendation from the Public Safety Advisory Board in support of a City Court program. The City Council at that time directed the issue of review of this program to its April study session. The City of Minnetonka began a City Court in September of 1995. Plymouth became aware of the process when Minnetonka's program was up for a 1997 City Achievement Award through the League of Minnesota Cities. City Court is an alternative means of enforcing city ordinances. Under the program, the City determines which ordinances it would like to enforce this way, primarily they are usually nuisance and housing type violations. The City then issues City Court citations instead of District Court citations. The alleged violators may either pay the fine established by the City Council or may request a formal hearing. The City of Brooklyn Park also began a similar program in October of 1998. 3. ALTERNATIVES: The alternative would be not to participate in this type of program and continue charging through District Court. 4. DISCUSSION: During the three year history of the program in Minnetonka (from September 1995 through September 1998) they issued a total of 85 citations under the program which averages 28 citations per year. Of the 85 citations issued, 74 paid the administrative fine and only 11 requested a hearing, which would average 4 hearings per year. They list their total costs for the program during the three year period at $1,100 in hearing officer fees and $865.13 in printing expenses (for citations and booklets); for a total cost of 1,965.13. The City received $8,295 in administrative fines during the period. This would indicate a yearly budget of $655 for the program and generated annual revenue of $2,765 on average. The revenue cannot be considered an increase as the same percentage would be expected to pay the fine if administered a District Court citation. Brooklyn Park's program is much newer, having just started in October, they only have six months experience. Their information indicates that repeat offenders have a required appearance before a hearing officer and individuals cannot just pay the fine. This could potentially generate more hearings. Their guidelines appear to be much the same as Minnetonka for how the process works and the types of violations they include in the program, except that they include their tobacco violations in this program. If the City desires to allow this type of program in Plymouth, it would require a change to the City Charter. There was some State Legislation introduced this year which would have allowed municipalities to instigate City Courts without these changes; however this legislation was pulled, in part due to strong opposition from District Court judges. In this discussion of the program, staff would like to point out a few of the pros and cons of such a program. In the category of pros, would be the prompt resolution of these types of cases when compared to District Court; more attention to City detail (District Court judges are not very familiar with numerous City ordinances), the decriminalization of the offense, and various options possible for unpaid fines including property assessment, collection agencies, no approvals, or suspension or revocation of any City license held, and prosecution in District Court. Some of the cons of the program include; the program is not supported by Hennepin County Court and would not have their authority behind it, the added extra layer if necessary to take a non-compliant offender to District Court (added time instead of reduction), the solicitation and training of hearing officers, additional paperwork and scheduling by the City for these cases. Hennepin County's Criminal Justice Coordinating Committee is beginning discussions of a Community Court. While not yet fully defined, this County -wide approach may receive support from the District Courts. 5. BUDGET IMPACT: Using the figures obtained from the experience of the City of Minnetonka the annual cost would $655 and the anticipated revenue would be $2,765. These would be dependent on the administrative fines set by Council and the actual numbers of citations and hearings Plymouth would experience. As noted previously, the anticipated revenue would not be an increase as we would expect the amount of revenue from District Court to be down a similar amount. 6. RECOMMENDATION: Staff sees no real harm in the program; however, the opinion and actions of the District Court may off -set the actual benefit. It may be worth the wait, if the City, County, and District Court system develop a Community Court together. The City Council review the information on City Court and direct staff how they would like to proceed. Agenda Number: TO: Dwight D. Johnson, City Manager FROM: Craig C. Gerdes, Director of Public Safety SUBJECT: CITY COURT DATE: February 23, 1999 for March 2, 1999 Council Meeting 1. ACTION REQUESTED: The City Council receive the Public Safety Advisory Board report regarding a possible City Court. 2. BACKGROUND: The City of Minnetonka started a program establishing a "City Court" as an alternative means of enforcing their city ordinances. The general types of violations they have directed through their City Court include animal violations, building code, food/health code, nuisance, zoning, and other miscellaneous. The program was sent to the Public Safety Advisory Board for their review. The Advisory Board received a package of information provided by the City of Minnetonka on the implementation and working of their program. Some members of the Advisory Board expressed an interest in attending one of the hearings. In checking with Minnetonka, they stated that the greatest majority of their cases result in the individuals just paying the fine to the City and not requesting a hearing. They noted that they only have two or three hearings a year and only schedule them as requested, so they do not know very much in advance when they would be having a hearing. The Advisory Board also received information that the City of Brooklyn Park has recently started a similar program. We are in the process of obtaining information from them. The Board also received information on the proposed State legislation which would address these types of programs. Current information is that it is highly unlikely the legislation will be approved. The Public Safety Advisory Board, at their February 18`h meeting, again discussed the issue of City Court. They made a unanimous motion to send a recommendation to the City Council Stating they fundamentally support the concept of City Court. The Advisory Board will continue to put together information on the specifics of the program and its operation within Plymouth. 3. DISCUSSION: The result of the proposed State legislation will have a significant impact on how a "City Court" is established. The new legislation, if passed, would not require a change to the City Charter. The Council may want to schedule a study session in the future regarding City Court. Timing of that study session should be dependent on the result of the proposed State legislation. The Public Safety Advisory Board will continue to develop additional background information regarding City Court. 4, RECOMMENDATION: Staff recommends the City Council receive the report from the Public Safety Advisory Board regarding City Court. The City Council may also wish to place the issue of City Court on a future Council study session. Ila. Ill. 99 THC Iw31 FA.\ ul_ la= .5S:in c.A31PBELL MAR -02-1999 17:28 MINP1ET0WP LEGNL DEPT - APPLICATION FOR 1997 LEAGUE OF MINNESOTA CITIES CITY ACHIEVEMENT AWARD MINNETONKA CITY COURT 1- C8 tegory. Public Safety, city over 10,000 population. 2. Program Description. PLIHOUTH PD City Court is an alternative means of enforcing city ordinances. City Court citations are issued instead of District Court citations. The alleged violators may either pay the fine established by the City Council or may request a hearing. Hearings are held before neutral hearing officers, who are lawyers that neither live nor work in Minnetonka. In limited situations, a dissatisfied offender may appeal a hearing officer's decision to the City Council. 3. Strategy (Purpose/Process). City staff perceived certain problems with using District Court citations to enforce city ordinances. There was usually significant delay. Judges were not familiar with the city ordinances. Ordinance violations were over -shadowed by the heavy caseload of state law violations. Alleged violators also perceived certain problems with District Court enforcement. They were labeled as "criminals" for what appeared to be administrative regulations. If they wanted to contest a citation, they had to take time out of a work day to appear at court and had to wait for long calendars. Staff approached the city attorney with the suggestion for an administrative enforcement program. Recognizing that this was not specifically authorized by state law, the city attorney took the matter to the Charter Commission to discuss whether it was a good idea and whether the charter should be amended to specifically authorize the program. The Commission considered the matter not only from the perspective of enforcement staff, but also from the perspective of the alleged violators. It relied on the expertise of certain Commission members, including an administrative law judge and a former prosecuting attorney. The primary barrier was how to collect fines if people refused to pay.. The Charter Commission decided that this should be handled in the following ways: 1 114 1.11 99 THU 111:.12 FA.1 bi_ 1a= »>u I. ArntLL --- rLIJ11!L in rL a t AR-0?-1999 17:29 hI I NNETpNKA LEGP. Ut? " . _ - - a. Fines can be assessed against property in Minnetonka if the violation occurred on the property and the offender was the property owner (by authority of a charter amendment). b. No city approvals of any kind can be granted to a violator if fines remained unpaid. C. Failure to pay a fine is grounds for suspending or revoking a license. d. There will be a late payment fee of 10% for each month. e. The city may commence a collection action. f. Failure to pay a fine is a misdemeanor subject to prosecution in District Court. - Although the last of these involves going back to District Court which the program is trying to avoid, the Commission believed that this would be a very small percentage of the cases and that for the large majority of cases the program goals could be achieved. The Commission prepared a proposed charter amendment and an ordinance to authorize the program. The Council agreed to experiment with the program and asked the Commission to oversee the implementation. 4. Goals and Objectives. The program seeks to provide a new mechanism for the enforcement of city ordinances, that is prompt, fair, and user-friendly. 5. Implementation. The Charter Commission examined another city's administrative enforcement process that uses city staff -members as hearing officers. The Commission felt this system created the appearance of biased decision -makers and that an alternative mechanism must be "pristine" in its neutrality in order to be accepted by the community. The Commission decided that the decision -makers had to be independent people who neither worked nor lived in Minnetonka. They also decided that the decision -makers should be lawyers because they are trained in interpreting laws and could address any legal issues that might be raised. They solicited and received over 100 applications from lawyers willing to serve for a limited fee of $100 for a half day or evening. The Commission also felt that the City Court should be offered in the evening to be more user-friendly" for alleged violators. 2 ua UL• 99 THU lu:."}'_ FA.l 612 4.3_ 555o (.ANPBELL --- PLAHL FH PD VIOR-02-1999 17:29 r i l NNt I Lx a,, -+ l.tL,F u After the Commission established the parameters and selected the hearing officers for the new system, the City Council adopted a fine schedule, and staff developed forms and procedures to implement the program. Staff prepared a booklet explaining City Court in simple English that is provided to the alleged offender with each citation. Training sessions were conducted with each of the code enforcement departments, and written instructions for completing the citation were provided. Feedback forms were created for the alleged violator, the code enforcement officer, and the hearing officer to gather information evaluating the program. General articles regarding City Court were included in the city's community newsletter and the local newspaper. The program started operating in September 1995. 5. Budget. Expenses to begin the program totaled $369.48 for printing of booklets and citations. From the program's inception in September 1995 through March 1997, fine revenues have totaled $5650.00, with direct expenses of $1465.13. Direct expenses have been in two categories: $600 for hearing officer fees and $865.13 for printing. Indirect expenses for staff administration have been easily covered by the difference between revenues and expenses. 7. Results/Evaluation/Applicability to Others. Through March 1997, there have been a total of 51 cases processed in Minnetonka City Court. Only six have requested hearings. There have been no appeals to the City Council. Types of violations have been: Animal 11 Building code 13 Food/health code 11 Miscellaneous 3 Nuisance 5 Zoning 8 Citizens, staff members, and hearing officers have uniformly rated the program positively. The City Court program has provided a prompt and fair mechanism for enforcing city code violations. It is a more user-friendly system for citizens, offering evening hours and avoiding the "criminal" label. It has paid for itself. Cities of all sizes could implement the program. It may be particularly appropriate for a small city that does not have its own police department. The City Council could adopt an ordinance to authorize non -sworn staff members to issue a city court citation for ordinance violations. 3 Ua Ul'99 THU 1u: 1:3 FAX lilt 952 5550 CAMPBELL --- PLYMOUTH PE) nUti 1 U= P-02-1994 17: 29 rl t taut t U(,Q1,)-'4 L-CU"L ucr I . -1- .. 8. Summery Statement. Minnetonka City Court is an alternative means of enforcing city ordinances. City Court citations are issued instead of District Court citations. The alleged violators may either pay the fine established by the City Council or may request a hearing. Hearings are held before neutral hearing officers, who are lawyers that neither live nor work in the community. The City Court program has provided a prompt and fair mechanism for enforcing city code violations. It is a more user-friendly system for both staff and citizens, and it has paid for itself. 2 14 01 99 THL 1n: 3.3 FAN 61-' 1 aa7u (—AMFbtLL --- rL1n1ALH ru Lo (.11.17 MGP. -02-1 q4q 1 i 9 rl I NNE T U(,W,H LtUHL L't.r' I o i c ; oc- o . vv• w MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: KATE MAGREW, CITY CLERK FROM: KATHY MCCULLUM, ADMINISTRATIVE. COORDINATOR/DEPUTY CITY CLERK DATE: SEPTEMBER 25, 1998 SUBJECT: UPDATE ON THE CITY COURT PROGRAM CITATIONS ISSUED _ Listed below are the City Court citations issued from September, 1995 to the present. HEARINGS, COSTS, AND FINES Eleven City Court hearings have been held. The City has incurred a total of $1,100.00 in hearing officer fees and $865.13 in printing expenses for the program. The City has received $8,295.00 in fines since the program began. N'\wPtCO V::7LN£POgT6 TOTAL P.06 lr 1 olafibn»/Ga2epvry ' :-J11tam'bet-o:,CitaBorhsXs$Ued Animal 14 Building, Plumbing, Electrical 15 Health 20 Nuisance 17 Zoning 16 Miscellaneous 3 TOTAL: 85 HEARINGS, COSTS, AND FINES Eleven City Court hearings have been held. The City has incurred a total of $1,100.00 in hearing officer fees and $865.13 in printing expenses for the program. The City has received $8,295.00 in fines since the program began. N'\wPtCO V::7LN£POgT6 TOTAL P.06 CITY OF BROOKLYN FK. ID:612-493-8391 APR 08'99 12:31 No.007 P•02 amm 430' • t. :1 O aTao rl:: ••. .= i.. ,x f• key ,:t,.r'. 1'', MA. t .t ``77 A •w` ',. j.1 1 r •Lt.+. !j 3.k}S•,t:r:'. •s' 71P. r • rr :. . i•r ,', ' SC rr r. •, +,r .a. •. kr"' .•lj '• .(,' - t•, 4Eyf'''. s " yAl , :a-•1r..r' t I r;.?iia' ya J r..s..:• ,.1: r !'i 4ii .;J:) ' .i ,. ..:'.,i I'tr •1 bv:..: '••.'{ .pa'?i• •. '1.1'Y:,' , ti S {.t • .j.. Al 1.A r' ; 1'. M , t TkN r'r ,T 7 . 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ID:612-493-8391 z LL z z Q a APR 08'99 12:34 No.007 P.04 w vc c t9Z,a) t_. o- o d o Uwc 3 E ca mooZ Y° E E v U y W orn0c°.0=Q) E 0. m OZ a. k- •Y d C O o = 0-0 O W O CL u -ca O rn a cu mU aEi Eav o ate' Q y c QO C L tG O 7 C 'Y M C fd ? oc-ooYo' a.afZ ) o -vc m O y Our Z o Qa }U o- o H t C a` v . 0 C uj M O . ai uJ ww W ' cc: m C. 0 o> F. 0 m Z o co c M 0to °'>.• c O p_ ° WO av cao.°4vVat Uj oa)LO O oaaia YF- 4) y Y a) ? Q L oa) a) c C y ca o a QE 3 Mo. p O m CC) S; > oz m o QaIL pc7EM0a) CL) d vO N Oy°o E) co C> } m FL- t• Ovs .?a) »O- U ' N U vo0 Q -a) 4) W QC'tf Gv NcZECEOVD W N Q A m O 3 aF- h- cn OO y d c 3 G 0(5 r- coZCL w c Q) ° c C W f° 0 pcOpc .. a , c a' t:m C 'C T N a N IV N -''c ° y am O m .0to N.c O•c_ L U E "~ v m cO Q Q.r c CnM 7 4) N C~ O C cti ( >. y cm C C >+ v O0- 0 4) a C. C. O y 7 d C 0 a) 0 ° c N' Noya Q aEdr pc c a V rC D c '0 •O Ci ( E 0 N C c w `c ro r C a. y s l '- cp .c C z o 04 m .Oo ° O cva 'a O vi c c ro c - vi E '°o cv U >. 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ID:612-493-8391 APR 08'99 12:37 No.007 P.09 o 0 U O U N ro w 0 ch .E O OC U sCL o y O O aC2MOG ` V cn O v O co y a o r 3 p cn H o O a V O- 0 E Eo ;s ca a o >,.cd mo-v,tMNc cc ai Z .: C ca U o U' cn o 0 a) O o c LU a ci0 CL C a CL N C .. ` y v Z C ca V y— E -0 E G Eco W coo 0mo a=000-v, _ U r p L C D7 ` 3 >. _ y O N O 0 E C U ` O N G 0.c C C'C «- `' a p t t — a o 3 -0 0 0 w o c co 0 ui d H co c`a ev ` g N y o ca W a o a o c o n.o 8 y !- a E} oay, a oo""c 0.M--•oma ti ,Q ?o oC y o M a) y 0-0 .` c cv O 0 O O 7 c0 a F-- O> C7 a) Q d 'E L Im y .c C 7 O C O E O O C Qf O c C > Q 9O 0 ftl O w U >. 0 r O 5 O Q O U J m C cv m 0) S z a r E cL o E O% a p O Q1 y cp O 0 NCE , p s C x U G .._ U r 0 UUQ. U t 0 d. 3: W m O ,C 0 y a) N 4;:0 'N N O 0 r m G O G dj C .E p p U E 4p m Cp w mGidOC (0 7 r V t r OCL N - mo y -v y Eco o t `9 o E a O v 0E8Emoot 'c CD i Q,oc r O. O aitm 6. y_Eo oeN CL m y oMcc c oomaa t v, L' a s of o E .O cp C y .O Vj ~ c y 3 l ?' O a} o> O E t o 0 0 .a C o Y ' 3 0 o ca o a LA I - .Q 0oy .. oma.o ,o. 83 v NE o E..> v a) m wwwcu c y o c ., o> O p o E y ; ca ., m o MO V O y O 0 N G L C p b c G. v _ C c 0 7« r U '' w C M .O = 70.+ O A Y: 0. 8 UL.+ ErEo ..vs•o ovocn Q.REo X, U'C IV •v _ aL 4 3 o V c`° 0 0 0 O O C y'OC c E Wr c UQ o. 0 0 v C C O O Ct O M G o co o c6 .n U 'c7 'o O M.0 0,0 L O O C o O N o U O w t 'O C t y Ci H a: Q Q '= o - 0 F" t4 CITY OF BROOKLYN PK. ID:612-493-8391 HF'K V25 yy 1 L J r ivu . vv I lv O d M et ' N co V V. O r/ N C R Q G. E CL 2 Q O a. Q_ O C O E co O- ri U .c a o° o co n 'o y a ,a o n m C O) a ci a y O y '> v) p> z O y O .. >.b >1 O O 0 O_ p c,) cv c ;t O UNOO btV p o -g>OE > Z O , o ccp0O cv viUTC CL --r, ' d' vcG - F r- C TCL y yO C mpc o p. p f a0EONO ' EL N T F U w V O ?• U '> ` C v x0 c 7 y .0 O 3 O d $ O 0 O O> p Ci O V O C p N T f'• C3 C C •' Ntm a s >` o b O O Q p O G1 O .. tC +" • O 3 p C U C c—vo` cE a'o>3a>i a w a o.coNac O p 0 7 U 0 0 0 `- p >` O j 0 N p 7 .. JC G T> t O d O y 0 O 'g R O "' p O U' U cn O fn V> Q O Q` U y Q. 1- > O. ?. F a Q a y - p O O ,, O O 0 ep CL >..c C O C M p 0 'N p G yA O ci .6 V O + + y y L U. 0Vat C G y O d N y 0 v y. O CITY OF BROOKLYN PK. ID:612-493-8391 APR 08'99 12:38 No..007 P.11 Section 903.10. PPu Qo _e The City Council finds that there is a need for alternative methods of enforcing the City Code. While criminal fines and penalties have been the most frequent enforcement mechanisms, there are certain negative consequences for both the City and the public. The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard City Code violations as important. Accordingly, the City Council finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement. This method of enforcement shall be in addition to any other legal remedy which may be pursued for City Code violations. Section 903.20. Administrative Citateons and Civil Penalties. Sections 903.20 through 903.1 10 shall govern administrative citations and civil penalties for violations of the City Code. Section 903.40. General Provisions. Subd. 1. A violation of any provision of the City Code is an administrative offense, which may be subject to an administrative citation and civil penalties pursuant to Sections 903.20 through 903.100. Each day a violation exists constitutes a separate offense. Subd. 2. An administrative offense may be subject to a civil penalty not exceeding 2000.00. Subd. 3. The City Council must adopt by resolution a schedule of recommended fines for offenses initiated by administration citation. The City Council is not bound by that schedule when a matter is appealed to it for administrative review. Subd. 4. The City Council may adopt a schedule of fees to be paid to administrative hearing officers. Subd. 5. The City Manager must adopt written procedures for administering the administrative citation program. Section 903.50. A mini5traLiye Citation. Subd. 1. Any person authorized to enforce provisions of the City Code may issue an administrative citation upon belief that a Code violation has occurred. Tho citation must be issued in person or by first class mail to the person responsible for the violation or attached Section 903 added by Ordinance #1998-881; effective July 22, 1998 CITY OF BROOKLYN r'K . lU HrK ua yy iJo rvu .uvr r . 11 0U(,L1V11 JVJ..lV Subd. 1 to the motor vehicle in the case of a vehicular offense. The citation must state the date, time, and nature of the offense, the identity of the person issuing the citation, the amount of the scheduled fine, and the manner for paying the fine or appealing the citation. Subd. 2. The person responsible for the violation must either pay the scheduled fine or request a hearing within seven days after issuance of the citation. Payment of the fine constitutes admission of the violation. A late payment fee of 10% of the scheduled fine amount shall be imposed in accordance with Section 903.90. Subd. 1 . The City Council shall periodically approve a list of persons, from which the City Manager or designated agent will randomly select a hearing officer to hear and determine a matter for which a hearing is requested. A person who has been issued a citation shall have the right to request, no later than five days before the date of the hearing, that the assigned hearing officer be removed from the case. One such request for each case will be granted automatically by the City Manager or designated agent. A subsequent request must be directed to the assigned hearing officer who will decide whether he or she can fairly and objectively review the case. The person issuing the citation may request the removal of a hearing officer only if the hearing officer cannot fairly and objectively review the case. If such a finding is made, the officer shall remove himself or herself from the case, and the City Manager or designated agent shall assign another hearing officer. The hearing officer is not a judicial officer but is a public officer as defined by Minnesota Statute 609.415. The hearing officer must not be an employee of the City. The City Manager or designated agent shall establish a procedure for evaluating the competency of the hearing officers, including comments from citizens and City staff. These reports shall be provided to the City Council. Subd. 2. Upon the hearing officer's own initiative or upon written request of an interested party demonstrating the need, the officer may issue a subpoena for the attendance of a witness or the production of books, papers, records or other documents that are material to the matter being heard. The party requesting the subpoena shall be responsible for serving the subpoena in the manner provided for civil actions and for paying the fees and expenses of any witness. A person served with a subpoena may file an objection with the hearing officer promptly but no later than the time specified in the subpoena for compliance. The officer may cancel or modify the subpoena if it is unreasonable or oppressive. Any person who, without just cause, fails or refuses to attend and testify or to produce the required documents in obedience to a subpoena shall be guilty of a misdemeanor. Alternatively, the party requesting the subpoena may seek an order from district court directing compliance. Subd. 3. Notice of the hearing must be served in person or by mail on the person responsible for the violation at least ten days in advance, unless a shorter time is accepted by all parties. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence shall not apply. The hearing officer shall record the hearing and receive testimony and exhibits. The officer shall receive and give weight to evidence, including reliable hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. Section 903 added by Ordinance #1998-881; effective July 22, 1998 CITY OF BROOKLYN PK. ID:612-493-8391 APR 08'99 12:39 7No. 007 P.13 E'CLIUIt UVJ. VV Subd. 4 Subd. 4. The hearing officer has the authority to determine that a violation 'occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay, or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the hearing officer may consider any or all of the following factors: A. The duration of the violation, B. The frequency or recurrence of the violation, C. The seriousness of the violation, D. The history of the violation, E. The violator's conduct after issuance of the notice of hearing, F. The good faith effort by the violator to comply, G. The economic impact of the penalty on the violator, H. The impact of the violation upon the community, and 1. Any other factors appropriate to a just result. Subd. 5. The hearing officer may exercise discretion to impose a fine for more than one day of a continuing violation, but only upon a finding that (1) the violation caused a serious threat of harm to the public health, safety, or welfare or that (2) the accused intentionally and the unreasonably refused to comply with the code requirement. The hearing officer's decision and supporting reasons must be in writing. A. The failure to pay the fine or request a hearing within seven days after the citation, or the failure to attend the hearing, constitutes a waiver of the violator's rights to an administrative hearing and is an admission of the violation. A hearing officer may waive this result upon good cause shown. Examples of good cause": death or incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. "Good cause" shall not include: forgetfulness and intentional delay. B. The decision of the hearing officer is final without any further right of administrative appeal, except for matters subject to administrative review under Section 903.70. in a matter subject to administrative review under Section 903.70, the hearing officer's decision may be appealed to the City Council by submitting a request in writing to the City Manager or designated agent within seven days after the hearing officer's decision. Section 903.70. Administralive Buiew. Subd. 1. The hearing officer's decision in any of the following matters may be appealed by any party to the City Council for administrative review: A. An alleged failure to obtain a permit, license, or other approval from the City Council as required by an ordinance, Section 903 added by Ordinance #1998-881; effective July 22, 1998 CITY OF BROOKLYN PK. ID b12-493-8391 APR 08'99 12:40 No.007 P.14 Section 903.70 Subd.1 B. An alleged violation of a permit, license, other approval, or the conditions attached to the permit, license, or approval, which was granted by the City Council, and C. An alleged violation of regulations governing a person or entity, who has received a license granted by the City Council. Subd. 2. The appeal shall be heard by the City Council after notice served in person or by registered mail at least ten days in advance. The parties to the hearing shall have an opportunity to present oral or written arguments regarding the hearing officer's decision. Subd. 3. The City Council shall consider the record, the hearing officer's decision, and any additional arguments before making a determination. The Council is not bound by the hearing officer's decision, but may adopt all or part of the officer's decision. The Council's decision must be in writing. Subd. 4. If the Council makes a finding of a violation, it may impose a civil penalty not exceeding $2000.00 per day per violation, and may consider any or all of the factors contained in Section 903.60 Subd. 4. The Council may also reduce, stay, or waive a fine unconditionally or based on reasonable and appropriate conditions. Subd. 5. In addition to imposing a civil penalty, the Council may suspend or revoke any City -issued license, permit, or other approval associated with the violation, if the procedures in the City Code have been followed. Any hearing required in the City Code for such suspension or revocation shall be deemed satisfied by the hearing before the hearing officer with the right of appeal to the City Council. An aggrieved party may obtain judicial review of the decision of the hearing officer or the City Council in accordance with state law. Subd. 1 . If a civil penalty is not paid within the time specified, it shall constitute: A. A personal obligation of the violator in all other situations, and B. A lien upon the real property upon which the violation occurred if the property or improvements on the property were the subject of the violation and the property owner was found responsible for that violation. Section 903 added by Ordinance # 1998-881; effective July 22, 1998 CITY OF BROOKLYN PK. ID:612-493-8391 APR 08'99 1240 No.007 P.15 Section 903.90 Subd. 2 Subd. 2. A lien may be assessed against the property and collected in the same manner as taxes. Subd. 3. A personal obligation may be collected by any appropriate legal means. Subd. 4. A late payment fee of 10% of the fine shall be assessed for each thirty -day period, or part thereof, that the fine remains unpaid after the due date. Subd. 5. During the time that a civil penalty remains unpaid, no City approval will be granted for a license, permit, or other City approval sought by the violator or for property under the violator's ownership or control. Subd. 6. Failure to pay a fine is grounds for suspending, revoking, denying, or not renewing a license or permit associated with the violation. The following are misdemeanors, punishable in accordance with state law: A. Failure, without good cause, to pay a fine or request a hearing within thirty days after issuance of an administrative citation. Bo Failure, without good cause, to appear at a hearing which was scheduled under Section 903.60. C. Failure to pay a fine imposed by a hearing officer within 30 days after it was imposed, or such other time as may b0 established by the hearing officer, unless the matter is appealed under Section 903.70. D. Failure to pay a fine imposed by the City Council within 30 days after it was imposed, or such other time as may be established by the City Council. Where differences occur between provisions of this ordinance and other applicable ordinance sections, this ordinance shall apply. 903.120 F_ fertive Date. This ordinance shall become effective upon City Charter Section 14.19 becoming effective. Section 903 added by Ordinance #1998-881; effective July 22, 1998 t t -11Y OF b1<UUKLYN F'K. IU:blI HFk Ud'yy 1141 NO.UU( P.16 RESOLUTION #1998-142 RESOLUTION ESTABLISHING ADMINISTRATIVE PENALTIES FOR CITATIONS RESULTING FROM VIOLATIONS OF CITY ORDINANCES WHEREAS, the Administrative Penalties Section 903 of the City Code provides for penalties to be charges as established by Council resolution; and WHEREAS, the city incurs additional costs when City Code violations continue; and WHEREAS, the city wishes to establish penalties consistent with the Diatrict Court fine schedule; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN, that the following penalty schedule is adopted: Level One Violations 25.00 Level Two Violations 50.00 Level Three Violations 100.00 Level Four Violations 200.00 Repeat Violations Within 24 Months Double the amount of the scheduled fine for the previous violation, up to a maximum of $2,000.00 Continuing Violations A fine for that can be imposed by the hearing officer for each day that the violation continues. BE IT FURTHER RESOLVED, this administrative penalty schedule shall become effective upon City Charter Section 14.19 becoming effective. 41998-142 CITY OF BROOKLYN PK. ID:612-493-8391 APR 08'99 12:41 No.007 P.17 RESOLUTION #1998-143 RESOLUTION ESTABLISHING FEES FOR HEARING OFFICERS AS THEY RELATE TO THE ADMINISTRATIVE PENALTY ORDINANCE AND THE ADMINISTRATIVE HEARING PROCESS WHEREAS, the Administrative Penalties Section 903 of the City Code provides for an administrative hearing; and WHEREAS, this hearing is heard by a hearing officer; and WHEREAS, this hearing officer is not an employee of the City; and WHEREAS, the city wishes to establish fees consistent with other hearing officers; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN, that the following fee schedule is adopted: Per Session (4 hour max.) $100.00 Each time they are required $ 10.00 to act upon a request for a subpoena or other such action involved in the process. BE IT FURTHER RESOLVED, this hearing officer fee schedule shall become effective upon City Charter Section 14.19 becoming effective. The foregoing resolution was introduced by Councilmember Enge and duly seconded by Councilmember Gustafson. The following voted in favor of the resolution: Arbogast, Draeger, Eder, Enge; Feess, Gustafson and Trepanier. The following voted against: None. The following were. absent: None. Whereupon the resolution was adopted. ADOPTED: MAY 26, 1998 GRACE ARBOGAST, MAYOFOr r # 1998-143 TO: Dwight Johnson, City Manager FROM: Laurie Ahrens, City Clerk -. SUBJECT: Policy on City Funding of Human Service Agencies DATE: April 8, 1999, for Council study session on April 13, 1999 ACTION REQUESTED: Review the proposed policy relating to City funding of human service agencies. BACKGROUND Council members have requested a review of the City's policy on the funding of human service agencies. This memo is not intended to initiate discussion on the merits of which organizations have received funding, but rather to help the Council address the legal and philosophical policy issues and to consider the process for reviewing funding requests. Requests for contributions from the City's General Fund Budget are considered under the Policy on City Funding of Human Service Agencies (copy attached). This policy was adopted by the City Council in 1984 and amended to the current version in 1992. Contributions are considered as part of the budget process. In June of each year, staff sends out letters inviting funding requests. These requests are reviewed by staff and a funding recommendation is included in the " social services" line item of the draft budget presented to the City Council. The attached spreadsheet shows the contributions to human service agencies from the General Fund in 1999. The City's total contributions from the General Fund have increased from 89,500 in 1996 to $110,010 in 1999. The total amount has doubled in the past 10 years; however the 1999 amount is less than 1 percent of the General Fund budget. A factor that is difficult to measure is the amount of " in-kind" contribution provided by the City to some of these agencies. We have staff in nearly every department who work with these organizations as board members or as resources for the agencies. As examples, Mary Bisek serves as a board member and resource to the CONECT Collaborative and Jeanette Sobania assists the Northwest Hennepin Human Services Council with selection and other personnel issues. LEGAL ISSUES The City Attorney has advised that it is not legal for the City to make charitable donations, contributions, or grants based solely on good cause to any agency. For a municipal Human Service Funding Memo April 9, 1999 Page 2 expenditure to be valid, it must be for a public purpose and must be expressly authorized by statute. Since 1995, there has been express authorization in the statutes for food distribution, hospitals, and economic development related contributions. There are additional grants of authority scattered throughout the statutes, such as for funding the fine arts. The State Auditor has allowed very few implied grants of authority. The following new elements are recommended in the revised policy to ensure that legal requirements are met: 1. The public purpose must be identified for each contribution. 2. The statutory authority must be identified for each contribution. 3. The City must have a written agreement with each agency receiving a contribution to ensure that the funds will be spent on a program which meets the public purpose and statutory authority requirements and, when appropriate, to document that the agency is providing a service for the City in exchange for a contribution. In the past, the City Attorney has not reviewed the specific list and purpose of human service agencies requesting funding; however, this is recommended for future funding requests to ensure that public purpose and statutory authorizations are met before requests are considered by the City Council. OTHER ISSUES Once the legal issues have been met with regard to a funding request, the remaining issues are philosophical. The City Council may wish to amend some or all of the funding guidelines in the proposed policy. These are unchanged from the current policy. REVIEW PROCESS There are several options to consider for the review process. As part of the 1999 budget process, the City Council met with each human service agency to discuss their specific funding request. Each agency presented basic information about their services, addressed how they serve Plymouth residents, and answered questions from the Council. The City Council then made the decision of which requests to fund. The cities of Maple Grove and Eden Prairie have policies very similar to Plymouth, where requests are considered as part of the budget process by the City Council. Eden Prairie uses an ad-hoc committee comprised of staff, council, and representatives from the various city commissions to review the funding requests and to make a recommendation to the City Council. Brooklyn Park has restricted its funds to four agencies, and each year the City Council decides the contribution amount. The cities of Eagan and Burnsville do not contribute anything to human service agencies from the general fund. The city of St. Louis Park Human Service Funding Memo April 9, 1999 Page 3 considers human service contributions as part of the budget process; however, the City only funds services that support the City's long-term vision. CDBG FUNDS Contributions are also made to human service agencies from Community Development Block Grant (CDBG) funds in the HRA Budget. The CDBG Program is federally funded, and there are specific federal program requirements. Human service programs must meet the objectives adopted in the City's Consolidated Plan, and agencies must prove allowable expenditures in order to "draw down" their CDBG fund account. There is an established process for reviewing funding requests, which includes a public hearing by the Housing and Redevelopment Authority. Only 15 percent of the City's CDBG funds can be allocated to human service agencies. The City Council recently approved CDBG allocations to the following human service programs: Training & Resources to Attain Individual Long Term Success (TRAILS), Family Hope Services, Northwest Branch YMCA, Greater Minneapolis Day Care Association, and Community Action for Suburban Hennepin (CASH). The proposed policy relating to City funding of Human Service Agencies would not apply to CDBG funding requests. Organizations Funded through General Fund in 1999 rgp 1999, City dget Amount Plymouth residents served Additional Major ,F Contribution Sources Senior Community 12,500 228 United Way Services Other cities Hennepin County State of MN Met Council Northwest Other cities Hennepin Human 11,465 229 State of MN Services Council Foundations Private contributions Federal grants PRISM 5,835 436 Churches/Corporations Other cities Family Hope 3,100 Other cities Services Interfaith Outreach 15,900 5,245 Private contributions Other cities Foundations United Way Businesses Or anizations/Schools Communities in 2,710 School District 284 Collaboration Other cities State of MN Grant Home Free 33,000 3,000 Other cities State MN Corrections United Way Employment 3,100 26 Plymouth HRA Action Center Federal Jobs funds West Suburban 4,000 27 State of MN Mediation Center Hennepin County Other cities Juvenile restitution Teens Alone 2,000 93 Private contributions Hennepin County Other cities School districts YMCA -Detached 3,000 143 United Way Worker Hennepin County Other cities West Med. Lake 5,400 None CC - seniors CONECT 8,000 McKnight Foundation Collaborative Lutheran Brotherhood HealthS stem MN POLICY RELATING TO CITY FUNDING OF HUMAN SERVICE AGENCIES Resolution No. 92-31 January 6, 1992 (Supersedes Resolution 84-506, July 23, 1984) IN GENERAL The City Council is aware that there are many worthwhile human service agencies serving metropolitan area residents and that such organizations are supported primarily through public and private contributions. Contributions to such agencies from the City of Plymouth, when made, will be distributed in accordance with this policy. POLICY GUIDELINES The Plymouth City Council is responsible for periodically determining whether a financial or in-kind contribution will be made by the City to assist human service agencies. The City Council will consider the following guidelines in determining which human service agency(ies), if any, receive funding. This policy should not be construed to obligate the City Council to provide funding or in-kind human service contributions. 1. Annually as part of the budget cycle, human service agencies will be asked to submit their funding requests and justification within the deadline. Only those agencies who submit a written request conforming to this policy within the established timeframe will be considered for funding. 2. The City Council shall not normally engage in long term (multi-year) funding to any human service agency. Instead all funding shall be evaluated for impact and appropriateness each year. 3. The City Council will normally consider human service priorities established annually by the West Hennepin Human Services Planning Board and Northwest Hennepin Human Services Planning Board. 4. Human service agencies will be expected to provide data substantiating the need for their specific types of service within the Plymouth community. Specific figures on the Plymouth population(s) served through their efforts, fiscal analysis of cost of delivery of such services and documentation that their services do not duplicate those of other agencies serving the Plymouth population. 5. The City Council will only consider funding programs or agencies which can demonstrate that the funds are used solely to provide services to Plymouth residents. 6. The City will give preference to funding human service delivery agencies that act as an advocate and advisor regarding other available human services for the Plymouth population. 7. Funding requests will normally be considered in relation to existing City human service commitments and the target populations served. 8. Preference will be given to agencies or programs which: a) Have taken affirmative efforts to raise funds to support their efforts. 25a b) Demonstrate in their budgets that there is a continuing concentration on minimizing administrative and overhead costs. C) Cannot be effectively or fully funded through other sources. d) Sponsor programs which have verifiable benefits to the community at large for example, programs that put people to work or enhance the effectiveness of City service delivery programs. e) Make effective use of volunteer skills and in-kind contributions to reduce the cost of program/service delivery. 9. Each agency requesting city funding will be advised in writing of the status of their request and how to receive the contribution(s) once the budget has been adopted by the City Council 25b Resolution No.: Date: PROPOSED POLICY RELATING TO CITY FUNDING OF HUMAN SERVICE AGENCIES Supersedes Resolution 92-31, January 6, 1992; Resolution 84-506, July 23, 1984) The Plymouth City Council is responsible for periodically determining whether a financial or in-kind contribution will be made by the City to assist human service agencies. Human service funding requests will be considered as part of the annual budget cycle. 1. Any City contribution to a human service agency shall be for a public purpose and shall be expressly authorized by statute, and this information shall be forwarded to the City Council with the funding request. 2. The City Council will consider the following guidelines in determining which human service agencies, if any, receive funding. This policy should not be construed to obligate the City Council to provide funding or in-kind human service contributions. A. Agencies must submit funding requests and all required information within the established time frame to be considered for funding. B. All funding requests shall be evaluated for effectiveness and appropriateness each year. C. The City Council will normally consider human service priorities established by the Northwest Hennepin Human Services Planning Board. D. Human service agencies will be expected to provide data substantiating the need for their specific types of service within the Plymouth community. Specific figures on the Plymouth population served through their efforts, fiscal analysis of cost of delivery of such services and documentation that their services do not duplicate those of other agencies serving the Plymouth population. E. The City Council will only consider funding programs or agencies which can demonstrate that the funds are used solely to provide services to Plymouth residents. F. Funding requests will normally be considered in relation to existing City human service commitments and the target populations served. G. Preference will be given to agencies or programs which: 1. Have taken affirmative efforts to raise funds to support their efforts. 2. Demonstrate in their budgets that there is a continuing concentration on minimizing administrative and overhead costs. 3. Cannot be effectively or fully funded through other sources. 4. Sponsor programs which have verifiable benefits to the community at large, for example, programs that put people to work or enhance the effectiveness of City service delivery programs. 5. Make effective use of volunteer skills and in-kind contributions to reduce the cost of program/service delivery. H. The City Council may establish additional guidelines or criteria for consideration of human service funding requests. 3. Before any human service agency receives funding, an agreement or contract between the service agency shall be executed to ensure that the funds will be spent on aCityandthehumansegyp program which meets the public purpose and statutory authority requirements and, when appropriate, to establish that the agency is providing a service for the City in exchange for a contribution. Agenda Number: -5, TO: Dwight Johnson, City Manager FROM: Laurie Ahrens, City Clerk,- SUBJECT: Citizen Survey DATE: April 6, 1999, for Special Council meeting of April 13, 1999 1. ACTION REQUESTED: Provide direction with respect to the process and questions proposed for the 1999 Citizen Survey. 2. BACKGROUND: The City conducted citizen surveys in 1982, 1985, 1987, and 1995. These surveys measured what Plymouth residents thought about the City and the services it provides. The City Council recently included a Citizen Survey in its 1999-2000 Goals and Priorities. 3. ALTERNATIVES: The City Council could decide not to proceed with a Citizen Survey at this time. 4. DISCUSSION: Citizen surveys conducted at regular intervals are excellent ways of measuring, over time, how citizens feel about their community, its governance, and the services provided. A citizen survey can be used to assess community needs, to do long and short-term planning, to evaluate public services and policies, and to indicate that the City is receptive to suggestions and ideas of its citizens. Citizen surveys are typically not effective when conducted for other purposes, such as to educate citizens, to collect information that already exists, or when used as votes on political issues. The surveys previously conducted by the City have contained many identical questions for tracking purposes, and each survey included questions which related to "issues of the day." The surveys have been useful in identifying desired service levels and assessing community needs and desires. In addition, the 1999 Citizen Survey could provide important information in the update of the Comprehensive Plan. Since the Comprehensive Plan process is on a tight time schedule, it is imperative that the survey be completed quickly so the results can be incorporated in that process. The Citizen Survey would be conducted by a professional survey firm. The consultant would be responsible for the entire process including question design and pretesting, sample design and drawing, interviewing, computer analysis, report preparation and presentation. The survey would be conducted by telephone to approximately 400 Citizen Survey Memo Page 2 residents, randomly selected by the consultant. A response of 400 residents by telephone will provide results with a statistical margin of error of plus or minus 5 percentage points, even when opinions are evenly divided on a question. The following schedule is proposed for the Citizen Survey: April 13 Council provides feedback on questions April 20 Council authorizes Request for Proposals May 7 Due date for Request for Proposals May 18 Council awards contract late May Consultant develops survey instrument June Conduct survey; Tabulate data July/August Consultant reviews results with Council and staff Attached is a list of the questions proposed by staff for the 1999 survey. If a question has been asked in previous surveys, a checkmark will appear in the appropriate column indicating the year. The City Council should review the proposed questions and add or delete any as desired. The exact wording of the questions is unimportant as this will be the job of the consultant; however, the consultant will need to understand the information desired so that the appropriate questions can be phrased. 5. BUDGET IMPACT: The City Council established a Citizen Survey Reserve Fund of 25,000 from the 1998 General Fund surplus which should cover the costs of a citizen survey. 6. RECOMMENDATION: The City Council should provide staff with additions or deletions to the list of questions proposed for the 1999 Citizen Survey. CATEGORY = .:QUESTION SU 94` -R.'S ;1982 !;.1985 X1987 5413991921199 Demographics Are you registered to vote? V0 0 Demographics Approximately how long in Plymouth? V0 V VO VO Demographics Immediate prior residence Demographics What attracted you to Plymouth? Demographics How long do you expect to live in Plymouth? VO Demographics Age groups in household Demographics Own or Rent? Demographics Own auto? How many? VO Demographics How many work in Plymouth? Demographics How many work outside Plymouth? Demographics In what cities do they work? V Demographics What type of home do you live in? Single family detached, townhome/condo., apartment 0 Demographics Do you expect to live in this same home in 10 years? Demographics If no, will you be living in same type of home or other type. If other, what type? Demographics Question on race or ethnicity Human Rights Primary language spoken at home? Human Rights Does anyone in your household have a physical limitation that makes it difficult to access City services? If so, what? VO Human Rights How would you rate the courtesy and respect you receive in the community. If low, what do you attribute it to? Human Rights How do you rate your service received at restaurants/stores in the community compared to other people? If low, why? Council How much contact with Council? Council Rate work of Council 0 0 V %0 Council Citizens have adequate input to decisions? 40 0 %0 Staff How much contact with staff? 0 %0 0 40 %0 Staff Rate staff job performance 0 %0 0 V %0 Staff Contacted staff within 12 months? 0 V %0 Staff Nature of inquiry 0 0 %0 Staff Satisfied or dissatisfied? 0 VO VO Staff If dissatisfied, why? 0 0 %0 Rate City Rate quality of life 0 V V VO VO Rate City Quality over next 5 years? 0 0 1 %0 Rate City What do you like most about Plymouth? 0 VO Rate City What do you like least about Plymouth? Rate City How much pride in Plymouth? VO 40 %0 Rate City Would you move from your neighborhood? 40 V 0 0 %0 Rate City Where else would you move? V V 0 0 %0 Rate City If moving, what are important factors? V VO VO 0 %0 Rate City Fire protection - satisfied? V V V Rate City City street maintenance - satisfied? 0 V 0 %0 Rate City Quality of drinking water - satisfied? V Rate City Taste of drinking water - satisfied? Rate City Park Maintenance - satisfied? V0 V V0 Rate City Snowplowing - satisfied? V, V Rate City Police - satisfied? 0 V V V Rate City Sewer & Water - satisfied? VO V0 Survey Questions Page 1 x:CA`rEG(3RY .., .w.,_QUESTIQN.SUMMARY ",",,.l"----, 1982 1985 1 1987. 149-95, " 2999 ' Rate City Animal control - satisfied? 0 V V Rate City Water/sewer charges - too high/low? VO V V Rate City Trail plowing - satisfied? V Rate City Recycling - satisfied? VO Rate City Rate City as place to raise children 0 Communication Primary source of info. on City V V Communication What station/publication? V %0 %0 V Communication Read Sailor, Weekly News, Star Trib? Communication Receive City newsletter? V VO 0 Communication Read City newsletter? 0 %0 40 0 Communication Newsletter articles most likely to read? 0 %0 V. 0 Communication Do you use Park & Recreation Booklet? Communication Subscribe to cable TV? 0 Communication Rate city communication to residents ho Communication Do you own a home computer? Communication Are you connected to the internet? Communication Are you aware the City has a web site? 0 Taxes Property taxes - too low/too high 40 0 V V 0 Taxes Any services to cut back? 0 Taxes Any services not to cut back? 0 Taxes What % of taxes goes to City? VO VO VO Taxes Favor quarterly utility billing vs. Bi -monthly? WO Planning Principal retail shopping area? VO Planning Is principal shopping area adequate? Planning What additional facilities would you like? VO Planning Code enforcement - too tough/lenient V* VO V Planning Why do you feel that way? VO VO V Planning Enforce codes fairly? VO VO Planning Favor sidewalks in neighborhood? V 40 Planning Rate general appearance of neighborhood VO VO Planning Support development of affordable housing? V Planning Support a mixture of housing? Planning Are there parts of Plymouth that need redevelopment? Planning If so, where? Planning Should City take an active role/spend $ to encourage redevelopment? Planning Does Plymouth have adequate housing opportunities for 1)senior citizens, 2)first-time homebuyers, 3)renters? Planning If no (for any of above), should City take active role ($) in solving problem? WO Parks Rate recreation in Plymouth VO Parks Mix of recreation meet needs? Parks What additional recreation opportunities should we offer? V, Parks What ages need additional facilities? 0 V Parks Need more trails on major roads? 0 Parks Need more trails to connect parks? Parks Need more trails/sidewalks to get to commercial areas? Parks Should City spend $ to add trails? Survey Questions Page 2 1 25„CATEGORY , . A A QU,,ESTION SIJIVIMARY. y 198,2 ;1985 1987 ;1'995. X1,999, : Parks Should City spend $ to acquire more open space? Parks Should City spend $ open space or add trails? Parks How often use parks? Parks Retain one public golf course in City? Parks If threatened with loss, should City $ support to retain? Parks Are you a member of LifeTime Fitness? Parks If not, have you used LifeTime? VO Public Safety More crime in your area? Public Safety Rate confidence in police Public Safety Feel safe in your neighborhood? VO Public Safety Aware of neighborhood watch? Public Safety Safety issues that affect you? 0 VO Public Safety Concern about neighborhood speeding VO 0 Public Safety Concern about speeding in general in City VO 0 Public Safety Concern about traffic congestion VO Public Safety Concern about stop sign/traffic signal violations Public Safety How prepared is your family for Y2K? Public Safety How concerned are you about Y2K? Recycle Which recycling services used in 12 months? Recycle Why don't use curbside recycle? Recycle Recycle if mandated by state law? Recycle Ways to change curbside? Recycle Support refuse hauling organized collection? Environment Does your lawn fertilizer contain phosphorus? Environment Use a contract lawn service? Environment Rate quality of lakes and wetlands Environment Favor fee for improving water quality? V Environment How important to preserve open space? Transportation Use public transportation? 0 0 Transportation Rate traffic on Hwy. 55, 169, and I-494 V V Transportation Public transportation currently adequate? V 0 Transportation Additional transportation services - which? VO Transportation Are you familiar with Metrolink? Transportation Should areas be added to Dial -a -Ride? Transportation Support adding lanes to major highways? 0 Transportation If so, should they be HOV lanes? Transportation Support more local taxes to increase transit services? Transportation Should City support regional concept of light rail? 0 Transportation How do you rate ease of travel by car within Plymouth? Transportation How do you rate ease of travel by bicycle within Plymouth? Transportation How do you rate ease of pedestrian travel? Survey Questions Page 3 CAT_,GOR QVg$,VQN SUMMARY .: 1982: 11985,1 -MT, 1-1995'1'1999:,== Survey Questions Page 4 In the past 12 months, about how many times have you done each of the following: Participated in Plymouth recreation program? Used a city park? Used a city trail? Rode Metrolink? Used Dial -a -Ride? Used Park and Ride? Attended a City Council or PC meeting? Viewed a Council or PC mtg. on cable? Recycled? Accessed the City's web site? Open-ended question about vision of Plymouth Survey Questions Page 4 Agenda Number: 6 . TO: Dwight Johnson, City Manager '` FROM: Eric Blank, Director of Parks and RecreatioL-- , SUBJECT: LifeTime Fitness- Reduced Summer Rates DATE: April 9, 1999, for Council Meeting of April 13 1. BACKGROUND: At the April 13 study session, I would like the City Council to review a proposal we have discussed with LifeTime regarding reduced summer pool rates. By now, most of the Council is aware that our existing contract with LifeTime required them to provide a reduced summer pool rate after they reached a membership goal of 10,000 people. That goal was reached late last summer, and we are now in the process of trying to put together a program to be experimented with this summer. We have exchanged three or four options with LifeTime for a reduced summer pool program. Our latest meeting took place on Wednesday, April 7. At that time, we reached an agreement on an experimental program to be considered and reviewed by the City Council. In review, the current daily admissions to the.pool are as follows: First adult over 17 (pool use only) $6 Children 13-17 & 2nd adult $5 Children 12 and under $3 2. DISCUSSION: After discussing the possibility of trying to develop an actual summer pass that would be purchased one time and used throughout the summer, Mr. Akradi, President of LifeTime, felt more comfortable with a program similar to the daily admission. Dwight and I had proposed this to him as one of our possible options. The proposal that he has agreed to try is as follows: Children 14 and under $2 15 and up $5 He probably will set up a separate entrance to the pool for this in order to accurately keep track of what's going on. The thing that we are concerned with is the old adage "be careful what you wish for, because you might get it." The outdoor pool is very popular and on many days is quite crowded. The outdoor pool by itself is not large enough to accommodate the needs of a city the size of Plymouth. However, when the outdoor pool is combined with the two indoor pools, we are in better shape. Mr. Akradi tells us that over 6,000 Plymouth residents are currently individual or family members of the club. Our worst fear is that during peak summer days, the pool would reach capacity, and we would have long lines of daily admission people waiting to get in. This could be very frustrating for daily admission people who plan their day around using the pool and then find out they can't get in when they show up. Equally important are the members who are the ongoing financial backers of the club every month. They could become frustrated with the large crowds at the outdoor pool, resulting in their dissatisfaction with both LifeTime and the city. We have indicated to Mr. Akradi that we are going to review this proposal with you at the work session and that we would let him know the status of your review as soon as possible. In order to make this program available to the public, we need a quick answer, so that we can begin publishing this in the May issue of the city newsletter. The program will become effective on Memorial Day weekend and run through Labor Day weekend. Mr. Akradi has asked that I be responsible for determining the success of the program and making any midstream corrections or modifications. He specifically requested that I visit the outdoor pool on a regular basis to observe the possible unfavorable conditions that may be created by a cheap daily admission pass program. For your information, we also have the reduced rate for low to moderate income residents. That program would be run and modified as follows: children under 14 would get in for 1, everyone else would get in for around $3.30. 3. ACTION REQUESTED: In discussing this with the city attorney, there is no formal action necessary by the City Council on this. A general consensus will give staff the direction we need to work with LifeTime to implement the program in a timely manner and begin public notification. EB/np LIFETIME FITNESS Facts as of April 8, 1999 Club has 10,400 memberships. Ward 2 Southwest 55447 21P382 Ward 1 Northwest 55446 1,654 Ward 4 Northeast 55442 11,012 Ward 3 Southeast 55441 1,146 Total City of Plymouth Wayzata School District Total City + School District o 6,194 memberships x 1.75 per membership = 10,839 individuals March, 1999 April, 1999 projected Club lost 170 memberships Club sold 158 memberships Will lose 170 memberships Will sell 158 memberships I Reason for leaving: Overcrowding 2 Reason for leaving: No time to use the club 6,194 1,921 8,115