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012720 City Council Meeting Packet NEW HOPE CITY COUNCIL MEETING AGENDA January 27, 2020 7:00 p.m. City Hall – Council Chambers 4401 Xylon Avenue North Mayor Kathi Hemken Council Member John Elder Council Member Cedrick Frazier Council Member Andy Hoffe Council Member Jonathan London The City Council wants and encourages citizen participation at Council Meetings. Your input and opinions count and are valuable. You are encouraged to bring forth your comments and issues at the appropriate point on the agenda. A 15-minute maximum Open Forum is held at the beginning of each Council Meeting. At this time any person may address the Council on any subject pertaining to City business not listed on this agenda or scheduled as a future agenda item. The Council requests that you limit your presentation to 3 minutes. Anyone wishing to address the City Council on a particular item should raise their hand and be recognized by the Mayor. Approach the podium and speak into the microphone by first stating your name and address. Also, please record your name on the roster at the table near the door so that your name will be spelled correctly in the minutes. Individuals should not expect the Mayor or Council to respond to their comments tonight; Council may refer the matter to staff for handling or for consideration at a future meeting. You are welcome to contact the city clerk at 763-531-5117 after the council meeting. COUNCIL MEETING BROADCASTS AND STREAMING Government Access channel 16 programming includes live/taped meeting replays Live on-line meetings and past meetings on-demand are available through www.nwsccc.org. www.newhopemn.gov New Hope Values and Vision City Mission Strong local government that is proactive in responding to the community needs and issues by delivering quality public service to all city residents, businesses, property owners, and organizations in a prudent and e cient manner. Values Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-e ective manner. Fiscal Responsibility We believe that ﬁ scal responsibility and the prudent stewardship of public funds and city assets is essential if residents are to have conﬁ dence in government. Ethics, Integrity and Professionalism We believe that ethics, integrity, and professionalism are the foundation blocks of public trust and conﬁ dence and that all meaningful relationships are built on these values. Respect for the Individual We believe in the uniqueness of every individual, and welcome, appreciate, and respect diversity and the di ering of opinions. Open, Honest, and Respectful Communication We believe that open, honest, and respectful communication is essential for an informed and involved citizenry and to foster a positive environment for those interacting with our city. Cooperation and Teamwork We believe that the public is best served when all work cooperatively. Visionary Leadership and Planning We believe that the very essence of leadership is to be responsive to current goals and needs, and visionary in planning for the future. Vision e city is a great place to grow as a family, individual, or business. All within our city are safe and secure. Essential services will be those that promote a safe and healthy environment for all residents. Essential services and programs will be enhanced and streamlined, and will be provided in an economical manner and with measurable results. e city views residents as its greatest asset and seeks their input and participation. e city will meet the communication needs of citizens, elected o cials, and city sta . Strategic Goals e city will maintain and improve its infrastructure (water distribution, storm water, sewer, roads, parks, lighting, and city facilities). e city will use frugal spending and resourceful ﬁ nancial management to maintain its ﬁ scal health. e city will encourage maintenance, redevelopment, and reinvestment of existing properties to improve or enhance its tax base. e city will provide core services with a professional sta who are equipped with the necessary tools and equipment and given necessary direction. e city will facilitate and improve communications to promote e ective intergovernmental cooperation between sta , citizens, and Council. Adopted by the New Hope City Council, August 2006 Reaffirmed by the New Hope City Council, February 2019 CITY COUNCIL MEETING City Hall, 4401 Xylon Avenue North Monday, January 27, 2020 7:00 p.m. Regular Session 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE – January 27, 2020 2. ROLL CALL 3. APPROVAL OF MINUTES:  Regular Meeting Minutes – January 13, 2020 4. OPEN FORUM 5. PRESENTATIONS 5.1 2019 Police Department Awards Ceremony 6. CONSENT BUSINESS 6.1 Approval of business license 6.2 Approval of financial claims through January 27, 2020 6.4 Resolution appointing election judges for Presidential Nomination Primary on March 3, 2020 6.5 Resolution approving change order no. 6 in the amount of $20,110 with Terra General Contractors for police station/city hall construction project (Improvement Project No. 994) 6.6 Resolution approving change order no. 1 in the amount of $6,433.82 with Video Services Inc. for police station/city hall construction project (Improvement Project No. 994) 7. PUBLIC HEARING 8. DEVELOPMENT AND PLANNING 8.1 Resolution approving Conditional Use Permit for microdistillery with cocktail room at 7530 42nd Avenue North (New Hope Planning Case 20-04) 9. PETITIONS AND REQUESTS 10. ORDINANCES AND RESOLUTIONS 10.1 Ordinance No. 20-04, an ordinance amending Chapter 10 of the New Hope City Code allowing for on-sale Sunday sales of malt liquor at brewery taprooms, on-sale Sunday sales of distilled liquor at microdistillery cocktail rooms, and off-sale intoxicating liquor sales at microdistilleries (New Hope Planning Case 20-03) 10.2 Ordinance Nos. 20-01 and 20-03, ordinances amending chapters 3 and 4 of the New Hope City Code adopting a Business/Warehouse Zoning District, repealing self storage as a conditional use in the Industrial District, requiring an administrative permit for limited open outdoor storage in the Industrial District, and amending the zoning map of New Hope by rezoning certain properties from Industrial to Business/Warehouse 10.3 Ordinance No. 20-02, An ordinance amending Section 6-14(e)(3) of the New Hope City Code related to right-of-way management and the exceptions to registration requirements 11. UNFINISHED AND ORGANIZATIONAL BUSINESS 12. OTHER BUSINESS 12.1 Exchange of communication between members of the city council 13. ADJOURNMENT Memorandum To: New Hope City Council From: Kirk McDonald, City Manager Date: January 23, 2020 Subject: Agenda Items for Monday, January 27, 2020 Open Forum We are not aware of anyone who intends to address Council for the open forum. Item 5.1 Chief Fournier would like to recognize police officers and citizens in accordance with the police department's Personnel Recognition and Commendations policy. Items 6.1, 6.2, and 6.3 Item 6.1 – there is one new business license request for a massage therapist license. Item 6.2 - involves routine financial claims. Item 6.3 – there are no new liability claims to report. Item 6.4 This item appoints election judges who are willing to serve at polling places for the March 3rd Presidential Nomination Primary. In addition to adult election judges, the city will be utilizing six student election judges through a partnership with the New Hope YMCA. All judges must attend a training session. State law requires municipalities to make appointments at least 25 days prior to election day. City Clerk Leone and I recommend approval. Item 6.5 This item approves change order no. 6 with Terra General Contractors for the police station/city hall facility. The Council reviewed the change order at the January 21 work session. Change order no. 6 is in the amount of $20,110 and includes minor changes that were required after staff moved into the building, including temporary asphalt sidewalks, revisions to elevator emergency power, heating duct addition, additional exterior light at fire station parking lot, and hardware and lock changes. The change order will increase the contract amount to $15,180,664, and the overall project balance is $114,430. The project will not be closed out until later this year since there are a few exterior items that will be completed this spring. I recommend approval of the change order. Item 6.6 This item approves change order no. 1 with Video Services, Inc. for the police station/city hall facility. The Council reviewed the change order at the January 21 work session. Change order no. 1 is in the amount of $6,433.82 and includes minor adjustments to the technology equipment that was installed in the council  Page 2 chambers, work session, and cable broadcast rooms. The overall project cost, including this change order, is $15,180,664, and the overall project balance is $114,430. I recommend approval of the change order. Item 8.1 This item approves a CUP for a microdistillery and cocktail room at 7530 42nd Avenue North (the former Mountain Mudd site). This is the first application for such a business in New Hope. The cocktail room would be open to the public approximately 30 hours per week (Wednesday through Sunday). A text amendment is necessary to allow the business to be open on Sundays and is outlined in Item 10.1. The Planning Commission considered the request for a CUP at its January 7 meeting and unanimously recommended approval subject to seven conditions which are acceptable to the petitioner. If the CUP is approved, the applicant will submit an application for a liquor license/background investigation. Director Sargent and I recommend approval of the CUP. Item 10.1 This is an ordinance amendment to allow for on-sale and off-sale Sunday sales of distilled liquor at microdistillery cocktail rooms and on-sale Sunday sales of malt liquor at brewery taprooms. This section was not amended in 2017 when the state legalized off-sale Sunday liquor sales. The amendment will make the code consistent for all liquor businesses in the city. Director Sargent and I recommend approval. Item 10.2 This item contains two ordinance amendments related to adoption of a Business/Warehouse Zoning District and rezoning of properties that have self-storage uses to the B-W zoning district. Ordinance No. 20-01 amends the zoning code and Ordinance No. 20-03 amends the zoning map. Summary ordinances have been prepared for both to save on publication costs. Last fall Council directed staff to review the city’s industrial zoning code to ensure it was accommodating the changing needs of the community. The Planning Commission recommends establishment of a new zoning district to provide for wholesale and retail trade of large volume or bulk commercial items, self-storage, and warehousing. There are eight parcels that are impacted by the rezoning, and they were all notified about the change. A public hearing was held at the Planning Commission’s meeting on January 7, 2020, and the Planning Commission supports the change. One motion can be made to approve both ordinance amendments. Director Sargent and I recommend approval. Item 10.3 Last fall the Codes and Standards Committee of the Planning Commission began review of the right-of- way management section of the city code. Staff studied neighboring cities’ codes and recommends eliminating two exceptions (fences and parking lots) and allowing irrigation systems. These changes will make New Hope’s code more consistent and conforming. A public hearing was held at the Planning Commission’s meeting on January 7, 2020, and the Planning Commission supports the change. Director Sargent and I recommend approval. Item 12.1 Mayor Hemken will review the list of upcoming events/meetings.  Page 3 If you have any questions regarding items in the agenda packet, I would appreciate a call before the meeting so that I can research any issues and be prepared to respond at the meeting. New Hope City Council January 13, 2020 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes January 13, 2020 Regular Meeting City Hall, 7:00 p.m. CALL TO ORDER The New Hope City Council met in regular session pursuant to due call and notice thereof; Mayor Hemken called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE The City Council and all present stood for the Pledge of Allegiance. ROLL CALL Council present: Staff present: Kathi Hemken, Mayor John Elder, Council Member Cedrick Frazier, Council Member Andy Hoffe, Council Member Jonathan London, Council Member Kirk McDonald, City Manager Dan Boyum, City Engineer Tim Fournier, Director of Police Rich Johnson, Director of HR/Admin. Services Valerie Leone, City Clerk Susan Rader, Director of Parks & Recreation Jeff Sargent, Director of Community Development Stacy Woods, Assistant City Attorney APPROVAL OF MINUTES Motion was made by Council Member Frazier, seconded by Council Member Elder, to approve the special work session minutes of December 2, 2019, regular meeting minutes of December 9, 2019, work session meeting minutes of December 16, 2019, work session meeting minutes of January 6, 2020, and executive session meeting minutes of January 6, 2020. Voted in favor thereof: Hemken, Elder, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: None. Motion carried. OPEN FORUM There was no one present desirous of addressing the council. ROTATING VOTES Please note that votes taken on each agenda item are called by the secretary on a rotating basis; however, the written minutes always list the mayor’s name first followed by the council members’ in alphabetical order. CONSENT AGENDA Mayor Hemken introduced the consent items as listed for consideration and stated that all items will be enacted by one motion unless requested that an item be removed for discussion. Mr. Kirk McDonald, city manager, reviewed the consent items. New Hope City Council January 13, 2020 Page 2 Council Member London inquired of the fireworks license requested by Hy-Vee. City Clerk Leone stated the license is for consumer fireworks sold for use by the general public. Council Member London suggested the weed inspector position be officed at city hall with the other city inspectors for a team approach. City Manager McDonald stated he would take Council Member London’s suggestion under advisement. BUSINESS LICENSES Item 6.1 Approval of business licenses. FINANCIAL CLAIMS Item 6.2 Approval of financial claims through January 13, 2020. RESOLUTION 2020-02 Item 6.4 Resolution appointing city attorney. RESOLUTION 2020-03 Item 6.5 Resolution appointing Dan Boyum of Stantec Consulting Services Inc. as city engineer for sewer, water, street, and storm sewer projects and general work. RESOLUTION 2020-04 Item 6.6 Resolution appointing New Hope – Golden Valley Sun Post as official newspaper for city of New Hope. RESOLUTION 2020-05 Item 6.7 Resolution designating Wells Fargo as depository for payroll account and general or special funds of the city of New Hope. RESOLUTION 2020-06 Item 6.8 Resolution designating depositories for funds of the city of New Hope relative to investments. RESOLUTION 2020-07 Item 6.9 Resolution appointing city manager as director to the HRG Board for a term expiring December 31, 2020. WEED INSPECTOR Item 6.10 Appointment of assistant weed inspector for 2020 . BOARD OF APPEAL Item 6.11 Approval of April 2, 2020, as date for local Board of Appeal and Equalization Meeting. RESOLUTION 2020-08 Item 6.12 Resolution ordering published notice and scheduling public hearing to approve the projected use of funds for the 2020 Urban Hennepin County Community Development Block Grant Program. RESOLUTION 2020-09 Item 6.13 Resolution approving final payment to Pearson Brothers in the amount $13,978.58 for the 2019 Crack Repair and Seal Coat Project (Improvement Project No. 1031). RESOLUTION 2020-10 Item 6.14 Resolution ratifying the 2020-2022 labor agreement with Law Enforcement Labor Services (LELS) Local #77. RESOLUTION 2020-11 Item 6.15 Resolution ratifying the 2020-2022 labor agreement with Law Enforcement Labor Services (LELS) Local #273. New Hope City Council January 13, 2020 Page 3 RESOLUTION 2020-12 Item 6.16 Resolution approving Change Order No. 6 in the amount of $4,827.35 with Donlar Construction Company for the pool construction project (Improvement Project No. 995). MOTION Consent Items Motion was made by Council Member Elder, seconded by Council Member Frazier, to approve the Consent items. All present voted in favor. Motion carried. BEGIN PARK PLAYGROUND IMPROVEMENTS (PROJECT NO. 1040) Item 8.1 Mayor Hemken introduced for discussion Item 8.1, Motion to authorize preparation of plans and specifications for playground improvements at Begin Park (Improvement Project No. 1040). Mr. Dan Boyum, city engineer, stated Begin Park is located at 5407 Wisconsin Avenue North, and the equipment was last replaced in 1996. He stated the existing playground equipment is from Landscape Structures and it will be the city’s first project for the equipment refurbishment program. He noted in addition to the playground equipment, the project includes replacement of the container and park sign. He stated the neighborhood will be involved similar to other past park projects and subsequent to neighborhood committee meetings, the p referred design will be brought forward for Council approval. He stated funding of $200,000 is available in the Park Infrastructure Fund. Council Member Elder commended park and recreation staff for seeking input from the neighborhood. Council Member Frazier noted the park is in his neighborhood and he is looking forward to participating in the process. Director Rader emphasized the importance of obtaining neighborhood input since the neighborhood is the primary user of park amenities. MOTION Item. 8.1 Motion was made by Council Member Elder, seconded by Council Member Frazier, to authorize preparation of plans and specifications for playground improvements at Begin Park (Improvement Project No. 1040). All present voted in favor. Motion carried. MAYOR PRO TEM Item 10.1 Mayor Hemken introduced for discussion Item 10.1, Resolution appointing a council member as mayor pro tem for 2020. Mayor Hemken explained the mayor pro tem position is rotated based on seniority. She stated it is Council Member Frazier’s turn and he is willing to serve in the position. Council unanimously supported the nomination of Council Member Cedrick Frazier as mayor pro tem for 2020. RESOLUTION 2020-13 Item 10.1 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION APPOINTING A COUNCIL MEMBER AS MAYOR PRO TEM FOR 2020.” The motion for the adoption of the foregoing resolution was seconded by Council Member Hoffe, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Hoffe, London; and the following voted against the same: None; Abstained: Frazier; Absent: None; whereupon the New Hope City Council January 13, 2020 Page 4 resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. AFFORDABLE RENTAL HOUSING REGULATIONS Item 10.2 Mayor Hemken introduced for discussion Item 10.2, Ordinance No. 20 -05, an ordinance amending chapter 3, building and sign regulations, of the new hope city code by adding a new section 3-35 relating to the sale of affordable rental housing and establishing notice and relocation assistance requirements for new owners. Mr. Jeff Sargent, director of community development, explained the proposed ordinance establishes requirements for the sale of affordable rental housing buildings and establishes notice and relocation assistance requirements for new rental housing owners. He stated Council reviewed the proposed ordinance at its work session of December 16 and expressed support. If the ordinance is adopted, staff will notify attendees of property manager’s meetings and new owners of multi-tenant buildings through the point of sale process. Ms. Cassie Bair, Community Outreach Director of New Hope Church, was recognized. She thanked the New Hope City Council for adoption of t he ordinance. She noted the action shows renters they are a valuable part of the community. She noted the hardships faced by families when they are displaced as a result of rent increases. Ms. Bair encouraged the Council to consider other ways to support future changes for the betterment of rental property tenants. ORDINANCE 20-05 Item 10.2 Council Member Frazier introduced the following ordinance and moved its adoption: “ORDINANCE NO. 20-05, AN ORDINANCE AMENDING CHAPTER 3, BUILDING AND SIGN REGULATIONS, OF THE NEW HOPE CITY CODE BY ADDING A NEW SECTION 3-35 RELATING TO THE SALE OF AFFORDABLE RENTAL HOUSING AND ESTABLISHING NOTICE AND RELOCATION ASSISTANCE REQUIREMENTS FOR NEW OWNERS.” The motion for the adoption of the foregoing ordinance was seconded by Council Member Elder, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the ordinance was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. 2020 CITY MANAGER GOALS Item 11.1 Mayor Hemken introduced for discussion Item 11.1, Motion approving city manager goals for 2020. Mr. Kirk McDonald, city manager, stated his employment agreement calls for defining goals annually in January. Mr. McDonald stated he presented the initial list of goals at the December 16 work session. Council Member London requested that a targeted completion date be added to Goal No. 2. Council agreed to the list as presented. MOTION Item 11.1 Motion was made by Council Member Frazier, seconded by Council Member Hoffe, approving city manager goals for 2020 with a minor amendment. All present voted in favor. Motion carried. New Hope City Council January 13, 2020 Page 5 CITY MANAGER EMPLOYMENT AGREEMENT Item 11.2 Mayor Hemken introduced for discussion Item 11.2, Resolution approving tenth amendment to city manager employment agreement. Mr. Kirk McDonald stated the Council reviewed his performance at the December 16 work session and the city attorney has prepared the amendment to the employment agreement per Council’s direction. Council expressed their appreciation for Mr. McDonald’s job performance. RESOLUTION 2020-14 Item 11.2 Council Member Frazier introduced the following resolution and moved its adoption: “RESOLUTION APPROVING TENTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT.” The motion for the adoption of the foregoing resolution was seconded by Council Member Hoffe, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. EXCHANGE OF COMMUNICATION Item 12.1 Mayor Hemken introduced for discussion Item 12.1, Exchange of communication between members of the City Council. Mayor Hemken reported on upcoming events. ADJOURNMENT Motion was made by Council Member Frazier, seconded by Council Member Elder, to adjourn the meeting, as there was no further business to come before the Council. All present voted in favor. Motion carried. The New Hope City Council adjourned at 7:45 p.m. Respectfully submitted, Valerie Leone, City Clerk I:\RFA\POLICE\RFA 2019 Police Awards.docx Request for Action January 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Police By: Tim Fournier, Chief of Police Agenda Title 2019 Police Department Awards Ceremony Requested Action Chief Fournier would like to conduct the annual awards ceremony at the council meeting. Policy/Past Practice Past practice has shown that police employees are routinely recognized for good work during the course of their career. Citizens are also routinely recognized by the police department for their efforts to help the department. The police department’s Personnel Recognition and Commendations policy allow for a more structured public recognition event. The policy calls for an awards ceremony to take place at a council meeting for events that occur in the previous year. Both police department employees and citizens are recognized at this ceremony. Background A brief background is presented regarding the reason and type of award to be given to each officer and citizen. Family and friends are invited to the recognition ceremony. Agenda Section Presentations Item Number 5.1 I:\RFA\City Manager\2020\6.1 Business Licenses\6.1 Q-Business Licenses 012720.docx Request for Action January 27, 2020 Approved by: Kirk McDonald Originating Department: City Manager By: Valerie Leone, City Clerk-Treasurer Agenda Title Approval of business license(s) Requested Action In accordance with Chapter 8 of the New Hope Code, all applications for business licenses must be presented to the City Council for consideration. Staff recommends approval of all listed requests. Background All required paperwork and fees have been received for the following business: Evelyn Jeronimo 4239 Winnetka Ave N (Lifetime Fitness) Therapeutic Massage Therapist Attachments:  Memo from Det. Loser re: Massage Therapist Application, Evelyn Jeronimo Agenda Section Consent Item Number 6.1 G:\City Manager\AGENDA\6.2 R-Approval of Claims Merge Doc.docx Request for Action January 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Kirk McDonald, City Manager Agenda Title Approval of claims through January 27, 2020 Requested Action Claims for services and commodities purchased through this period are listed on the Check Disbursement Report Attachments x Check Disbursement Report Agenda Section Consent Item Number 6.2 I:\RFA\City Manager\2020\Q-elec jud appt 2020 PNP.docx Request for Action January 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk/Treasurer Agenda Title Resolution appointing election judges for Presidential Nomination Primary on March 3, 2020 Requested Action Staff recommends adoption of the resolution appointing election judges. Policy/Past Practice The city must follow state statutes relative to election law. Background M.S.§204B.21 requires each municipality to adopt a resolution appointing election judges. Appointments must be made at least 25 days prior to the election during which the judges will serve. All judges are required to attend a paid training session. Staffing levels for the polling places are four to six persons depending on precinct size. Many judges work half day shifts. Spouses can both serve as election judges, but they cannot work at the same polling place during the same shift. The city of New Hope is fortunate to have many residents willing to serve as election judges. Any Minnesota resident who is eligible to vote and is able to read, write, and speak English may serve as an election judge. In addition to working on election day, judges assist staff prior to election day to conduct absentee voting at the city’s three health care facilities. Absentee balloting (also known as early voting) began January 17 and direct voting begins February 25 (election judges may be asked to assist with direct balloting if there is high voter turnout). Hennepin County issues absentee ballots for on-line applications, and city staff handles ballot issuance for walk- in voters. Attachments  Resolution  Exhibit A - list of election judges Agenda Section Consent Item Number 6.4 City of New Hope Resolution No. 2020 - Resolution appointing election judges for Presidential Nomination Primary on March 3, 2020 WHEREAS, the City Clerk has submitted for approval a list of election judges to officiate at the Presidential Nomination Primary (PNP) on March 3, 2020; and WHEREAS, said list includes those individuals who have agreed to serve as Election Judges; and WHEREAS, Minnesota Statute Section 203B.121 requires establishment of an Absentee Ballot Board to facilitate the absentee process for an upcoming e lection; WHEREAS, City Hall serves as an absentee ballot center for the residents of New Hope; and WHEREAS, Hennepin County staff may also serve as election judges to administer absentee ballots on behalf of New Hope voters under the direction of the Hennepin County Elections Manager; and WHEREAS, the City Clerk has the authority per MS 204B.21 subd. 2 to add additional Election Judges within the 25-day period before each election if it is determined that additional elections judges are required to conduct the 2020 PNP; and NOW, THEREFORE BE IT RESOLVED the New Hope City Council hereby approves the attached list of election judges to officiate at the 2020 PNP. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 27th day of January, 2020. ____________________________ Mayor Attest: ______________________________ City Clerk EXHIBIT A Last First Allen Kris Ancier LeeAnn Burns Thomas Butler Sarah Calaway-Jones King Carlson Daisy Collier Patti Coone Norman Crampton Thomas Cranbrook Carole Crane Brian Deutsch Marjorie Dunn Lailah Fedje Richard Fernandez Shanelle Fundingsland Donna Gale Edward Goldman Beverly Goldman Joseph R. Grant Marcia Grant Robert Hamilton Colleen Harms Piper Hudson Linda Jain Rodger Janzen Shirley Jayee Dehkontee Johnson Jackie Johnson Michael Johnson Nancy LaBissoniere Alana Land Barbara Landy Roger Lietzow Jay McCritty Wilma Miller Glenn Nolte Sandy Nyce David Peterson Margaret Last First Reich Marilyn Reid Jamila Rubin Roger Schafer Matthew Schwenneker Ronda Senay Eddle Spilde Marge Stulberg Elizabeth Swenson Paul Taylor Nya Torgerson Jason Vogelbacher Judy Ware John D. Willenbring Bede Wilson Judy Zahn Zelda I:\RFA\City Manager\2020\Police Station-City Hall Construction Project 994\Final Change Order 01 27 20\Q&R - Police Station and City Hall Construction (Improvement Project No. 994) Change Order No. 6.docx Request for Action January 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Kirk McDonald, City Manager Agenda Title Resolution approving change order no. 6 in the amount of $20,110 with Terra General Contractors for police station/city hall construction project (Improvement Project No. 994) Requested Action Staff requests that the City Council approve change order no. 6 to the contract for the new police station/city hall construction project in the amount of $20,110. The Council reviewed the change order at the January 21, 2020 work session. Policy/Past Practice The City Council considers change orders when unforeseen circumstances arise or changes are recommended for a city project. Background The City Council awarded a construction contract to Terra General Contractors at the December 11, 2017 Council meeting in the amount of $14,792,500. At the March 19, 2018 work session, Wold Architects updated the Council on additional Xcel Energy costs to re-route power before demolition and a schedule delay/cost impact. At that meeting, the Council also authorized the city manager discretion to approve change orders up to $25,000 to keep the project on schedule with the understanding that all change orders must be formally approved by the Council. At the April 23, 2017 work session, Wold Architects reported on soil issues and a recommendation of a foundation change to helical piers on the east side of the building. Change order no. 1 was approved at the May 14 Council meeting in the amount of $164,170, which increased the construction contract amount to $14,956,670. The construction contingency amount is $500,000, so after the change order the balance was reduced to $335,830. At the June 18 work session, Wold Architects discussed the need for helical piers on the west side of the building/retaining wall at an estimated cost of $38,618. The Council gave informal approval with the understanding that a formal change order would be presented in the future. At the August 20 work session, Wold Architects discussed change order no. 2 in the amount of $90,330, including the west helical piers, low voltage revisions, structural revisions and other minor items. The change order was approved at the August 27 Council meeting. The change order increased the revised contract amount from $14,956,670 to $15,047,000 and reduced the construction contingency to $245,000. At the December 17 work session, Wold Architects discussed change order no. 3, which was a credit to the contract in the amount of $9,949. The change order, which included both credits and additions, was approved at the January 14 Council meeting. The change order reduced the contract amount from $15,047,000 to $15,037,051 and the construction contingency amount was adjusted to $205,449, as additional contingency funds were added to the Bid Pack #2 category based on updated estimates form the city engineer. At the January 14 Council meeting, Wold Architects also discussed the need for additional drain tile and sump system Agenda Section Consent Item Number 6.5 Request for Action, Page 2 that were necessary for the police garage, with an initial quote of $62,000. The Council author ized the drain tile work for a cost not to exceed $62,000. At the March 18, 2019 work session, Wold Architects discussed change order no. 4. The total amount of the change order was $69,853 and included $53,156 for the sump pump and drain tile for the police garage due to excess ground water. The change order was approved at the March 25 City Council meeting. The change order increased the contract amount from $15,037,051 to $15,106,904 and the construction contingency after the change order was $135,596. At the March 18 work session, Wold Architects also reported the need to include a flammable waste trap and sump pits with a price of approximately $15,000 for equipment and installation of foundation support. Wold indicated they were negotiating pricing to determine fair value and a change order for the work due to wet soils would be presented in the future. At the May 20, 2019 work session Wold Architects was present to discuss change order no. 5 in the amount of $53,650. The change order primarily deals with the delay in construction at the beginning of the project due to Xcel Energy and soil correction/retention issues in the police garage previously discussed with the Council. The change order was approved at the May 28, 2019 Council meeting. The change order increased the contract amount from $15,106,904 to $15,160,544. At the January 21, 2020 work session Wold Architects was present to discuss change order no. 6 in the amount of $20,110. The change order includes minor changes that were made after staff moved into the building, including temporary asphalt sidewalks, revisions to elevator emergency power, heating duct addition, additional exterior light at fire station parking lot, and hardware and lock changes. The change order increases the contract amount to $15,180,664 and the overall project balance is $114,430. Staff recommends approval of the change order. Attachments  Resolution  January 15, 2020 Wold Architects Memo  Change Order No. 6  Updated Project Budget City of New Hope Resolution No. 2020 - Resolution approving change order no. 6 in the amount of $20,110.00 with Terra General Contractors for police station/city hall construction project (Improvement Project No. 994) WHEREAS, the city has received the request for change order no. 6 from Wold Architects for Terra General Contractors relating to the contract for the police station/city hall construction project (Improvement Project No. 994) in the amount of $20,110.00; and WHEREAS, the items in change order no. 6 include minor changes that were made after staff moved into the building, including temporary asphalt sidewalks, revisions to elevator emergency power (per elevator inspector), heating duct addition, additional exterior light at fire station parking lot, and hardware and lock changes, etc. ; and WHEREAS, the City Council reviewed the change order with Wold Architects at the January 21 work session and directed staff to place the change order on the January 27, 2020 Council agenda for formal action; and WHEREAS, the original contract with Terra General Contractors was in the amount of $14,792,500 and the Wold budget included a $500,000 contingency; and WHEREAS, at the May 14, 2018 city council meeting change order no. 1 was approved in the amount of $164,170, which increased the contract amount to $14,956,670 and decreased the contingency to $335,000; and WHEREAS, at the August 27, 2018 city council meeting change order no. 2 was approved in the amount of $90,330, which increased the contract amount to $15,047,000 and decreased the contingency to $245,500; and WHEREAS, at the January 14, 2019 city council meeting, change order no. 3 was approved in a credit amount of $9,949, which decreased the contract amount to $15,037.51 and the contingency amount was adjusted to $205,449, as additional contingency funds were added to the Bid Pack #2 category based on updated estimates from the city engineer; and WHEREAS, at the March 25, 2019 City Council meeting, change order no. 4 was approved in the amount of $69,853, which increased the contract amount to $15,106,904 and decreased the contingency to $135,596; and WHEREAS, at the May 28, 2019 City Council meeting change order no. 5 was approved in the amount of $53,650, which increased the contract amount to $15,160,554; and WHEREAS, change order no. 6 increases the contract amount to $15,180,664 and the overall project balance is $114,430; and Request for Action, Page 2 WHEREAS, Wold Architects and staff recommend approval of the change order. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that change order no. 6 to Terra General Contractors contract is approved in the amount of $20,110 and that all other respects of the contract shall remain in full force and effect according to its terms. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 27th day of January, 2020. ______________________________ Mayor Attest: ________________________ City Clerk MEMORANDUM To: Kirk McDonald, City of New Hope From: Ben Beery | BB Date: January 15, 2020 Comm. No: 172007 Subject: City of New Hope New Police/City Hall Facility Change Order No. 6 (Terra) and Change Order No. 1 (VSI) Summary Below is a summary of the costs associated with Change Order #6 (Terra) and Change Order #1 (Video Services) for the City Councils consideration on January 21, 2020. The change orders are attached to this memorandum. Change Order No. 6 Summary / Terra General 1. COR #68 Revised Sump Pump at Existing Basin ($2,627.00) / Credit Revised piping on sump on basement to save costs. 2. COR #69 Revised Casework in B115 $620.00 / Value Added Revised casework in copy room per direction from City Staff. 3. COR #77 Add Electric Strike to Door B145 $1,165.00 / Value Added Added electric strike to door to operate a card reader. 4. COR #79 Key Box $401.00 / Value Added Increased size of key box per direction from City Staff. 5. COR #80 FEC Change in A131A $263.00 / Value Added Relocated Fire Extinguisher per owner and fire marshal request. 6. COR #84 Option #3 A110A Monitors ($1,735.00) / Credit Deleted tv monitors from contractors scope. 7. COR #85 Generator Fuel Grade Change $869.00 / Value Added Upgraded grade of generator fuel per direction from City Staff. 8. COR #86 Changed Actuator on Door A110 $431.00 / Value Added Changed door actuator paddle from wall mount to mullion mount. MEMORANDUM Page 2 of 5 9. COR #87 Add Ceiling Access Panel in Chambers $0.00 / No Cost Added access panels in ceiling. This was in the original contract as extra materials. 10. COR #88 Remove Marker board in B125 $525.00 / Value Added Revised marker board layout per direction from City Staff. 11. COR #89 Omit VB from A133,A134,A135,A136,A139 ($170.00) / Credit Removed vinyl base from mechanical rooms. 12. COR #90 Add water lines to Refrigerators $593.00 / Value Added Add water lines to accommodate owner purchased refrigerators. 13. COR #91 Falcon Sensor System $0.00 / No Cost Substituted a floor loop for a Falcon Sensor for door control per manufactures recommendations. 14. COR #92 Lock Changes B143 and B122 $877.00 / Value Added Revised locks on doors per City Staff direction. 15. COR #93 Credit for Copy Room Door B106 ($835.00) / Credit Deleted sliding door per City Staff direction. 16. COR #94 Plates for Scramble Pads $962.00 / Value Added Added plates to sides and top of scramble pad key pads for additional privacy. 17. COR #95 Hardware Change to Door A130A $1,521.00 / Value Added Revised locks on doors per City Staff direction. 18. COR #96 Asphalt for Temp Sidewalks $2,363.00 / Value Added Contractor provided temporary asphalt sidewalks for building use. 19. COR #98 Add an additional light fixture head $1,428.00 / Value Added Added an additional exterior light at the Fire Station. 20. COR #99 Conduit for Irrigation Box From Boiler Room $326.00 / Value Added Added a pathway for irrigation controls per Stantec direction. 21. COR #100r2 Added FE Cabinet and Extinguishers $623.00 / Value Added Added two fire extinguishers per Fire Marshall Direction. MEMORANDUM Page 3 of 5 22. COR #101 Duct Heater in Room B144 $5,597.00 / Value Added Added a duct heater to control humidity in room B144 due to lack of heat from equipment. 23. COR #102 Holding Cell Floors ($1,347.00) / Credit Revised finish on holding cell floors. 24. COR #103 Wall Finish Work from PR 35 $821.00 / Value Added To accommodate furniture selection, some walls had to be opened up to accommodate power needs. 25. COR #105 Clerical Floor Box Change on B111 $244.00 / Value Added Revised floor box to accommodate furniture. 26. COR #106 Credit for Sidewalk Removal ($135.00) / Credit Removed sidewalk removal from contract as it was completed by another contractor. 27. COR #108 Elevator Emergency Power $7,330.00 / Value Added Revise emergency power per Elevator Inspector. Change Order No. 1 Summary / Video Services, Inc. 1. RFI 3 Replace TSCW-730 with TSW-760 and RMC3 $0.00 / No Cost Product replacement due to availability. No cost. 2. RFI Item #7 - Mounting council chambers displays overhead $393.55 / Value Added Revised mounting of monitors in Chambers. 3. RFI Item #10 - Add finger molding and mic cables. $483.86 / Value Added Changed mic cables and cable management at Dias per contractor recommendation. 4. RFI Item #15 - Move council video feed to work session switcher $0.00 / No Cost Moved video feed per contractor recommendation. 5. RFI Item #16, #22 - Touch panel table top adaptor. $258.06 / Value Added Added adapter to touch panels in two rooms. 6. RFI Item #18 - WP1 and WP2 rough ins for podium connection $500.00 / Value Added Added rough in for wall connections for podiums. 7. RFI Item #24 - Small conference rooms network switch $387.09 / Value Added Added network switch per installers recommendations. MEMORANDUM Page 4 of 5 8.RFI Item #29 - Corridor control upgrade $516.12 / Value Added Upgraded corridor volume control per installers recommendations. 9.RFI Item #31 - Dais mic control to computer/digital control.$451.61 / Value Added Upgraded volume control to be digital control in control room per installer’s recommendations. 10.RFI Item #35 - Upgrade work session to 2 channel loop system.$1,261.15 / Value Added Upgraded assisted listening system per installers recommendations. 11.RFI Item #36 - Remove Blu-ray from roll call room.($268.81) / Credit Deleted Blu-ray player per City Staff Direction. 12.RFI Item #37 - LG displays in place of Samsung $0.00 / No Cost Changed manufacturer due to availability. 13.RFI Item #38 - Mount discontinued for display in roll call $451.61 / Value Added Change of product due to discontinued mount. 14.RFI Item #39 – Revise Podium transmitter for CC, WS, PC, and RC ($2,150.50) / Credit Revised product due to availability. 15.RFI Item #43 – Upsize extron panel to 10" touch panel.$386.11 / Value Added Increased touch screen panel size to better accommodate user interface. 16.RFI Item #44 - Adding DSP to work session.$1,354.82 / Value Added Added DSP switcher to work session to mix audio. 17.RFI Item #47 - Change plates at displays for AV connections.$412.90 / Value Added Revised plates behind displays to accommodate all AV connections. 18.RFI Item #48 - Add second HDMI for computer at staff podium.$632.25 / Value Added Added an additional HDMI input for permanent computer. 19.RFI Item #49 – Add Wiring to staff rear table in council chambers.$335.00 / Value Added Added wiring location for recorder to rear staff table. 20.PR 1 – Audio Monitor Equipment Replacement $830.00 / Value Added Change of product due to discontinued product from manufacturer. 21.Mount CD Recorder $208.00 / Value Added Located CD Recorder at location directed by City Staff. $199.00 MEMORANDUM Page 5 of 5 Wold Architects and Engineers recommends approval of these Change Orders. Please let me know if you have any questions. cc: Joel Dunning, Wold CM/CI_NewHope/172007/crsp/jan20 City of New Hope Police & City Hall 1/15/2020 COST ANALYSIS Bid Update Award FUNDING SOURCE 12/4/2017 1/15/2020 New Police/City Hall (net proceeds) $18,900,000 $18,900,000 Utility - Energy Rebates $50,000 $49,851 Generator Funding $235,000 $235,000 Council Chambers Equipment $204,000 $204,000 TOTAL FUNDING $19,389,000 $19,388,851 CONSTRUCTION Bid Pack #1 Building Construction 14,792,500 $ 14,792,500 $ Site Development incl incl Change Order 1 164,170 $ Change Order 2 90,330 $ Change Order 3 (9,949) $ Change Order 4 69,853 $ Change Order 5 53,650 $ Change Order 6 20,110 $ Construction Contingency Remaining 500,000 $ -$ Subtotal 15,292,500 $ 15,180,664 $ Bid Pack #2 Parking Lot & Landscaping 630,000 $ 890,000 $ Landscaping 400,000 $ 385,000 $ Building Demolition 200,000 $ 225,000 $ Change Order (Veit) 25,904 $ Contingency 40,000 $ -$ Subtotal 1,270,000 $ 1,525,904 $ SUBTOTAL 16,562,500 $ 16,706,568 $ FEES, TESTING Architectural Fees 830,000 $ 830,000 $ Engineering Fees 117,370 $ 155,870 $ Geotechnical/Surveying/Wetland Delineation 20,000 $ -$ Reimbursables 50,000 $ 44,100 $ Metropolitan Council / City SAC ([#] SAC units) 80,000 $ 52,185 $ Abatement 25,000 $ 800 $ Abatement Testing 2,874 $ 5,216 $ Water Access Charge Fee incl incl Trunk Water Fee incl incl Health Dept. Plumbing Plan Review Fee 2,500 $ 2,127 $ Health Dept. Food Service Plan Review Fee -$ -$ Utility Transformer Fees/Inspection 40,000 $ 64,389 $ Bid Advertisement/Printing 10,000 $ 2,524 $ Legal Allowance -$ -$ Special Structural Inspections 50,000 $ 99,638 $ Moving Costs 25,000 $ 24,179 $ Civil Defense Siren Relocation 6,700 $ 6,700 $ Private Locates -$ 370 $ Contingency 50,000 $ -$ SUBTOTAL 1,309,444 $ 1,288,098 $ FURNITURE & EQUIPMENT / TECHNOLOGY Furniture Allowance 655,000 $ -$ Furniture & Equipment Allocated -$ 597,716 $ Equipment Allowance 100,000 $ -$ Low Voltage (Logis) 300,000 $ 172,906 $ Technology Allowance (Council Chambers) 225,000 $ 453,500 $ Technology Change Order -$ 6,434 $ Furnishing/Consultant Fees 39,300 $ 39,300 $ Technology Consulting Fees 9,900 $ 9,900 $ Contingency 50,000 $ -$ SUBTOTAL (FF&E) 1,379,200 $ 1,279,755 $ PROJECT BALANCE $137,856 $114,430 WIDocs/projects/predesign/cost_analysis_master Commission No. [COMM #] I:\RFA\City Manager\2020\Police Station-City Hall Construction Project 994\Video Services, Inc. Change Order No. 1\6.6 Q&R - VSI Change Order No. 1_01 27 20.docx Request for Action January 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Kirk McDonald, City Manager Agenda Title Resolution approving change order no. 1 in the amount of $6,433.82 with Video Services, Inc. for police station/city hall construction project (Improvement Project No. 994) Requested Action Staff requests that the City Council approve change order no. 1 to the Video Services, Inc. contract for the new police station/city hall construction project in the amount of $6,433.82. The Council reviewed the change order at the January 21, 2020 work session. Policy/Past Practice The City Council considers change orders when unforeseen circumstances arise or changes are recommended for a city project. Background The City Council awarded an audio/visual contract to Video Services, Inc. for the new police station/city hall construction project at the May 11, 2019 Council meeting in the amount of $453,000. The Video Services, Inc. contract was included as a separate component of the Wold Architects budget for the construction project. A number of minor adjustments were made in the technology equipment that was installed in the council chambers, work session, and cable broadcast rooms. A change order for the adjustments in the amount of $6,433.82 was reviewed with the Council at the January 21 work session. The change order includes both additions and credits. After the change order is processed, the overall project balance is $114,430. Staff recommends approval of the change order. Attachments  Resolution  January 15, 2020 Wold Architects Memo  Change Order No. 1  Updated Project Budget Agenda Section Consent Item Number 6.6 City of New Hope Resolution No. 2020 - Resolution approving change order no. 1 in the amount of $6,433.82 with Video Services, Inc. for police station/city hall construction project (Improvement Project No. 994) WHEREAS, the city has received the request for change order no. 1 from Wold Architects for Video Services, Inc. relating to the contract for the police station/city hall construction project (Improvement Project No. 994) in the amount of $6,433.82; and WHEREAS, the change order includes additions and several credits for adjustments in the technology equipment installed primarily in the council chambers, work session room, and cable equipment room; and WHEREAS, the City Council reviewed the change order with Wold Architects at the January 21, 2020 work session and directed staff to place the change order on the January 27, 2020 Council agenda for formal action; and WHEREAS, the original contract with Video Services, Inc. was in the amount of $453,000 and the change order increases the contract amount to $459,933.82 and the overall project balance is $114,430; and WHEREAS, Wold Architects and staff recommend approval of the change order. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that change order no. 1 to Video Services, Inc. contract is approved in the amount of $6,433.82 and that all other respects of the contract shall remain in full force and effect according to its terms. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 27th day of January, 2020. ______________________________ Mayor Attest: ________________________ City Clerk MEMORANDUM To: Kirk McDonald, City of New Hope From: Ben Beery | BB Date: January 15, 2020 Comm. No: 172007 Subject: City of New Hope New Police/City Hall Facility Change Order No. 6 (Terra) and Change Order No. 1 (VSI) Summary Below is a summary of the costs associated with Change Order #6 (Terra) and Change Order #1 (Video Services) for the City Councils consideration on January 21, 2020. The change orders are attached to this memorandum. Change Order No. 6 Summary / Terra General 1. COR #68 Revised Sump Pump at Existing Basin ($2,627.00) / Credit Revised piping on sump on basement to save costs. 2. COR #69 Revised Casework in B115 $620.00 / Value Added Revised casework in copy room per direction from City Staff. 3. COR #77 Add Electric Strike to Door B145 $1,165.00 / Value Added Added electric strike to door to operate a card reader. 4. COR #79 Key Box $401.00 / Value Added Increased size of key box per direction from City Staff. 5. COR #80 FEC Change in A131A $263.00 / Value Added Relocated Fire Extinguisher per owner and fire marshal request. 6. COR #84 Option #3 A110A Monitors ($1,735.00) / Credit Deleted tv monitors from contractors scope. 7. COR #85 Generator Fuel Grade Change $869.00 / Value Added Upgraded grade of generator fuel per direction from City Staff. 8. COR #86 Changed Actuator on Door A110 $431.00 / Value Added Changed door actuator paddle from wall mount to mullion mount. MEMORANDUM Page 2 of 5 9. COR #87 Add Ceiling Access Panel in Chambers $0.00 / No Cost Added access panels in ceiling. This was in the original contract as extra materials. 10. COR #88 Remove Marker board in B125 $525.00 / Value Added Revised marker board layout per direction from City Staff. 11. COR #89 Omit VB from A133,A134,A135,A136,A139 ($170.00) / Credit Removed vinyl base from mechanical rooms. 12. COR #90 Add water lines to Refrigerators $593.00 / Value Added Add water lines to accommodate owner purchased refrigerators. 13. COR #91 Falcon Sensor System $0.00 / No Cost Substituted a floor loop for a Falcon Sensor for door control per manufactures recommendations. 14. COR #92 Lock Changes B143 and B122 $877.00 / Value Added Revised locks on doors per City Staff direction. 15. COR #93 Credit for Copy Room Door B106 ($835.00) / Credit Deleted sliding door per City Staff direction. 16. COR #94 Plates for Scramble Pads $962.00 / Value Added Added plates to sides and top of scramble pad key pads for additional privacy. 17. COR #95 Hardware Change to Door A130A $1,521.00 / Value Added Revised locks on doors per City Staff direction. 18. COR #96 Asphalt for Temp Sidewalks $2,363.00 / Value Added Contractor provided temporary asphalt sidewalks for building use. 19. COR #98 Add an additional light fixture head $1,428.00 / Value Added Added an additional exterior light at the Fire Station. 20. COR #99 Conduit for Irrigation Box From Boiler Room $326.00 / Value Added Added a pathway for irrigation controls per Stantec direction. 21. COR #100r2 Added FE Cabinet and Extinguishers $623.00 / Value Added Added two fire extinguishers per Fire Marshall Direction. MEMORANDUM Page 3 of 5 22. COR #101 Duct Heater in Room B144 $5,597.00 / Value Added Added a duct heater to control humidity in room B144 due to lack of heat from equipment. 23. COR #102 Holding Cell Floors ($1,347.00) / Credit Revised finish on holding cell floors. 24. COR #103 Wall Finish Work from PR 35 $821.00 / Value Added To accommodate furniture selection, some walls had to be opened up to accommodate power needs. 25. COR #105 Clerical Floor Box Change on B111 $244.00 / Value Added Revised floor box to accommodate furniture. 26. COR #106 Credit for Sidewalk Removal ($135.00) / Credit Removed sidewalk removal from contract as it was completed by another contractor. 27. COR #108 Elevator Emergency Power $7,330.00 / Value Added Revise emergency power per Elevator Inspector. Change Order No. 1 Summary / Video Services, Inc. 1. RFI 3 Replace TSCW-730 with TSW-760 and RMC3 $0.00 / No Cost Product replacement due to availability. No cost. 2. RFI Item #7 - Mounting council chambers displays overhead $393.55 / Value Added Revised mounting of monitors in Chambers. 3. RFI Item #10 - Add finger molding and mic cables. $483.86 / Value Added Changed mic cables and cable management at Dias per contractor recommendation. 4. RFI Item #15 - Move council video feed to work session switcher $0.00 / No Cost Moved video feed per contractor recommendation. 5. RFI Item #16, #22 - Touch panel table top adaptor. $258.06 / Value Added Added adapter to touch panels in two rooms. 6. RFI Item #18 - WP1 and WP2 rough ins for podium connection $500.00 / Value Added Added rough in for wall connections for podiums. 7. RFI Item #24 - Small conference rooms network switch $387.09 / Value Added Added network switch per installers recommendations. MEMORANDUM Page 4 of 5 8.RFI Item #29 - Corridor control upgrade $516.12 / Value Added Upgraded corridor volume control per installers recommendations. 9.RFI Item #31 - Dais mic control to computer/digital control.$451.61 / Value Added Upgraded volume control to be digital control in control room per installer’s recommendations. 10.RFI Item #35 - Upgrade work session to 2 channel loop system.$1,261.15 / Value Added Upgraded assisted listening system per installers recommendations. 11.RFI Item #36 - Remove Blu-ray from roll call room.($268.81) / Credit Deleted Blu-ray player per City Staff Direction. 12.RFI Item #37 - LG displays in place of Samsung $0.00 / No Cost Changed manufacturer due to availability. 13.RFI Item #38 - Mount discontinued for display in roll call $451.61 / Value Added Change of product due to discontinued mount. 14.RFI Item #39 – Revise Podium transmitter for CC, WS, PC, and RC ($2,150.50) / Credit Revised product due to availability. 15.RFI Item #43 – Upsize extron panel to 10" touch panel.$386.11 / Value Added Increased touch screen panel size to better accommodate user interface. 16.RFI Item #44 - Adding DSP to work session.$1,354.82 / Value Added Added DSP switcher to work session to mix audio. 17.RFI Item #47 - Change plates at displays for AV connections.$412.90 / Value Added Revised plates behind displays to accommodate all AV connections. 18.RFI Item #48 - Add second HDMI for computer at staff podium.$632.25 / Value Added Added an additional HDMI input for permanent computer. 19.RFI Item #49 – Add Wiring to staff rear table in council chambers.$335.00 / Value Added Added wiring location for recorder to rear staff table. 20.PR 1 – Audio Monitor Equipment Replacement $830.00 / Value Added Change of product due to discontinued product from manufacturer. 21.Mount CD Recorder $208.00 / Value Added Located CD Recorder at location directed by City Staff. $199.00 MEMORANDUM Page 5 of 5 Wold Architects and Engineers recommends approval of these Change Orders. Please let me know if you have any questions. cc: Joel Dunning, Wold CM/CI_NewHope/172007/crsp/jan20 City of New Hope Police & City Hall 1/15/2020 COST ANALYSIS Bid Update Award FUNDING SOURCE 12/4/2017 1/15/2020 New Police/City Hall (net proceeds) $18,900,000 $18,900,000 Utility - Energy Rebates $50,000 $49,851 Generator Funding $235,000 $235,000 Council Chambers Equipment $204,000 $204,000 TOTAL FUNDING $19,389,000 $19,388,851 CONSTRUCTION Bid Pack #1 Building Construction 14,792,500 $ 14,792,500 $ Site Development incl incl Change Order 1 164,170 $ Change Order 2 90,330 $ Change Order 3 (9,949) $ Change Order 4 69,853 $ Change Order 5 53,650 $ Change Order 6 20,110 $ Construction Contingency Remaining 500,000 $ -$ Subtotal 15,292,500 $ 15,180,664 $ Bid Pack #2 Parking Lot & Landscaping 630,000 $ 890,000 $ Landscaping 400,000 $ 385,000 $ Building Demolition 200,000 $ 225,000 $ Change Order (Veit) 25,904 $ Contingency 40,000 $ -$ Subtotal 1,270,000 $ 1,525,904 $ SUBTOTAL 16,562,500 $ 16,706,568 $ FEES, TESTING Architectural Fees 830,000 $ 830,000 $ Engineering Fees 117,370 $ 155,870 $ Geotechnical/Surveying/Wetland Delineation 20,000 $ -$ Reimbursables 50,000 $ 44,100 $ Metropolitan Council / City SAC ([#] SAC units) 80,000 $ 52,185 $ Abatement 25,000 $ 800 $ Abatement Testing 2,874 $ 5,216 $ Water Access Charge Fee incl incl Trunk Water Fee incl incl Health Dept. Plumbing Plan Review Fee 2,500 $ 2,127 $ Health Dept. Food Service Plan Review Fee -$ -$ Utility Transformer Fees/Inspection 40,000 $ 64,389 $ Bid Advertisement/Printing 10,000 $ 2,524 $ Legal Allowance -$ -$ Special Structural Inspections 50,000 $ 99,638 $ Moving Costs 25,000 $ 24,179 $ Civil Defense Siren Relocation 6,700 $ 6,700 $ Private Locates -$ 370 $ Contingency 50,000 $ -$ SUBTOTAL 1,309,444 $ 1,288,098 $ FURNITURE & EQUIPMENT / TECHNOLOGY Furniture Allowance 655,000 $ -$ Furniture & Equipment Allocated -$ 597,716 $ Equipment Allowance 100,000 $ -$ Low Voltage (Logis) 300,000 $ 172,906 $ Technology Allowance (Council Chambers) 225,000 $ 453,500 $ Technology Change Order -$ 6,434 $ Furnishing/Consultant Fees 39,300 $ 39,300 $ Technology Consulting Fees 9,900 $ 9,900 $ Contingency 50,000 $ -$ SUBTOTAL (FF&E) 1,379,200 $ 1,279,755 $ PROJECT BALANCE $137,856 $114,430 WIDocs/projects/predesign/cost_analysis_master Commission No. [COMM #] I:\RFA\COMM DEV\2020\City Council\01-27-20 7530 42nd Ave N\Q - PC 20-04 A Davis Distillery 7530 42nd Ave N.docx Request for Action January 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Jeff Alger, Community Development Specialist; Jeff Sargent, Director of Community Development Agenda Title Resolution approving Conditional Use Permit for microdistillery with cocktail room at 7530 42nd Avenue North (New Hope Planning Case 20-04) Requested Action Staff requests that the City Council approve a resolution approving Planning Case 20-04, a request for a Conditional Use Permit (CUP) to allow for a microdistillery with cocktail room at 7530 42nd Avenue North. Policy/Past Practice The City Council has approved CUP amendments in the past when in compliance with the requirements of the zoning code. Background A Davis Distillery LLC submitted an application for a Conditional Use Permit (CUP) to operate a 1,600 square foot microdistillery with cocktail room at 7530 42nd Avenue North. Microdistilleries produce beverage-grade spirit alcohol in relatively small quantities, which are often served as mixed drinks in cocktail rooms. The business would operate in the space previously occupied by Mountain Mudd & Niko's Bar, which has been vacant since October of 2017. The business would not serve food, although patrons would have the option of ordering food from local restaurants and consuming it within the cocktail room. Fo od trucks may also be utilized. The business owners intend for the cocktail room to be open to the public approximately 30 hours per week. The distilling portion of the business would operate on Mondays and Tuesdays and would not be open to the public. The cocktail room would be open Wednesday through Sunday afternoons and evenings, with Sundays primarily reserved for events. Section 10-9 of the City Code (Kinds of liquor licenses) currently prohibits cocktail rooms from operating on Sundays. A text amendment would be necessary in order to allow the business to be open to the public on Sundays and will be presented by staff, independent of A Davis Distillery LLC’s CUP request. The microdistillery and cocktail room would be the first such business in New Hope. The City Code was amended in 2015 to allow for the introduction of brewpubs, breweries with taprooms, and microdistilleries with cocktail rooms into the city. Recommendation The Planning Commission considered the request for a CUP at the January 7, 2020, meeting and recommended approval with an 8-0 vote, subject to the following conditions: 1. Applicant shall obtain all required licensing and permits from the city, state, and federal government in order to serve alcohol and operate microdistillery with cocktail room. 2. Use of drive-through window shall be prohibited. Drive-through lane shall be used exclusively for deliveries. Awning above drive-through window shall be removed. Agenda Section Development & Planning Item Number 8.1 Request for Action, Page 2 3. Missing/damaged awnings above subject tenant’s windows shall be repaired or replaced. 4. A “Do Not Enter” sign shall be installed to prevent motorists from exiting parking lot onto 42nd Avenue North. 5. Administrative permit shall be obtained for outdoor seating area. Compact and contiguous area where alcohol will be consumed shall be delineated with bollard connectors or fencing. 6. Lock box containing keys to all businesses within building shall be installed on west side of building in coordination with West Metro Fire-Rescue District. 7. Odors from production process or resulting waste product shall not permeate outdoors. Attachments  Resolution  Planning Commission minutes (January 7, 2020) Please refer to the report included with the January 7, 2020, Planning Commission packet for additional information. 1 RESOLUTION NO. 2020-___ RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR MICRODISTILLERY WITH COCKTAIL ROOM AT 7530 42ND AVENUE NORTH (New Hope Planning Case 20-04) BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, A Davis Distillery LLC, a Minnesota limited liability company (“Applicant”) is seeking to open and operate a microdistillery with cocktail room at the real property located at 7530 42nd Avenue North in the city of New Hope with property identification number of 17-118- 21-22-0038 and legally described as: Lot 1, Block 1, New Hope Quebec Addition, Hennepin County, Minnesota (“Property”); and WHEREAS, the Property is owned by Mohsen Aghamirzai, as Trustee of the University Auto Sales and Service, LLC, Defined Benefit Trust (“Owner”); and WHEREAS, Applicant has submitted an application seeking a conditional use permit to open and operate a microdistillery with cocktail room within the multi-tenant building located on the Property and intends to lease the south unit of the Property from Owner for such purposes; and WHEREAS, the Property is located in the CB – Community Business District; and WHEREAS, Applicant petitioned the City as part of New Hope Planning Case 20-04 for a conditional use permit to allow for a microdistillery with cocktail room on the Property; and WHEREAS, based on the City Staff Planning Case Report dated January 7, 2020, this Resolution incorporates the findings set forth therein; and WHEREAS, pursuant to New Hope City Code §4-33, the proposed action is consistent with the City’s Comprehensive Plan for this area of the City, conforms with the applicable performance standards contained in the Code, results in no depreciation in value, and meets the criteria specified in the CB District; and WHEREAS, said conditional use permit is in all respects consistent with the City’s Zoning Code and the regulations and laws of the State of Minnesota and meets the criteria required in New Hope City Code §4-33 as set forth above; and WHEREAS, the Planning Commission held a public hearing and considered the matter at its meeting on January 7, 2020; and 2 WHEREAS, the Planning Commission, after a complete review of the issues involved, recommended the City Council approve the request with conditions; and WHEREAS, the City Council has considered the request at its meeting of January 27, 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that the conditional use permit request to allow a microdistillery with cocktail room as identified in New Hope Planning Case 20-04, shall be approved subject to the following conditions: 1. Applicant shall obtain all required licensing and permits from the city, state, and federal government in order to serve alcohol and operate a microdistillery with cocktail room. 2. Use of drive-through window shall be prohibited. Drive-through lane shall be used exclusively for deliveries. Awning above drive-through window shall be removed. 3. Missing/damaged awnings above subject tenant’s windows shall be repaired or replaced. 4. A “Do Not Enter” sign shall be installed at the entrance of the Property to prevent motorists from exiting parking lot onto 42nd Avenue North. 5. Administrative permit shall be obtained for outdoor seating area. Compact and contiguous area where alcohol will be consumed shall be delineated with bollard connectors or fencing on the Property. 6. Lock box containing keys to all businesses within building shall be installed on west side of building in coordination with West Metro Fire-Rescue District. 7. Odors from production process or resulting waste product shall not permeate outdoors. Dated the 27th day of January, 2020. ____________________________________ Kathi Hemken, Mayor Attest: __________________________ Valerie Leone, City Clerk P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-22004 Davis Microdistillery Cocktail Room CUP\Resolution approving CUP.docx CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 PLANNING COMMISSION MINUTES January 7, 2020 City Hall, 7:00 p.m. CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due call and notice thereof; Chair Schmidt called the meeting to order at 7:00 p.m. ROLL CALL Present: Scott Clark, Jim Brinkman, Matt Mannix, Chris Hanson, Tom Schmidt, Roger Landy, Bill Smith, Matt Korkowski Absent: Michael Redden Also Present: Jeff Sargent, Director of Community Development; Jeff Alger, Community Development Specialist; Brandon Bell, Community Development Assistant; Stacy Woods, Assistant City Attorney; Al Brixius, Planning Consultant; Jessi Weber, Recording Secretary NEW BUSINESS None PUBLIC HEARING Planning Case 20-04 Item 4.1 Chair Schmidt introduced Item 4.1, Planning Case 20-04, a Conditional Use Permit (CUP) to allow microdistillery with cocktail room, 7530 42nd Avenue North, A Davis Distillery LLC, petitioner. Mr. Jeff Alger, Community Development Specialist, gave background information on the case. A Davis Distillery would produce beverage- grade spirits in small quantities and serve as mixed drinks in the cocktail room. The cocktail room would be open to the public approximately 30 hours per week. The distilling portion of the business would operate Mondays and Tuesdays and would not be open to the public. The cocktail room would be open Wednesday through Sunday afternoon and evenings, with Sundays primarily reserved for events. The business would not serve food, although patrons could order food from local restaurants. Food trucks may be utilized in the future. Alger then reviewed the licenses and permits required for a microdistillery and cocktail room. There are state and federal licenses/permits that are required. Before those can be applied for, all approvals at the city level must be in place. There are three city-issued liquor licenses required for the distillery and cocktail room. One for an on-sale cocktail room, one for off-sale, and one for Sunday on-sale. Current City Code prohibits on-sale Sunday sales at microdistillery cocktail rooms and malt liquor at breweries. Staff will propose a text amendment to allow these uses later in the meeting. Next, Alger discussed parking and traffic for the site. City Code requires 30 parking stalls for the size of the proposed microdistillery. There are currently 156 stalls shared with the building to the east. Staff does not anticipate any parking issues. The striping of the parking lot delineating parking stalls has faded. An administrative notice was sent to the 2 Planning Commission Meeting January 7, 2020 property owner to restripe the parking lot by July 1, 2020. The drive-thru shall not be utilized and the awning over the drive-thru window shall be removed. The curb cut on 42nd Ave. N. is intended for ingress only. One of the requirements of this CUP is to reinstall a “Do Not Enter” sign at the curb cut to instruct drivers not to use the driveway as an exit onto 42nd Avenue. Drivers are to exit the parking lot at the NW corner on Quebec Ave N. Deliveries are infrequent and small in scale. The deliveries are to go to the west side of the building, located in the drive-thru lane. The owners anticipate using the outdoor patio. An administrative permit would be required to serve drinks on the patio. In addition, the edge of the patio would need to be delineated with bollards or a fence. The petitioner has indicated a fence would be used. The building façade has awnings in disrepair. The awnings are to either be repaired, replaced, or removed, and notice has been given to the property owner to do so. The missing covers for the building light fixtures are to also be replaced. The business would utilize the shared trash container on the north end of the building. An administrate notice was sent to the building owner to remove exterior storage by the trash enclosure. West Metro Fire has indicated the lock box containing keys to each business in the building shall be replaced on the west side of the building. Alger concluded that proper legal notice and mailing notice were given. Staff received no feedback regarding this planning case. Staff recommends the Planning Commission approve the CUP to allow microdistillery and cocktail room. When Chair Schmidt questioned whether any of the Commissioners had any questions for staff, Commissioner Landy questioned if staff had heard from the property owner. Alger replied they have received no reply in regards to the administrative notices that had been sent. Commissioner Clark asked for clarification on which property issues were included with the CUP and which were separate from the CUP. Director Sargent explained the “Do Not Enter” sign and the lock box are included with the CUP. All other property issues are separate and addressed directly to the property owner. Chair Schmidt invited the applicant to the podium. Alan Davis and Amy Hotchkiss (formerly Davis) approached the podium. Chair Schmidt asked why they decided to open the microdistillery in New Hope. Mr. Davis said they all live locally and they liked the building location off 42nd Ave. N. The space previously being set up as a coffee shop provided a good layout for them with minimal alterations. Commissioner Brinkman asked which type of spirits would be offered. Mr. Davis responded primarily gins, vodkas, and possibly rums. Down the road, they are considering adding whiskeys. Commissioner Brinkman asked if beer would be served. Mr. Davis replied that beer would not be served, and legally they cannot serve it with their type of licensing. 3 Planning Commission Meeting January 7, 2020 Commissioner Smith asked what the seating capacity was. Mr. Davis replied that around 49-50 would be about maximum capacity with their seating plan. That includes tables, bar, and outdoor seating. Chair Schmidt inquired if weekly events would be offered. Would certain days of the week would have different specials/events? Mr. Davis replied that they have had many discussions about events and plan to do so to draw in customers. Commissioner Brinkman asked what their hours of operation would be. Mr. Davis replied Wednesday through Saturday from 4:00 pm – 11:00 pm or midnight. Ms. Hotchkiss added that Sundays would be primarily aimed for private events to use the space. Mr. Davis explained the production cannot be done while open to the public, so production days and general public days need to be delineated, following the licensing and insurance requirements. Motion by Commissioner Landy, seconded by Commissioner Brinkman, to open the Public Hearing. All present voted in favor. Motion carried. No one from the audience wished to speak. Motion by Commissioner Clark, seconded by Commissioner Landy, to close the Public Hearing. All present voted in favor. Motion carried. No further discussion. Motion Item 4.1 Motion by Commissioner Clark, seconded by Commissioner Landy, to approve Planning Case 20-04, a Conditional Use Permit (CUP) to allow microdistillery with cocktail room, 7530 42nd Avenue North, A Davis Distillery LLC, petitioner, with the following conditions: 1. Applicant shall obtain all required licensing and permits from the city, state, and federal government in order to serve alcohol and operate microdistillery with cocktail room. 2. Use of drive-through window shall be prohibited. Drive - through lane shall be used exclusively for deliveries. Awning above drive-through window shall be removed. 3. Missing/damaged awnings above subject tenant’s windows shall be repaired or replaced. 4. A “Do Not Enter” sign shall be installed to prevent motorists from exiting parking lot onto 42nd Avenue North. 5. Administrative permit shall be obtained for outdoor seating area. Compact and contiguous area where alcohol will be consumed shall be delineated with bollard connectors or fencing. 6. Lock box containing keys to all businesses within building shall be installed on west side of building in coordination with West Metro Fire-Rescue District. 4 Planning Commission Meeting January 7, 2020 7. Odors from production process or resulting waste product shall not permeate outdoors. Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Korkowski, Voting against: None Absent: Redden Motion approved 8-0 Chair Schmidt stated the case will be brought to the January 27, 2020 City Council meeting. PUBLIC HEARING Planning Case 20-03 Item 4.2 Chair Schmidt introduced Item 4.2, Planning Case 20-03, request for amendment to Chapter 10 of the New Hope City Code allowing for on- sale Sunday sales of malt liquor at brewery taprooms, on-sale Sunday sales of distilled liquor at microdistillery cocktail rooms, and off-sale intoxicating liquor sales at microdistillery cocktail rooms, city of New Hope, petitioner. Mr. Brandon Bell, Community Development Assistant, gave background information on the case. The recent CUP application from A Davis Distillery LLC to open a microdistillery and cocktail room in New Hope led staff to look into city codes. During the planning process, staff noticed that the current city code does not allow for microdistilleries or taprooms to sell on-sale beer and liquor on Sunday. It is the belief of staff that this section of code was overlooked when changes were recently made to reflect that the state eliminated the prohibition of Sunday beer and alcohol sales back in 2017. Staff believes that since both on and off-sale liquor and beer sales are now allowed in the other venues in the city on Sundays, it would be in the best interest of the city to have consistent and conforming code that does not prohibit microdistillery and taproom sale on Sunday either. Staff recommends approval of the proposed text amendments. There were no questions for staff. Motion by Commissioner Landy, seconded by Commissioner Mannix, to open the Public Hearing. All present voted in favor. Motion carried. No one from the audience wished to speak. Motion by Commissioner Landy, seconded by Commissioner Clark, to close the Public Hearing. All present voted in favor. Motion carried. No further discussion. Motion Item 4.2 Motion by Commissioner Landy, seconded by Commissioner Mannix, to approve Planning Case 20-03, request for amendment to Chapter 10 of the New Hope City Code allowing for on-sale Sunday sales of malt liquor I:\RFA\COMM DEV\2020\City Council\01-27-20 7530 Liquor Code\Q - PC 20-03 Liquor Code Sunday Sales.docx Request for Action January 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Jeff Alger, Community Development Specialist; Jeff Sargent, Director of Community Development Agenda Title Ordinance No. 20-04, an ordinance amending Chapter 10 of the New Hope City Code allowing for on-sale Sunday sales of malt liquor at brewery taprooms, on-sale Sunday sales of distilled liquor at microdistillery cocktail rooms, and off-sale intoxicating liquor sales at microdistilleries (New Hope Planning Case 20-03) Requested Action Staff requests that the City Council approve Planning Case 20-04, an ordinance amending Chapter 10 of the New Hope City Code allowing for on-sale Sunday sales of malt liquor at brewery taprooms, on-sale Sunday sales of distilled liquor at microdistillery cocktail rooms, and off-sale intoxicating liquor sales at microdistilleries. Policy/Past Practice It is a past practice of the city to amend ordinances to accommodate the changing needs of the community. Background Section 10-9 of the City Code prohibits on-sale and off-sale Sunday sales of distilled liquor at microdistillery cocktail rooms and on-sale Sunday sales of malt liquor at brewery taprooms. This section of the City Code was not amended in 2017 when the state legalized off-sale Sunday liquor sales. Staff is proposing a text amendment that would allow both to take place within the city. On-sale and off-sale liquor and beer sales are allowed in other venues on Sundays throughout the city and the proposed amendment would make the ordinance consistent for all businesses in the city. Recommendation The Planning Commission considered the ordinance amending Chapter 10 of the City Code allowing for on- sale Sunday sales of malt liquor at brewery taprooms, on-sale Sunday sales of distilled liquor at microdistillery cocktail rooms, and off-sale intoxicating liquor sales at microdistillery cocktail rooms and recommended approval with an 8-0 vote. Attachments  Ordinance 20-04  Summary ordinance  Planning Commission minutes (January 7, 2020) Please refer to the report included with the January 7, 2020, Planning Commission packet for additional information. Agenda Section Ordinances & Resolutions Item Number 10.1 ORDINANCE NO. 20-04 AN ORDINANCE AMENDING CHAPTER 10 OF THE NEW HOPE CITY CODE ALLOWING FOR ON-SALE SUNDAY SALES OF MALT LIQUOR AT BREWERY TAPROOMS, ON-SALE SUNDAY SALES OF DISTILLED LIQUOR AT MICRODISTILLERY COCKTAIL ROOMS, AND OFF-SALE INTOXICATING LIQUOR SALES AT MICRODISTILLERIES THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 10-3, is hereby amended to repeal the stricken text and add the underlined text as follows: In addition to the definitions contained in Minn. Stat. § 340A.101 as it may be amended from time to time, the following terms are defined for purposes of this Code: Brewery taproom – on-sale license as used in section 10-9(10) of this Code means the sale of malt liquor produced by a brewer for consumption on the premises of or adjacent to the brewery location owned by the brewer subject to compliance with the conditions in Minn. Stat. § 340A.26 and the following conditions: (1) The brewer has been issued a brewer's license per Minn. Stat. § 340A.301, subd. 6(c), (i) or (j). (2) The brewer has not been issued any other on or off-sale brewery taproom licenses under this Code and does not have an ownership interest in any brewpub licensed under this Code or Minn. Stat. § 340A.24. (3) On-site taproom retail sales may not exceed 3,500 barrels annually, 500750 barrels of which may be sold off-sale as growlers provided the brewer has also been issued a brewery taproom off-sale license by the city. (4) The brewer must demonstrate the location of the brewery and ancillary taproom is in compliance with all requirements of the city's zoning code. (5) On-sale Sunday sales of malt liquor at a brewery taproom shall not be permitted. (65) All provisions of chapter 10 of this Code shall be applicable to an on-sale brewery taproom license unless inconsistent with the provisions of this section. Microdistillery cocktail room – on-sale license as used in section 10-9(11) of this Code means the on-sale sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one a distillery location owned by thea distiller subject to compliance with the conditions in Minn. Stat. § 340A.22 and the following conditions: (1) The distiller has been issued a microdistillery license under Minn. Stat. § 340A.22. (2) The distiller has not been issued any other microdistillery cocktail room license or an on-sale brewery taproom license under Minn. Stat. §§ 340A.22 and 26 and does not have an ownership interest in any distillery licensed under Minn. Stat. § 340A.301, subd. 6(a). A microdistillery cocktail room license may not be co-located with a brewery taproom. (3) The distiller must demonstrate the location of the microdistillery and ancillary cocktail room is in compliance with all requirements of the city's zoning code. 2 (4) On-sale Sunday sales of distilled liquor at a microdistillery cocktail room shall not be permitted. (54) All provisions of chapter 10 of this Code shall be applicable to an on-sale microdistillery cocktail room license unless inconsistent with the provisions of this section. Microdistillery – off-sale license as used in section 10-9(12) of this Code means the off-sale sale of distilled liquor produced and packaged by the distiller on the premises of or adjacent to the microdistillery location owned by the distiller subject to compliance with the conditions in Minn. Stat. § 340A.22 and the following conditions: (1) The distiller has been issued a microdistillery license under Minn. Stat. § 340A.22. (2) The amount of distilled liquor sold at off-sale may not exceed one 375 milliliter bottle per customer per day of product manufactured on site. (3) No brand may be sold at the microdistillery unless it is also available for distribution by wholesalers. Section 2. Section 10-7(2) is hereby amended to add the underlined text as follows: (2) Number of off-sale licenses. The maximum number of off-sale intoxicating liquor licenses which shall be issued by the city is four. This limit shall not apply to brewery taproom licenses, or brewpub off-sale licenses, microdistillery cocktail room licenses, or microdistillery off-sale licenses. Brewery taproom off-sale licenses and microdistillery off- sale licenses shall be limited to the number of qualifying breweries and microdistilleries, respectively, as defined in section 10-3 of this Code. Section 3. Section 10-9, is hereby amended to repeal the stricken text and add the underlined text as follows: The council may issue the following licenses and permits, up to the number specified in section 10-7 of this Code: (1) 3.2 percent malt liquor on-sale licenses, which may be issued only to golf courses, restaurants, hotels, clubs and bowling centers. (2) 3.2 percent malt liquor off-sale license. (3) Temporary 3.2 percent malt liquor on-sale licenses or temporary on-sale intoxicating liquor licenses in connection with a social event within the city sponsored by the licensee which may be issued only to 1) a club or a charitable, religious, or other nonprofit organization in existence for at least three years, 2) a political committee registered under Minn. Stat. § 10A.14, 3) a state university, or 4) a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year and/or a microdistillery. The following conditions apply to all temporary on-sale liquor licenses: a. The license may authorize the on-sale of intoxicating liquor for not more than four consecutive days, and may authorize on-sales on premises other than premises the licensee owns or permanently occupies. b. The license may provide the licensee to contract for intoxicating liquor catering services with the holder of a full-year on-sale intoxicating liquor license issued by any municipality and a caterer's permit issued by the state. 3 c. The license is subject to all laws and ordinances governing the sale of intoxicating liquor as described in Minn. Stat. § 340A.404. d. The council may issue to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year or a microdistillery a temporary license for the on-sale of intoxicating liquor in connection with a social event within the city sponsored by the brewer or microdistillery. (4) Off-sale intoxicating liquor licenses, which may be issued only to exclusive liquor stores. The fee for an off-sale intoxicating liquor license shall not exceed the amount permitted by Minn. Stat. § 340A.408, subd. 3, as it may be amended from time to time, and as set forth in the city's fee schedule. (5) On-sale intoxicating liquor licenses, which may be issued only to the following establishments as defined by Minn. Stat. § 340A.101, as it may be amended from time to time, and section 10-03 of this Code: a. Hotels; b. Restaurants; c. Bowling centers; d. Theaters; e. Clubs or congressionally chartered veterans organizations. Club licenses ma y be issued only with the approval of the commissioner of public safety. The fee for club licenses shall not exceed the amounts provided for in Minn. Stat. § 340A.408, subd. 2(b) as it may be amended from time to time. (6) Sunday on-sale intoxicating liquor or wine licenses, as provided by Minn. Stat. § 340A.504, subd. 3, as it may be amended from time to time, may be issued only to a restaurant, bowling center, or hotel, brewpub, brewery taproom, or microdistillery cocktail room meeting the definitional requirements of section 10-3 of this Code. as defined in section 10-3 of this Code which has a seating capacity of at least 30 persons, which holds an on-sale intoxicating liquor or wine license, and which serves liquor only in conjunction with the service of food. The maximum fee for this license shall not exceed the maximum amount provided by Minn. Stat. § 340A.504, subd. 3(c) as it may be amended from time to time and as set forth in the city's fee schedule. The license fees are set forth in the city’s fee schedule. (7) On-sale wine licenses, with the approval of the commissioner of public safety, may be issued to restaurants that have facilities for seating at least 25 guests at one time and meet the criteria of Minn. Stat. § 340A.404, subd. 5, as it may be amended from time to time, and which meet the definition of "restaurant wine" in section 10-3 of this Code. The fee for an on-sale wine license is set forth in the city's fee schedule and shall not exceed one-half of the license fee charged for an on-sale intoxicating liquor license or $2,000.00, whichever is less per Minn. Stat. § 340A.408, subd. 2(c). The holder of an on-sale wine license who also holds an on-sale 3.2 percent malt liquor license is authorized to sell malt liquor with a content over 3.2 percent (strong beer) without an additional license. (8) Brewery taproom off-sale license for malt liquor may be issued only to those brewers and breweries meeting the definitional requirements of section 10-3 of this Code. 4 (9) Brewery taproom on-sale license for malt liquor may be issued only to those brewers and breweries meeting the definitional requirements of section 10-3 of this Code. (10) Brewpub on-sale intoxicating liquor or on-sale 3.2 percent malt liquor license, with the approval of the commissioner of public safety, may be issued to brewers who operate a restaurant subject to the same conditions as defined in section 10-3 of this Code in their place of manufacture and who meet the criteria established at Minn. Stat. § 340A.24, as it may be amended from time to time. Sales of malt liquor under this license at on-sale may not exceed 3,500 barrels per year. If a brewpub licensed under this section possesses an license for off-sale license under section 10-9(h) of this Code, the brewpub's total combined retail sales of malt liquor at on-sale or off-sale may not exceed 3,500 barrels per year, provided that off-sales may not total more than 500750 barrels. (11) Microdistillery cocktail room on-sale license for intoxicating liquor may be issued only to those distillers and microdistilleries meeting the definitional requirements of section 10-3 of this Code. (12) Microdistillery off-sale license for intoxicating liquor may be issued only to those distillers and microdistilleries meeting the definitional requirements of section 10-3 of this Code. Section 4. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 27th day of January, 2020. Kathi Hemken, Mayor ATTEST: _________________________________ Valerie Leone, City Clerk (Published in the Crystal, Robbinsdale, New Hope, Golden Valley Sun-Post on February 6, 2020) P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-82004 - Chapter 10 Liquor Code\Ordinance No. 20-04 - v2.docx 1 SUMMARY OF ORDINANCE NO. 20-04 AN ORDINANCE AMENDING CHAPTER 10 OF THE NEW HOPE CITY CODE ALLOWING FOR ON-SALE SUNDAY SALES OF MALT LIQUOR AT BREWERY TAPROOMS, ON-SALE SUNDAY SALES OF DISTILLED LIQUOR AT MICRODISTILLERY COCKTAIL ROOMS, AND OFF-SALE INTOXICATING LIQUOR SALES AT MICRODISTILLERIES Ordinance No. 20-04 amends Chapter 10 of the New Hope City Code to allow for on-sale Sunday sales of malt liquor at brewery taprooms, on-sale Sunday sales of distilled liquor at microdistillery cocktail rooms, and off-sale intoxicating liquor sales at microdistilleries. The full version of Ordinance No. 20-04 is posted at www.newhopemn.gov and is available for inspection at the City Clerk’s office, 4401 Xylon Avenue North, New Hope, Minnesota. Duly published notice for a public hearing, and a public hearing was held for Ordinance No. 20-04 at the New Hope Planning Commission Meeting on January 7, 2020. The above Ordinance was adopted by the New Hope City Council on J anuary 27, 2020, and shall become effective upon publication. Valerie Leone City Clerk (Published in the Crystal, Robbinsdale, New Hope, Golden Valley Sun-Post on February 6, 2020) 4 Planning Commission Meeting January 7, 2020 Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Korkowski, Voting against: None Absent: Redden Motion approved 8-0 Chair Schmidt stated the case will be brought to the January 27, 2020 City Council meeting. PUBLIC HEARING Planning Case 20-03 Item 4.2 Chair Schmidt introduced Item 4.2, Planning Case 20-03, request for amendment to Chapter 10 of the New Hope City Code allowing for on- sale Sunday sales of malt liquor at brewery taprooms, on-sale Sunday sales of distilled liquor at microdistillery cocktail rooms, and off-sale intoxicating liquor sales at microdistillery cocktail rooms, city of New Hope, petitioner. Mr. Brandon Bell, Community Development Assistant, gave background information on the case. The recent CUP application from A Davis Distillery LLC to open a microdistillery and cocktail room in New Hope led staff to look into city codes. During the planning process, staff noticed that the current city code does not allow for microdistilleries or taprooms to sell on-sale beer and liquor on Sunday. It is the belief of staff that this section of code was overlooked when changes were recently made to reflect that the state eliminated the prohibition of Sunday beer and alcohol sales back in 2017. Staff believes that since both on and off-sale liquor and beer sales are now allowed in the other venues in the city on Sundays, it would be in the best interest of the city to have consistent and conforming code that does not prohibit microdistillery and taproom sale on Sunday either. Staff recommends approval of the proposed text amendments. There were no questions for staff. Motion by Commissioner Landy, seconded by Commissioner Mannix, to open the Public Hearing. All present voted in favor. Motion carried. No one from the audience wished to speak. Motion by Commissioner Landy, seconded by Commissioner Clark, to close the Public Hearing. All present voted in favor. Motion carried. No further discussion. Motion Item 4.2 Motion by Commissioner Landy, seconded by Commissioner Mannix, to approve Planning Case 20-03, request for amendment to Chapter 10 of the New Hope City Code allowing for on-sale Sunday sales of malt liquor at brewery taprooms, on-sale Sunday sales of distilled liquor at microdistillery cocktail rooms, and off-sale intoxicating liquor sales at microdistillery cocktail rooms, city of New Hope, petitioner. 5 Planning Commission Meeting January 7, 2020 Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Korkowski, Voting against: None Absent: Redden Motion approved 8-0 Chair Schmidt stated the case will be brought to the January 27, 2020 City Council meeting. PUBLIC HEARING Planning Case 20-02 Item 4.3 Chair Schmidt introduced Item 4.3, Planning Case 20-02, request for amendment to Section 6-14(e)(3) of the New Hope City Code related to right-of-way management and the exceptions to registration requirements, city of New Hope, petitioner. Mr. Brandon Bell, Community Development Assistant, gave background information on the case. The Codes and Standards Committee discussed the possibility of adding and removing some allowable use exceptions in the Right-Of-Way Management section of the code at its October 1, 2019 meeting. There were two exceptions that were proposed to be removed: erecting fences and parking lots. The Codes and Standards Committee felt that both of these should be removed since they are already not allowed in the right-of-way due to setback requirements in other sections of the city’s ordinances. The Codes and Standards Committee also discussed adding “irrigation systems” as one of the exceptions in the right-of-way management. Staff looked into other city’s codes in the surrounding area, and many of them provide for this exception. It would be in line with current code since property owners are ultimately responsible for maintaining the landscaping in the public right-of-way directly abutting their property, and irrigation systems can be an exceptional way to having healthy vegetation. The Codes and Standards Committee was in favor of the text amendment relating to the addition and subtractions of certain right-of-way management exceptions. Staff recommends approval of the proposed text amendments. There were no questions for staff. Motion by Commissioner Mannix, seconded by Commissioner Landy, to open the Public Hearing. All present voted in favor. Motion carried. No one from the audience wished to speak. Motion by Commissioner Mannix, seconded by Commissioner Landy, to close the Public Hearing. All present voted in favor. Motion carried. No further discussion I:\RFA\COMM DEV\2020\City Council\1-27-20 Business Warehousing District\Q - PC 20-01 & 20-03 Business-Warehouse District.docx Request for Action January 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Jeff Sargent, Director of Community Development; Brandon Bell, Community Development Assistant Agenda Title Ordinance Nos. 20-01 and 20-03, ordinances amending Chapters 3 and 4 of the New Hope City Code adopting a Business/Warehouse Zoning District, repealing self storage as a conditional use in the Industrial District, requiring an administrative permit for limited open outdoor storage in the Industrial District, and amending the zoning map of New Hope by rezoning cwertain properties from Industrial to Business/Warehouse Requested Action Staff requests that the City Council approve Planning Case 20-01, ordinances amending Chapters 3 and 4 of the New Hope City Code adopting a Business/Warehouse Zoning District, repealing self storage as a conditional use in the Industrial District, requiring an administrative permit for limited open outdoor storage in the Industrial District, and amending the zoning map of New Hope by rezoning certain properties from Industrial to Business/Warehouse. Policy/Past Practice It is a past practice of the city to amend ordinances to accommodate the changing needs of the community. Background At the September 16, 2019 work session, staff was asked to review the city’s current industrial zoning code to ensure that it was accommodating to the changing needs of the community. Staff researched the matter and it was discussed at the October 1, 2019 Codes and Standards meeting. The decision was that it would be in the city’s best interest to establish a new Business/Warehouse zoning (B-W) district. The purpose of the district would be to provide for the establishment of wholesale and retail trade of large volume or bulk commercial items, self-storage, and warehousing. This includes uses that are industrial in nature, but may bring customer traffic and patronage to the site. In order to implement a new zoning district, two text amendments must be approved. The first would amendment would establish zoning requirements for the district. With the adoption of the B-W zoning district, self-storage facilities would only be allowed in that district and would require a conditional use permit. In order to open a self-storage facility in the Industrial district, a petition to rezone the property to B- W would need to be approved. According to the city planner, an amendment to the city’s Comprehensive Plan is not necessary as the B-W zoning district would fall under the industrial use category and the change would not affect the land use classification of such parcels on any maps. The second amendment would approve the changes to the city’s current zoning map, rezoning all properties with self-storage uses to the B-W zoning district. This includes the following parcels: Address PID Business 7301 36th Ave N 2011821210009 All American Self Storage 9211 52nd Ave N 0711821220015 Olson Storage Agenda Section Ordinances & Resolutions Item Number 10.2 Request for Action, Page 2 9300 52nd Ave N 0711821220001 New Hope Storage 2711 Nevada Ave N 2011821340026 Extra Space Storage (2701), Adhesive Label Company (2705) 4630 Quebec Ave N 0811821330081 Park Place Storage 3216 Winnetka Ave N 2011821230018 CubeSmart Self Storage 3209 Winpark Dr 2011821230012 S & S Mini Storage (3225) 5040 Winnetka Ave N 0811821230002 Central Self Storage Recommendation The Planning Commission considered the ordinance amending Chapters 3 and 4 of the City Code related to the establishing a Business/Warehouse district and rezoning call properties with self -storage uses and recommended approval with an 8-0 vote. Attachments  Ordinance 20-01  Ordinance 20-03  Summary ordinances  Planning Commission minutes (January 7, 2020) Please refer to the report included with the January 7, 2020, Planning Commission packet for additional information. ORDINANCE NO. 20-01 AN ORDINANCE AMENDING CHAPTER 3 AND 4 (ZONING) OF THE NEW HOPE CITY CODE ADOPTING A BUSINESS/WAREHOUSE ZONING DISTRICT, REPEALING SELF STORAGE AS A CONDITIONAL USE IN THE INDUSTRIAL DISTRICT, AND REQUIRING AN ADMINISTRATIVE PERMIT FOR LIMITED OPEN OUTDOOR STORAGE IN THE INDUSTRIAL DISTRICT THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-19, is hereby amended to add the underlined text as follows: (a) Purpose. The purpose of the B-W, business/warehouse district is to provide for the establishment of wholesale and retail trade of large volume or bulk commercial items, self- storage and warehousing. These uses are industrial in nature but may bring customer traffic and patronage to the site. (b) Permitted uses, B-W. The following are permitted uses in the B-W district: (1) Building materials/appliance and furniture retail sales (2) Engraving, printing and publishing. (3) Essential services. (4) Municipal government and utility buildings. (5) Research, medical, dental and optical laboratories. (6) Office business (commercial, professional and medical). (7) Radio and television stations. (8) Recreational businesses, indoor. (9) Service business – Off-site. Shops and offices for contractors including plumbing, heating, glazing, painting, paper hanging, roofing, ventilating, electrical, carpentry, welding, landscaping, excavating, and general contracting, including contractor storage of equipment and building materials if enclosed within a building, but not storage yards. (10) Warehouses. (11) Wholesale business. (12) Manufacturing etc. The manufacturing, compounding, assembly, packaging, processing, treatment or storage of products and materials. (13) Veterinary clinics. Provided the clinic boards without treatment ten or fewer animals in a 24-hour period. (c) Permitted accessory uses, B-W. The following are permitted accessory uses in the B-W district: (1) Accessory building. Accessory building for commercial uses shall not exceed 30 percent of the gross floor space of the principal building. 2 (2) Parking. Off-street parking as regulated by subsection 4-3(e). (3) Off-street loading. Off-street loading as regulated by subsection 4-3(f). (4) Signs. Signs in compliance with chapter 3. (5) Personal wireless service antennas. Personal wireless service antennas in conformance with subsection 4-3(l) of this Code. (6) Accessory antennas. Accessory antennas in conformance with subsection 4-3(b)(6)h of this Code. (7) Fences, as regulated by Subsection 4-3(d)(3) of this Code. (d) Uses by administrative permit, B-W. The following are uses by administrative permit in the B-W district. (Requires an administrative permit based on the procedures set forth in and regulated by section 4-31 and the performance standards set forth in section 4-3 of this Code.) (1) Personal wireless service antennas per subsection 4-3(l)(2) of this Code. (2) Outdoor sales of seasonal produce subject to the permit requirements of chapter 8 of this Code. (3) Retail sales, limited. Retails sales of products manufactured or processed or delivered in bulk and repackaged for sale on the site, provided that the sales area not exceed 30 percent of the gross floor area of the principal building. (4) Outdoor sales and display, accessory. Open or outdoor service, sale and rental as an accessory use provided that: a. Area limit. Accessory outside service, sales and equipment rental connected with a principal use is limited to 30 percent of the gross floor area of the principal use. b. Screened from residential. Outside sales areas are fenced or screened from view of neighboring residential uses. c. Surfacing. Sales area is surfaced with concrete or bituminous. (5) Open outdoor storage. Open outdoor storage as a permitted accessory use provided that: a. Accessory use. Open outdoor storage areas must be an accessory use, as defined by subsection 4-2(b) of this Code, to a permitted or conditional principal use on the site. b. Maximum space. Open outdoor storage areas connected with the principal use are limited to 20 percent of the gross floor area of principal structure. c. Setbacks. The open outdoor storage area are not located within any front yard or side yard abutting a public right-of-way. Open outdoor storage areas are set back five feet from all side and rear lot lines and not located within a utility or drainage easement. d. Surfacing. Open outdoor storage areas are surfaced with concrete or bituminous. e. Fencing. A wire weave/chain link security fence is erected around the open outdoor storage area in conformance with subsection 4-3(d)(3)c of this Code. Open outdoor storage areas intended for the exclusive storage of semitrailers may be exempt from the 3 required security fencing provided the storage area is delineated and the individual trailers are secured. f. Screening/landscaping. Open outdoor storage areas are landscaped, fenced, and screened from view of adjacent residential properties and public rights-of-way in accordance with the provisions of subsection 4-3(d)(3) of this Code. g. Required space. Open outdoor storage areas do not utilize any required off-street parking, loading areas, or access space, as required by subsections 4-3(e) and 4-3(f) of this Code. h. Hazardous materials. The open outdoor storage areas are not used for storage of hazardous liquids, solids, gases or wastes. This provision does not prohibit the property owner from obtaining an administrative permit for the outdoor storage of propane or LP gas per subsection 4-20(d)(5) of this Code. i. Refuse and upkeep. Open outdoor storage areas are kept free of refuse, trash, debris, weeds, and waste fill. j. Lighting. All lighting is hooded and so directed that the light source is not visible from the public right-of-way or from neighboring residences. (6) Rental of trailers and trucks. Rental of trailers and trucks shall be a permitted accessory use to an approved self-storage (mini-warehouse) facility granted a conditional use permit pursuant to section 4-19(e)(7) of this Code provided that: a. Accessory use. Rental of trailers and trucks must be an accessory use, as defined by subsection 4-2(b) of this Code, to the conditional principal use of self-storage (mini- warehouse) facility on the site. b. [Additional regulations.] Rental of trailers and trucks are further regulated by section 8-16 of this Code. c. Display area boundaries. The designated display area for trailers and trucks shall be marked by clearly visible boundaries. d. Vehicle location. Rental trailers and trucks shall not be permitted to occupy any area except the designated display area. e. Off-street parking interference. The display area shall not occupy any part of the required off-street parking area. f. Display area surface. The display area shall be surfaced with concrete or bituminous surfacing. g. Display area condition. The display area shall be kept free from dirt, weeds, garbage, trash, and other debris. h. Vehicle placement. The trailers and trucks shall be arranged in an orderly fashion, in rows and the parking area shall be stripped to identify individual parking stalls. 4 (e) Conditional uses, B-W. The following are conditional uses in the B-W district: (Requires a conditional use permit based upon procedures set forth in and regulated by sections 4-30(c) and 4-33 and performance standards set forth in section 4-3 of this Code): (1) Open outdoor storage as a principal or accessory use. Open outdoor storage as a conditional accessory use, where the open outdoor storage area exceeds 20 percent of the gross floor area of the principal structure provided that: a. Setbacks. The open outdoor storage area are not located within any front yard or side yard abutting a public right-of-way. Open outdoor storage areas are set back five feet from all side and rear lot lines and not located within a utility or drainage easement. b. Surfacing. Open outdoor storage areas are surfaced with concrete or bituminous. c. Fencing. A wire weave/chain link security fence is erected around the open outdoor storage area in conformance with subsection 4-3(d)(3)c of this Code. Open outdoor storage areas intended for the exclusive storage of semitrailers may be exempt from the required security fencing provided the storage area is delineated and the individual trailers are secured. d. Screening/landscaping. Open outdoor storage areas are landscaped, fenced, and screened from view of adjacent residential properties and public rights-of-way in accordance with the provisions of subsection 4-3(d)(3) of this Code. e. Required space. Open outdoor storage areas do not utilize any required off-street parking, loading areas, or access space, as required by subsections 4-3(e) and 4-3(f) of this Code. f. Hazardous materials. The open outdoor storage areas are not used for storage of hazardous liquids, solids, gases or wastes. This provision does not prohibit the property owner from obtaining an administrative permit for the outdoor storage of propane or LP gas per subsection 4-20(d)(5) of this Code. g. Refuse and upkeep. Open outdoor storage areas are kept free of refuse, trash, debris, weeds, and waste fill. h. Lighting. All lighting is hooded and so directed that the light source is not visible from the public right-of-way or from neighboring residences. (2) Planned unit development, industrial. Industrial planned unit development as regulated by section 4-34 of this Code. (3) Commercial recreation facilities. Commercial recreation, provided that: a. Access. The site of the proposed use has direct access to an arterial or collector street as defined in the City Code, without utilizing public streets of a lower traffic handling classification to reach the arterial or collector street. b. Compatibility. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence. 5 c. Lighting shielded. All lighting shall be hooded and so directed that the light source is not visible from the right-of-way or from a residential zone or use. d. Surfacing. The entire area other than that occupied by buildings, structures or plantings shall be surfaced with a bituminous or concrete material which will control dust and drainage. The material and grading shall be subject to the approval of the city. e. Landscaping. Landscaping shall be provided and the type of planting material and the number and size of plants shall be subject to the approval of the city. (4) Self storage (mini warehouse) facilities. Provided that: a. Building location. No buildings shall be located closer than 35 feet to each other to allow for parking, loading, driveway and fire lanes. b. Building length. No building shall be greater than 150 feet in length. c. Snow storage. Adequate space is provided for snow storage. d. Fire hydrant. All structures are to be within 200 feet of a fire hydrant. e. Sprinkler systems. All storage buildings are to be equipped with dry sprinkling systems which will be subject to review and approval of the fire department. f. Fire alarm system. Every 2,000 square feet of the storage structure must be separated by a one-hour rated fire wall and shall be equipped with a complete and comprehensive fire alarm system subject to the review and approval of the fire department. g. Driveways and parking area. All driveways and parking areas are to be hard surfaced with concrete or blacktop and provided with adequate turning radius for fire vehicle maneuverability. Parking spaces shall be striped in white and city required fire-lanes shall be striped in yellow. h. Caretaker apartment. If an "on-premises" caretaker dwelling unit is provided on site, construction of said dwelling unit shall conform to all design standard regulations for multiple-family dwelling units of the Minnesota State Building Code and the New Hope Zoning and Building Code. Two off-street parking spaces and one garage stall must be provided for the caretaker dwelling unit. The minimum dwelling unit and room floor sizes shall be controlled by subsections 3-35(c), 3-36(a), 3-36(b) and 4-3(b)(2)b of this Code. i. Building appearance. Any structures having exposure to an adjacent residential use or public right-of-way, park, or similar public use areas shall be of brick, natural stone, wood, or stucco facing material. j. Prohibited uses. Any and all commercial, industrial or residential use other than storage is prohibited within the self storage facility. k. Prohibited storage. Storage of any hazardous materials, chemicals, gasoline, or flammable liquids is prohibited in any storage space, except for normal household quantities. Any storage of propane tanks or flammable gases is prohibited. No more than 6 four vehicle tires may be stored in any rental space. Any and all commercial, industrial or residential use other than storage is prohibited within the self storage facility. (5) Personal wireless service antenna towers. Personal wireless service antenna towers in conformance with subsection 4-3(l) of this Code. (6) Commercial and public radio and television transmitting antennas and public utility microwave antennas and related antenna towers. Commercial and public radio and television transmitting antennas and public utility microwave antennas and related antenna towers in conformance with subsection 4-3(l) of this Code. (7) Warehouse conversion to self-storage. a. On-site manager required. A full-time onsite manager must be employed to manage the facility, control access and supervise operations during all open hours in full compliance with the conditional use permit. An exception to the full-time onsite manager may be granted for self-storage facilities that have a keypad controlled access and a comprehensive security system. The comprehensive security system shall address building access, lighting, cameras, alarm systems, and fire suppression. The security system plan shall be reviewed and approved by the city. b. Fire sprinkler system. The building shall be equipped with an auto-fire sprinkler system approved by the fire department adequate to protect all storage within the building. The adequacy of any existing system must be certified in writing by a qualified fire consultant acceptable to the city. Any existing system or proposed changes, certified by the fire consultant, must also be reviewed and approved by the fire department. c. Prohibited storage. Storage of any hazardous materials, chemicals, gasoline or flammable liquids is prohibited in any storage space, except for normal household quantities. Any storage of propane tanks or flammable gases is prohibited. No more than four vehicle tires may be stored in any rental space. A rental agreement between the operator and each lessee shall be required. The rental agreement shall strictly prohibit the lessee from storing or using materials in the storage space or on the facility that are flammable or classified as hazardous or toxic under any local, state, or federal law or regulation, and from engaging in any activity which produces such materials in the storage space. d. Prohibited uses. Any and all commercial, industrial or residential use other than storage is prohibited within the self storage facility. e. Storage access. Storage spaces must be accessible only from the interior of the building. Accessibility from the exterior of the building to any storage space may be approved for self-storage facilities if the exterior access units are fully screened from all residential use and public rights-of-way per subsection 4-3(d)(3) of this Code. (8) Animal kennels and animal day care. Subject to the following conditions: 7 a. The facility's minimum size must provide for 75 square feet per dog and 20 square feet per cat or any other animal boarded at any one time, exclusive of office or storage area. The facility must provide one cage or air kennel per animal. b. Related ancillary services including training, grooming and food and accessory sales may be conducted or provided at the facility. c. An exercise area shall be provided to accommodate the periodic exercising of animals boarded at the facility. The exercise area must be 100 square feet in size for each animal that occupies that area at any one time. Any outdoor exercise area must be fenced, must have a three-foot vegetative buffer, must be cleaned regularly, and any animal waste must be appropriately treated before it is allowed to enter any stormwater pond or storm sewer. d. The facility must have a ventilation system that prohibits the transmission of odors or organisms between tenant bays. The ventilation system must be capable of completely exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated for the keeping of animals exclusive of offices pursuant to Chapter 1346 of the Minnesota State Building Code, as may be amended, these requirements can be met by the submission of an air exchange analysis, acceptable to the city from a Minnesota licensed contractor or engineer confirming compliance with said standards, otherwise, the facility ventilation system must be completely separate and independent of other tenant space within the building. Facility air temperature must be maintained between 60 degrees and 80 degrees Fahrenheit. e. A sufficiently sized room/cage separate from the facility areas shall be provided to adequately separate sick or injured animals from healthy animals. f. Wall finish materials below 48 inches in height shall be impervious, washable materials like sealed masonry, ceramic tile, glassboard, or marlite. Floor finish shall be sealed concrete or other approved impervious surface. Liquid-tight curbing, at least six inches high, shall be installed along shared walls for sanitary confinement and water wash-down cleaning. g. Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a container of sufficient construction to eliminate odors and organisms. All animal waste must be properly disposed of daily. h. The facility must be appropriately licensed per section 7-4 of this Code and all conditions of said section must be satisfied. i. The property owner shall provide the city with at least 14 days' notice of the animal kennel/day care intention to vacate the premises and allow a city inspection of the premises. j. The facility must provide sufficient, uniformly distributed lighting to the kennel area. k. Exemption. Veterinary clinics that board ten or fewer animals and pet stores are exempt from this conditional use permit requirement. 8 l. Caretaker apartment. If an "on premises" caretaker dwelling unit is provided on site, construction of said dwelling unit shall conform to all design standard regulations for multiple-family dwelling units of the state building code and the city zoning and building code. Two off-street parking spaces and one garage stall must be provided for the caretaker dwelling unit. The minimum dwelling unit and room floor sizes shall be controlled by subsection 4-3(b)(2)b. of this Code. m. Guest room. If a guest room is provided within the kennel facility it must meet efficiency unit size requirements as listed in subsection 4-3(b)(2)b. of this Code. One additional parking stall must be provided for the guest room. Guest rooms shall only be used by persons obtaining services or receiving training from the kennel facility. Guest stays are limited to a maximum of ten business days per training visit. (9) Brewery with taproom. Brewery with taproom as defined by section 4-2(b) of this Code provided that: a. The owner of the brewery qualifies for and receives a brewer license and a malt liquor wholesale license (if wholesale of malt liquor is an intended activity) from the State of Minnesota, according to Minn. Stat. § 340A.301. b. An accessory brewer's taproom for the on-sale of malt liquor produced on-site shall require a brewery taproom license from the City of New Hope according to chapter 10 of this Code. c. Off-sale of malt liquor in the form of growlers shall require a brewery license for off- sale of malt liquor according to chapter 10 of this Code. d. The site provides adequate parking for taproom and other uses per section 4-3(e) of this Code. Taproom parking shall not interfere with on-site circulation or other operations sharing the site. e. The brewery shall meet all off-street loading standards of section 4-3(f) of this Code. f. Outdoor dining, drinking, or service as an accessory use for taprooms may be allowed subject to the following conditions: 1. The applicant shall be required to submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations. 2. Access to the dining area shall be provided only via the principal building if the dining area is a full service restaurant, including table waiting service. 3. The size of the dining area is restricted to 30 percent of the total customer floor area within the principal structure. 4. The dining area shall be screened from view from adjacent residential uses in accordance with subsection 4-3(d)(3) of this Code. 5. All lighting shall be hooded and directed away from adjacent residential uses in accordance with subsection 4-3(d)(5) of this Code. 9 6. The applicant demonstrates that pedestrian circulation shall not be disrupted as a result of the outdoor dining area by providing the following: i. Outdoor dining area shall be segregated from through pedestrian circulation by means of temporary fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the city council. ii. Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. iii. Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven feet above sidewalk. 7. The dining area shall be surfaced with concrete, bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface. 8. A minimum width of 36 inches shall be provided within aisles of the outdoor dining area. 9. Storage of furniture shall not be permitted on the sidewalk between November 1 and March 31. Sidewalk furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition of this section. However, any immovable or permanently fixed or attached furniture must be approved as part of the administrative permit application. 10. Additional off-street parking shall be required pursuant to the requirements set forth in subsection 4-3(e) of this Code based on the additional seating area provided by the outdoor dining area. 11. Refuse containers shall be provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter. 12. Rooftop dining facilities shall be permitted provided they meet all applicable conditions as listed herein and in addition: i. Provide permanent walls of fencing around the periphery of the dining area at a minimum height of 42 inches to ensure the safety of persons/property. ii. Any permanent structures, including divider walls, trellis work, etc. shall be included as part of the building upon which they are located and are subject to the building height limitations as specified in subsection 4-16(f)(3) of this Code. iii. The submitted plans for a rooftop dining facility as well as the building upon which the proposed outdoor dining is to occur are subject to review by the city building inspector. The inspector will determine whether the building is structurally capable of handling the additional weight of persons and equipment. 10 (10) Microdistillery cocktail room. Microdistillery cocktail room as defined by section 4- 2(b) of this Code provided that: a. The owner of the microdistillery qualifies for and receives a microdistillery license from the State of Minnesota, according to Minn. Stat. § 340A.22. b. The owner of the microdistillery qualifies for and receives a microdistillery cocktail room on-sale license from the City of New Hope according to chapter 10 of this Code. c. Off-sale of liquor produced in the microdistillery shall require a microdistillery license for off-sale of liquor according to chapter 10 of this Code. d. The site provides adequate parking for cocktail room and other uses per section 4-3(e) of this Code. Cocktail room parking shall not interfere with on-site circulation or other operations sharing the site. e. The cocktail room shall meet all off-street loading standards of section 4-3(f) of this Code. f. Outdoor dining, drinking, or service as an accessory use for cocktail room may be allowed subject to the following conditions: 1. The applicant shall be required to submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations. 2. Access to the dining area shall be provided only via the principal building if the dining area is a full service restaurant, including table waiting service. 3. The size of the dining area is restricted to 30 percent of the total customer floor area within the principal structure. 4. The dining area shall be screened from view from adjacent residential uses in accordance with subsection 4-3(d)(3) of this Code. 5. All lighting shall be hooded and directed away from adjacent residential uses in accordance with subsection 4-3(d)(5) of this Code. 6. The applicant demonstrates that pedestrian circulation shall not be disrupted as a result of the outdoor dining area by providing the following: i. Outdoor dining area shall be segregated from through pedestrian circulation by means of temporary fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the city council. ii. Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. iii. Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven feet above sidewalk. 11 7. The dining area shall be surfaced with concrete, bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface. 8. A minimum width of 36 inches shall be provided within aisles of the outdoor dining area. 9. Storage of furniture shall not be permitted on the sidewalk between November 1 and March 31. Sidewalk furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition of this section. However, any immovable or permanently fixed or attached furniture must be approved as part of the administrative permit application. 10. Additional off-street parking shall be required pursuant to the requirements set forth in subsection 4-3(e) of this Code based on the additional seating area provided by the outdoor dining area. 11. Refuse containers shall be provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter. 12. Rooftop dining facilities shall be permitted provided they meet all applicable conditions as listed herein and in addition: i. Provide permanent walls of fencing around the periphery of the dining area at a minimum height of 42 inches to ensure the safety of persons/property. ii. Any permanent structures, including divider walls, trellis work, etc. shall be included as part of the building upon which they are located and are subject to the building height limitations as specified in subsection 4-16(f)(3) of this Code. iii. The submitted plans for a rooftop dining facility as well as the building upon which the proposed outdoor dining is to occur are subject to review by the city building inspector. The inspector will determine whether the building is structurally capable of handling the additional weight of persons and equipment. (11) Health clubs, provided that: a. The facility has adequate parking for the use per section 4-3(e) of this Code. b. A traffic study shall be required under the following conditions: 1. The use generates traffic beyond the existing traffic level and resulting in more than 100 trips in any peak hour. 2. The city engineer determines that the site location, access, or traffic generation may result in traffic conflicts, safety issues, or a reduction of the street service level classification. 3. The conditional use permit must address all issues identified in the traffic study and the property owner shall be assessed for costs associated with improvements deemed necessary to mitigate traffic issues generated by the proposed use. 12 (12) Sports training centers, provided that: a. The facility has adequate parking for the use per section 4-3(e) of this Code. b. A traffic study shall be required under the following conditions: 1. The use generates traffic beyond the existing traffic level and resulting in more than 100 trips in any peak hour. 2. The city engineer determines that the site location, access, or traffic generation may result in traffic conflicts, safety issues, or a reduction of the street service level classification. 3. The conditional use permit must address all issues identified in the traffic study and the property owner shall be assessed for costs associated with improvements deemed necessary to mitigate traffic issues generated by the proposed use. (f) Lot requirements, building heights, and setbacks. The following minimum requirements shall be observed in the B-W district subject to additional requirements, exception, and modification set forth in this Code. (1) Minimum lot area. One acre. (2) Minimum lot width. 100 feet. (3) Impervious surface. Not more than 80 percent of the lot area shall be impervious surface. a. The pervious portion of the lot area shall be maintained as landscaping in conformance with subsection 4-3(d)(4) of this Code. (4) Building height. Six stories or 72 feet, whichever is greater. Four stories or 48 feet, whichever is greater, shall be required where a B-W district lot abuts the side or rear lot lines of lots in an R-1 or R-2 zoning district. (5) Setbacks. Front: Local Street Front: Arterial or Community Collector Street (a) Rear (b)(c) Side Interior Side Yard (b)(c) Side: Corner Local Street Side: Arterial or Community Collector Street (a) 30 feet 30 feet 30 feet 10 (b) 30 feet 30 feet (a) See subsection 4-3(c)(6)b of this Code. (b) A 75 foot side or rear yard setback will be required where the lot abuts an R-1 or R-2 zoning district. (c) For each additional story over three stories or for each additional ten feet over 40 feet, the rear and side yard setback requirements shall be increased by five feet. Section 2. Section 4-20(c)(8) is hereby repealed in its entirety and reserved for future use. (8) Open outdoor storage. Open outdoor storage as a permitted accessory use provided that: 13 a. Accessory use. Open outdoor storage areas must be an accessory use, as defined by subsection 4-2(b) of this Code, to a permitted or conditional principal use on the site. b. Maximum space. Open outdoor storage areas connected with the principal use are limited to 20 percent of the gross floor area of principal structure. c. Setbacks. The open outdoor storage area are not located within any front yard or side yard abutting a public right-of-way. Open outdoor storage areas are set back five feet from all side and rear lot lines and not located within a utility or drainage easement. d. Surfacing. Open outdoor storage areas are surfaced with concrete or bituminous. e. Fencing. A wire weave/chain link security fence is erected around the open outdoor storage area in conformance with subsection 4-3(d)(3)c of this Code. Open outdoor storage areas intended for the exclusive storage of semitrailers may be exempt from the required security fencing provided the storage area is delineated and the individual trailers are secured. f. Screening/landscaping. Open outdoor storage areas are landscaped, fenced, and screened from view of adjacent residential properties and public rights-of-way in accordance with the provisions of subsection 4-3(d)(3) of this Code. g. Required parking. Open outdoor storage areas do not utilize any required off-street parking, loading areas, or access space, as required by subsections 4-3(e) and 4-3(f) of this Code. h. Hazardous materials. The open outdoor storage areas are not used for storage of hazardous liquids, solids, gases or wastes. This provision does not prohibit the property owner from obtaining an administrative permit for the outdoor storage of propane or LP gas per subsection 4-20(d)(5) of this Code. i. Refuse and upkeep. Open outdoor storage areas are kept free of refuse, trash, debris, weeds, and waste fill. j. Lighting. All lighting is hooded and so directed that the light source is not visible from the public right-of-way or from neighboring residences. Section 3. Section 4-20(d) is hereby amended to add the underlined text as follows: (6) Open outdoor storage provided that: a. Accessory use. Open outdoor storage areas must be an accessory use, as defined by subsection 4-2(b) of this Code, to a permitted or conditional principal use on the site. b. Maximum space. Open outdoor storage areas connected with the principal use are limited to 20 percent of the gross floor area of principal structure. c. Setbacks. The open outdoor storage area are not located within any front yard or side yard abutting a public right-of-way. Open outdoor storage areas are set back five feet from all side and rear lot lines and not located within a utility or drainage easement. d. Surfacing. Open outdoor storage areas are surfaced with concrete or bituminous. e. Fencing. A wire weave/chain link security fence is erected around the open outdoor storage area in conformance with subsection 4-3(d)(3)c of this Code. Open outdoor storage areas intended for the exclusive storage of semitrailers may be exempt from the required security fencing provided the storage area is delineated and the individual trailers are secured. 14 f. Screening/landscaping. Open outdoor storage areas are landscaped, fenced, and screened from view of adjacent residential properties and public rights-of-way in accordance with the provisions of subsection 4-3(d)(3) of this Code. g. Required parking. Open outdoor storage areas do not utilize any required off -street parking, loading areas, or access space, as required by subsections 4-3(e) and 4-3(f) of this Code. h. Hazardous materials. The open outdoor storage areas are not used for storage of hazardous liquids, solids, gases or wastes. This provision does not prohibit the property owner from obtaining an administrative permit for the outdoor storage of propane or LP gas per subsection 4-20(d)(5) of this Code. i. Refuse and upkeep. Open outdoor storage areas are kept free of refuse, trash, debris, weeds, and waste fill. j. Lighting. All lighting is hooded and so directed that the light source is not visible from the public right-of-way or from neighboring residences. Section 4. Sections 4-20(e)(7) and 4-20(e)(15) are hereby repealed in their entirety and reserved for future use. (7) Self storage (mini warehouse) facilities. Provided that: a. Building location. No buildings shall be located closer than 35 feet to each other to allow for parking, loading, driveway and fire lanes. b. Building length. No building shall be greater than 150 feet in length. c. Snow storage. Adequate space is provided for snow storage. d. Fire hydrant. All structures are to be within 200 feet of a fire hydrant. e. Sprinkler systems. All storage buildings are to be equipped with dry sprinkling systems which will be subject to review and approval of the fire department. f. Fire alarm system. Every 2,000 square feet of the storage structure must be separated by a one-hour rated fire wall and shall be equipped with a complete and comprehensive fire alarm system subject to the review and approval of the fire department. g. Driveways and parking area. All driveways and parking areas are to be hard surfaced with concrete or blacktop and provided with adequate turning radius for fire vehicle maneuverability. Parking spaces shall be striped in white and city required fire-lanes shall be striped in yellow. h. Caretaker apartment. If an "on-premises" caretaker dwelling unit is provided on site, construction of said dwelling unit shall conform to all design standard regulations for multiple-family dwelling units of the Minnesota State Building Code and the New Hope Zoning and Building Code. Two off-street parking spaces and one garage stall must be provided for the caretaker dwelling unit. The minimum dwelling unit and room floor sizes shall be controlled by subsections 3-35(c), 3-36(a), 3-36(b) and 4-3(b)(2)b of this Code. i. Building appearance. Any structures having exposure to an adjacent residential use or public right-of-way, park, or similar public use areas shall be of brick, natural stone, wood, or stucco facing material. 15 j. Prohibited uses. Any and all commercial, industrial or residential use other than storage is prohibited within the self storage facility. k. Prohibited storage. Storage of any hazardous materials, chemicals, gasoline, or flammable liquids is prohibited in any storage space, except for normal household quantities. Any storage of propane tanks or flammable gases is prohibited. No more than four vehicle tires may be stored in any rental space. Any and all commercial, industrial or residential use other than storage is prohibited within the self storage facility. (15) Warehouse conversion to self-storage. a. On-site manager required. A full-time onsite manager must be employed to manage the facility, control access and supervise operations during all open hours in full compliance with the conditional use permit. An exception to the full-time onsite manager may be granted for self-storage facilities that have a key pad controlled access and a comprehensive security system. The comprehensivesecurity system shall address building access, lighting, cameras, alarm systems, and fire suppression. The security system plan shall be reviewed and approved by the city. b. Fire sprinkler system. The building shall be equipped with an auto-fire sprinkler system approved by the fire department adequate to protect all storage within the building. The adequacy of any existing system must be certified in writing by a qualified fire consultant acceptable to the city. Any existing system or proposed changes, certified by the fire consultant, must also be reviewed and approved by the fire department. c. Prohibited storage. Storage of any hazardous materials, chemicals, gasoline or flammable liquids is prohibited in any storage space, except for normal household quantities. Any storage of propane tanks or flammable gases is prohibited. No more than four vehicle tires may be stored in any rental space. A rental agreement between the operator and each lessee shall be required. The rental agreement shall strictly prohibit the lessee from storing or using materials in the storage space or on the facility that are flammable or classified as hazardous or toxic under any local, state, or federal law or regulation, and from engaging in any activity which produces such materials in the storage space. d. Prohibited uses. Any and all commercial, industrial or residential use other than storage is prohibited within the self storage facility. e. Storage access. Storage spaces must be accessible only from the interior of the building. Accessibility from the exterior of the building to any storage space may be approved for self- storage facilities if the exterior access units are fully screened from all residential use and public rights-of-way per subsection 4-3(d)(3) of this Code. Section 5. Section 3-50(k)(3) is hereby amended to repeal the stricken text and add the underlined text as follows: a. In the LB, CB, and I, and B-W districts , one freestanding sign is allowed per lot. In the GPO district , multiple freestanding signs are allowed per lot subject to the following requirements. The area of a freestanding sign may not exceed 100 square feet each side, exclusive of base or frame, with a maximum height of 30 feet. Freestanding signs abutting a freeway or freeway frontage road shall not exceed 200 feet in area. Section 6. Section 4-3(n)(2)c is hereby amended to add the underlined text as follows: 16 c. Ground-mounted solar energy systems in accordance with the standards of this section shall be allowed with an administrative permit in the B-W, CB, CC, GPO Industrial, LB, R-B, and R-O zoning districts. Section 7. Section 4-4(a)(3) is hereby amended to add the underlined text as follows: (3) Industrial Districts. a. I, Industrial district b. B-W, Business/warehouse district Section 8. Section 4-33(c)(8) is hereby amended to add the underlined text as follows: (8) In industrial districts (B-W, I): Section 9. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 27th day of January, 2020. Kathi Hemken, Mayor ATTEST: _________________________________ Valerie Leone, City Clerk (Published in the Crystal, Robbinsdale, New Hope and Golden Valley Sun-Post the _______ day of ________________, 2020) ORDINANCE NO. 20-03 AN ORDINANCE AMENDING THE ZONING MAP OF NEW HOPE ESTABLISHED BY NEW HOPE CODE SECTION 4-4(b) BY REZONING CERTAIN PROPERTIES FROM INDUSTRIAL TO BUSINESS WAREHOUSE THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-4(b) “Zoning map” of the New Hope City Code is hereby amended by re- zoning or changing the zoning district designation of the following described properties having property addresses, property tax identification numbers and legal descriptions as set forth below from I, Industrial District to B-W, Business Warehouse District under Section 4-19 of the New Hope Code: Properties Affected by Rezoning Address Property Identification Number 7301 36th Ave N 20-118-21-21-0009 9211 52nd Ave N 07-118-21-22-0015 9300 52nd Ave N 07-118-21-22-0001 2711 Nevada Ave N 20-118-21-34-0026 4630 Quebec Ave N 08-118-21-33-0081 3216 Winnetka Ave N 20-118-21-23-0018 3209 Winpark Dr 20-118-21-23-0012 5040 Winnetka Ave N 08-118-21-23-0002 See legal descriptions of the Property, attached hereto as Exhibit A. (the “Property”) Section 2. All conditions of approval set forth in Ordinance No. 20-01 shall be incorporated herein. Section 3. Effective Date. This zoning map amendment shall become effective and be formally imposed on the New Hope Zoning Map upon the approval of the Ordinance No. 20-01, and upon adoption and publication of this ordinance. This zoning map amendment shall be published thereafter and shall be in full force upon final publication. APPROVED by the New Hope City Council this 27th day of January, 2020. ________________________________ Kathi Hemken, Mayor ATTEST: ___________________________________ Valerie Leone, City Clerk 2 Exhibit A Legal Descriptions of Properties Being Re-Zoned to B-W District 7301 36th Ave. N. Lot 1, Block 1, Stremel Addition, Hennepin County, Minnesota. 9211 52nd Ave. N. THAT PART OF LOT 2 WHICH LIES WESTERLY AND SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE AND ITS NORTHWESTERLY EXTENSION HEREIN AFTER KNOWN AS "LINE A". COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE SOUTH 88 DEGREES 50 MINUTES 37 SECONDS EAST, ASSUMED BEARING, ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 371.87 FEET TO THE POINT OF BEGINNING OF SAID "LINE A" TO BE HEREIN DESCRIBED; THENCE NORTH 44 DEGREES 42 MINUTES 27 SECONDS WEST, 304.65 FEET TO THE NORTH LINE OF SAID LOT 2 AND THERE TERMINATING, Hennepin County, Minnesota. 9300 52nd Ave. N. COM AT A PT IN W LINE OF NW 1/4 OF NW 1/4 DIS 187 FT S OF SLY LINE OF R R R&W TH DEFLECTING 90 DEG 50 MIN TO THE LEFT 634 5/10 FT TH DEFLECTING 11 DEG 10 MIN TO THE LEFT TO A PT IN THE E LINE OF W 55 RODS OF NW 1/4 OF NW 1/4 DIS 131 1/10 FT S OF THE SLY LINE OF R R R&W TH N TO SAID R&W LINE TH WLY ALONG SAID R&W LINE TO W LINE OF NW 1/4 TH S TO BEG EX ROAD 2711 Nevada Ave. N. LOTS 1 AND 2 BLK 1 KING INDUSTRIAL PARK SUBJECT TO ROAD, Hennepin County, Minnesota. 4630 Quebec Ave. N. Unit 2, CIC NO. 2046 PARK PLACE STORAGE CONDOMINIUMS OF NEW HOPE, Hennepin County, Minnesota. 3216 Winnetka Ave. N. Lot 1, Block 1, J R Jones Addition, Hennepin County, Minnesota. 3209 Winpark Dr. Lot 3, Block 1, Pazandak Addition, Hennepin County, Minnesota. 5040 Winnetka Ave. N. N 265 FT OF W 558 FT OF SW 1/4 OF NW 1/4 EX ROAD of Section 8, Township 118, Range 21, Hennepin County, Minnesota. (Published in the Crystal, Robbinsdale, New Hope, Golden Valley Sun-Post the ______ day of ________________, 2020) P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-82003 - B-W Zoning Map Amendment\Ordinance amending zoning map for B-W District.docx 1 SUMMARY OF ORDINANCE NO. 20-03 AN ORDINANCE AMENDING THE ZONING MAP OF NEW HOPE ESTABLISHED BY NEW HOPE CODE SECTION 4-4(b) BY REZONING CERTAIN PROPERTIES FROM INDUSTRIAL TO BUSINESS WAREHOUSE Ordinance No. 20-03 amends Chapter 4-4(b) “Zoning map” of the New Hope City code and will result in the rezoning of eight properties in the Industrial district being rezoned to the Business Warehouse district. The eight properties that are set to be rezoned are as follows: Properties Affected by Rezoning Address Property Identification Number 7301 36th Ave N 20-118-21-21-0009 9211 52nd Ave N 07-118-21-22-0015 9300 52nd Ave N 07-118-21-22-0001 2711 Nevada Ave N 20-118-21-34-0026 4630 Quebec Ave N 08-118-21-33-0081 3216 Winnetka Ave N 20-118-21-23-0018 3209 Winpark Dr 20-118-21-23-0012 5040 Winnetka Ave N 08-118-21-23-0002 The full version of Ordinance No. 20-03 is posted at www.newhopemn.gov and is available for inspection at the City Clerk’s office, 4401 Xylon Avenue North, New Hope, Minnesota. Duly published notice for a public hearing, and a public hearing was held for Ordinance No. 20-03 at the New Hope Planning Commission Meeting on January 7, 2020. The above Ordinance was adopted by the New Hope City Council on January 27, 2020, and shall become effective upon publication. Valerie Leone City Clerk (Published in the Crystal, Robbinsdale, New Hope, Golden Valley Sun-Post on February 6, 2020) 1 SUMMARY OF ORDINANCE NO. 20-01 AN ORDINANCE AMENDING CHAPTER 4 (ZONING) OF THE NEW HOPE CITY CODE ADOPTING A BUSINESS WAREHOUSE ZONING DISTRICT, REPEALING SELF STORAGE AS A CONDITIONAL USE IN THE INDUSTRIAL DISTRICT, AND REQUIRING AN ADMINISTRATIVE PERMIT FOR LIMITED OPEN OUTDOOR STORAGE IN THE INDUSTRIAL DISTRICT Ordinance No. 20-01 amends Chapter 4 of the New Hope City Code to establish a Business Warehouse zoning district, repeals self-storage as a conditional use in the industrial district, and now requires an administrative permit for limited open outdoor storage in the industrial district. The full version of Ordinance No. 20-01 is posted at www.newhopemn.gov and is available for inspection at the City Clerk’s office, 4401 Xylon Avenue North, New Hope, Minnesota. Duly published notice for a public hearing, and a public hearing was held for Ordinance No. 20-01 at the New Hope Planning Commission Meeting on January 7, 2020. The above Ordinance was adopted by the New Hope City Council on January 27, 2020, and shall become effective upon publication. Valerie Leone City Clerk (Published in the Crystal, Robbinsdale, New Hope, Golden Valley Sun-Post on February 6, 2020) 6 Planning Commission Meeting January 7, 2020 to close the Public Hearing. All present voted in favor. Motion carried. No further discussion Motion Item 4.3 Motion by Commissioner Landy, seconded by Commissioner Mannix, to approve Planning Case 20-02, request for amendment to Section 6- 14(e)(3) of the New Hope City Code related to right-of-way management and the exceptions to registration requirements, city of New Hope, petitioner. Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Korkowski, Voting against: None Absent: Redden Motion approved 8-0 Chair Schmidt stated the case will be brought to the January 27, 2020 City Council meeting. PUBLIC HEARING Planning Case 20-01 Item 4.4 Chair Schmidt introduced Item 4.4, Planning Case 20-01, request for amendment to Chapter 4 (zoning) of the New Hope City Code adopting a Business Warehouse zoning district, repealing self-storage as a conditional use in the Industrial district, and requiring an administrative permit for limited open outdoor storage in the Industrial district; request for amendment to the zoning map of New Hope established by New Hope Code Section 4-4(b) by rezoning certain properties from Industrial to Business Warehouse, city of New Hope, petitioner. Mr. Jeff Alger, Community Development Specialist, gave background information on the case. The Codes and Standards Committee discussed the possibility of creating a new Business Warehouse (B-W) zoning district at its October 1, 2019, meeting. The purpose of the district would be to provide for the establishment of wholesale and retail trade of large volume or bulk commercial items, self-storage, and warehousing. This includes uses that are industrial in nature but may bring customer traffic and patronage to the site. In order to implement a new zoning district, two text amendments must be approved. The first text amendment establishes zoning requirements and consists of the following. First, establishes permitted & conditional uses; minimum lot, building & setback requirements. Second, repeals self-storage facilities & conversion of industrial buildings into self-storage facilities as conditional uses in Industrial district. Third, requires administrative permit for limited open outdoor storage in Industrial district. Fourth, amends reference in the sign code to specific zoning district to include B- W zoning district. Self-storage facilities would only be allowed in B-W district and would also require a conditional use permit. Rezoning would be required to open a self-storage facility in the Industrial district. 7 Planning Commission Meeting January 7, 2020 Next, Alger reviewed the permitted uses in both districts. The B-W district uses are similar to permitted uses in the Industrial district, with a few differences. Automobile major repair, trade schools, and radio and TV antenna farms are permitted uses in the Industrial district, but would not be permitted in the B-W district. Radio & TV stations, indoor recreational businesses, and off site service business are permitted uses in the B-W zoning district, but would not be permitted in the Industrial district. Alger then reviewed the conditional uses in B-W district have some similarities to the Industrial district. Restaurants, motels, solid/hazardous waste transfer stations, truck terminals and major truck repair, health and social services, daycare centers, adult uses, and government buildings are conditional uses in the industrial district, but would not be conditional uses in the B-W district. Self-storage facilities and warehouse conversion to self-storage facilities are conditional uses in the B-W district, but would not be in the Industrial zoning district. Lot requirements, building heights, and setbacks for the B-W district are the same as the Industrial district. The second part of the request involves an amendment to the zoning map. There are currently eight properties with self-storage uses that would be rezoned to the B-W zoning district. Alger concluded that proper legal notice and mailing notice were given. Staff did receive feedback from four property owners regarding this planning case. Written feedback was received from a representative of one property owner, which a copy was given to Commissioners before the meeting. Staff recommends the Planning Commission approve both of the proposed text amendments, which will require two public hearings. When Chair Schmidt asked if anyone had questions, Commissioner Clark brought up that it is unusual to have specific lots called out for rezoning based upon their business use type. It is more common to have lots similar in geographic area that are rezoned. Mr. Brixus replied that the properties being rezoned from Industrial to B-W are similar in zoning and business use. The proposed rezoning should not have an effect on geographic area. Commissioner Clark asked if another self- storage business comes in and wants to rezone from Industrial to B-W district, whether the city could decline the offer. Brixus replied that if there is interest, the city has discretion to say yes or no for rezoning after weighing the pros and cons. Commissioner Landy questioned City Attorney Stacy Woods on the feedback received from the property owner’s representative. Woods said that all CUPs run with the land. Since the state has this as a law, the city would not need to restate the same in the text amendment. Mr. Sargent clarified that the current owner of the B-W district could no longer pursue some land uses based upon the rezoning, but current uses 8 Planning Commission Meeting January 7, 2020 could remain intact. Commissioner Clark, wanted records to show that the commission addressed the feedback from Louts Commercial Properties LLC. Motion by Commissioner Landy, seconded by Commissioner Mannix, to open the first Public Hearing. All present voted in favor. Motion carried. No one from the audience wished to speak. Motion by Commissioner Landy, seconded by Commissioner Mannix, to close the first Public Hearing. All present voted in favor. Motion carried. Motion by Commissioner Landy, seconded by Commissioner Mannix, to open the second Public Hearing. All present voted in favor. Motion carried. No one from the audience wished to speak. Motion by Commissioner Landy, seconded by Commissioner Mannix, to close the second Public Hearing. All present voted in favor. Motion carried. No further discussion. Motion Item 4.4 Motion by Commissioner Landy, seconded by Commissioner Mannix, to approve Planning Case 20-01, request for amendment to Chapter 4 (zoning) of the New Hope City Code adopting a Business Warehouse zoning district, repealing self-storage as a conditional use in the Industrial district, and requiring an administrative permit for limited open outdoor storage in the Industrial district; request for amendment to the zoning map of New Hope established by New Hope Code Section 4-4(b) by rezoning certain properties from Industrial to Business Warehouse, city of New Hope, petitioner. Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Korkowski, Voting against: None Absent: Redden Motion approved 8-0 Chair Schmidt stated the case will be brought to the January 27, 2020 City Council meeting. COMMITTEE REPORTS Design and Review Committee Item 5.1 The next potential meeting is on January 16, 2020. Staff has not received any applications at this point. If the meeting is cancelled, an update will be provided. I:\RFA\COMM DEV\2020\City Council\1-27-20 ROW Allowable uses\Q - PC 20-02 Right of Way Exceptions.docx Request for Action January 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Jeff Sargent, Director of Community Development; Brandon Bell, Community Development Assistant Agenda Title Ordinance No. 20-02, an ordinance amending Section 6-14(e)(3) of the New Hope City Code related to right- of-way management and the exceptions to registration requirements Requested Action Staff requests that the City Council approve Planning Case 20-02, an ordinance amending Section 6-14(e)(3) of the New Hope City Code related to right-of-way management and the exceptions to registration requirements. Policy/Past Practice It is a past practice of the city to amend ordinances to accommodate the changing needs of the community. Background Section 6-14(e)(3) of the City Code currently dictates what exceptions are made in the right-of-way and do not require right-of-away permits. There are currently two items, fences and parking lots, that although they are allowable uses, due to setback regulations in the code they would not be allowed. Staff is proposing to eliminate these two exceptions so that the code is more consistent and conforming. Likewise, currently irrigation systems are not an exception in the right-of-way. Staff studied other cities codes in the area and found that many of them allow for irrigation systems. Allowing irrigation systems would be consistent with current City Code since residents are expected to properly maintain the right-of-way that directly abuts their property, and irrigation systems can be essential to performing this task. Recommendation The Planning Commission considered the ordinance amending Section 6-14(e)(3) of the City Code related to right-of-way management and the exceptions to registration requirements and recommended approval with an 8-0 vote. Attachments  Ordinance 20-02  Planning Commission minutes (January 7, 2020) Please refer to the report included with the January 7, 2020, Planning Commission packet for additional information. Agenda Section Ordinances & Resolutions Item Number 10.3 ORDINANCE NO. 20-02 AN ORDINANCE AMENDING SECTION 6-14(e)(3) OF THE NEW HOPE CITY CODE RELATED TO RIGHT-OF-WAY MANAGEMENT AND THE EXCEPTIONS TO REGISTRATION REQUIREMENTS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 6-14(e)(3) Right-of-way management, Registration, Exceptions, is hereby amended to add the underlined text as follows: Exceptions. The following are not subject to the requirements of this section: a. Persons planting or maintaining boulevard plantings or gardens. b. Persons erecting fences, installing driveways, sidewalks, curb and gutter, or irrigation systems or parking lots. c. Persons engaged in snow removal activities. d. Federal, state, county, and city agencies. e. Persons installing pet containment systems. f. Plumbers licensed in accordance with section 3-1(a)(1) of this Code. g. Persons acting as agents, contractors or subcontractors for a registrant who has properly registered in accordance with this section. h. Persons temporarily placing residential household waste containers in the right-of-way for the collection of solid waste or recyclables. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this ____ day of ______, 2020. Kathi Hemken, Mayor ATTEST: _________________________________ Valerie Leone, City Clerk G:\CommDev\Planning\Reports\PC 20-02 Text Amendment, Right-Of-Way Management\PC 20-02 Ordinance No. 20-02.docx 5 Planning Commission Meeting January 7, 2020 at brewery taprooms, on-sale Sunday sales of distilled liquor at microdistillery cocktail rooms, and off-sale intoxicating liquor sales at microdistillery cocktail rooms, city of New Hope, petitioner. Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Korkowski, Voting against: None Absent: Redden Motion approved 8-0 Chair Schmidt stated the case will be brought to the January 27, 2020 City Council meeting. PUBLIC HEARING Planning Case 20-02 Item 4.3 Chair Schmidt introduced Item 4.3, Planning Case 20-02, request for amendment to Section 6-14(e)(3) of the New Hope City Code related to right-of-way management and the exceptions to registration requirements, city of New Hope, petitioner. Mr. Brandon Bell, Community Development Assistant, gave background information on the case. The Codes and Standards Committee discussed the possibility of adding and removing some allowable use exceptions in the Right-Of-Way Management section of the code at its October 1, 2019 meeting. There were two exceptions that were proposed to be removed: erecting fences and parking lots. The Codes and Standards Committee felt that both of these should be removed since they are already not allowed in the right-of-way due to setback requirements in other sections of the city’s ordinances. The Codes and Standards Committee also discussed adding “irrigation systems” as one of the exceptions in the right-of-way management. Staff looked into other city’s codes in the surrounding area, and many of them provide for this exception. It would be in line with current code since property owners are ultimately responsible for maintaining the landscaping in the public right-of-way directly abutting their property, and irrigation systems can be an exceptional way to having healthy vegetation. The Codes and Standards Committee was in favor of the text amendment relating to the addition and subtractions of certain right-of-way management exceptions. Staff recommends approval of the proposed text amendments. There were no questions for staff. Motion by Commissioner Mannix, seconded by Commissioner Landy, to open the Public Hearing. All present voted in favor. Motion carried. No one from the audience wished to speak. Motion by Commissioner Mannix, seconded by Commissioner Landy, 6 Planning Commission Meeting January 7, 2020 to close the Public Hearing. All present voted in favor. Motion carried. No further discussion Motion Item 4.3 Motion by Commissioner Landy, seconded by Commissioner Mannix, to approve Planning Case 20-02, request for amendment to Section 6- 14(e)(3) of the New Hope City Code related to right-of-way management and the exceptions to registration requirements, city of New Hope, petitioner. Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Korkowski, Voting against: None Absent: Redden Motion approved 8-0 Chair Schmidt stated the case will be brought to the January 27, 2020 City Council meeting. PUBLIC HEARING Planning Case 20-01 Item 4.4 Chair Schmidt introduced Item 4.4, Planning Case 20-01, request for amendment to Chapter 4 (zoning) of the New Hope City Code adopting a Business Warehouse zoning district, repealing self-storage as a conditional use in the Industrial district, and requiring an administrative permit for limited open outdoor storage in the Industrial district; request for amendment to the zoning map of New Hope established by New Hope Code Section 4-4(b) by rezoning certain properties from Industrial to Business Warehouse, city of New Hope, petitioner. Mr. Jeff Alger, Community Development Specialist, gave background information on the case. The Codes and Standards Committee discussed the possibility of creating a new Business Warehouse (B-W) zoning district at its October 1, 2019, meeting. The purpose of the district would be to provide for the establishment of wholesale and retail trade of large volume or bulk commercial items, self-storage, and warehousing. This includes uses that are industrial in nature but may bring customer traffic and patronage to the site. In order to implement a new zoning district, two text amendments must be approved. The first text amendment establishes zoning requirements and consists of the following. First, establishes permitted & conditional uses; minimum lot, building & setback requirements. Second, repeals self-storage facilities & conversion of industrial buildings into self-storage facilities as conditional uses in Industrial district. Third, requires administrative permit for limited open outdoor storage in Industrial district. Fourth, amends reference in the sign code to specific zoning district to include B- W zoning district. Self-storage facilities would only be allowed in B-W district and would also require a conditional use permit. Rezoning would be required to open a self-storage facility in the Industrial district. I:\RFA\City Manager\2020\12.1 Q - Upcoming Events.docx Request for Action January 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Kirk McDonald, City Manager Agenda Title Exchange of communication between members of the city council Upcoming meetings and events: Jan. 28 7-9 a.m. – Housing for All Breakfast with Legislators at St Joseph the Worker, 7180 Hemlock Ln N, Maple Grove 12-1:30 p.m. – Beyond the Yellow Ribbon Quad Community Quarterly Meeting at Crystal VFW, 5222 Bass Lake Road Feb. 3 4 p.m. – Blue Line Coalition Meeting at Robbinsdale 7 p.m. – Human Rights Commission Meeting Feb. 4 No Planning Commission Meeting Feb. 5 8:30 a.m. – Business Networking Group hosted by Kirsten Kukowski at Treehouse, 4203 Boone Ave N 1:30 p.m. – Joint Water Commission Meeting at Golden Valley Feb. 8 9:30-11 a.m. – 2020 Legislative Breakfast at Crystal City Hall Feb. 10 7 p.m. – City Council Meeting Agenda Section Other Business Item Number 12.1