01 27 20 City Council MinutesNew Hope City Council January 27, 2020
Page 1
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes January 27, 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:
Council absent:
Staff present:
Kathi Hemken, Mayor
Cedrick Frazier, Council Member
Andy Hoffe, Council Member
Jonathan London, Council Member
John Elder, Council Member
Kirk McDonald, City Manager
Jeff Alger, Community Development Specialist
Brandon Bell, Community Development Assistant
Tim Fournier, Director of Police
Valerie Leone, City Clerk
Jeff Sargent, Director of Community Development
Stacy Woods, Assistant City Attorney
APPROVAL OF
MINUTES
Motion was made by Council Member Hoffe, seconded by Council Member
London, to approve the regular meeting minutes of January 13, 2020. Voted in
favor thereof: Hemken, Frazier, Hoffe, London; and the following voted against
the same: None; Abstained: None; Absent: Elder. Motion carried.
OPEN FORUM
There was no one present desirous of addressing the council.
PRESENTATIONS:
2019 POLICE
DEPARTMENT
AWARDS
CEREMONY
Item 5.1
Mayor Hemken introduced for discussion Item 5.1, 2019 Police Department
Awards Ceremony.
Chief Tim Fournier explained the department’s Personnel Recognition and
Commendations policy calls for the recognition of both employees and citizens for
outstanding service. He stated the presentation will recognize officers and civilians
for outstanding service and community involvement during 2019. He offered
details of incidents that took place and presented the following individuals with
awards:
Chief Commendations
Captain Scott Slawson
Officer Gena Abramovich
Clerical Supervisor Jeana-Allen-Hatcher
New Hope City Council January 27, 2020
Page 2
Clerk Lorilee Stafford
Sergeant Pete Stanley
Officer Kaitlyn Baker
Detective Cheri Galli
Sergeant Marty Williams
Officer Matthew Collier
Sean Gallagher
Quintin Payne
David Flesland
Officer Jason Ryan
Officer Daniel Fitzmaurice
CSO Scott Anderson
Julie Anderson
Marco Villar
New Hope Tires Plus
New Hope Autozone
Officer Miguel Robles and K9 Kody
Lifesaving Commendations
Amanda McDonald
Star Pin Acknowledgement
Officer Kaitlyn Baker
Officer Britni Austin
Officer Chris Cazin
Officer Jason Ryan
Special Recognition
New Hope Police Explorers
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.
BUSINESS LICENSE
Item 6.1
Approval of business license.
FINANCIAL CLAIMS
Item 6.2
Approval of financial claims through January 27, 2020.
RESOLUTION 2020-15
Item 6.4
Resolution appointing election judges for Presidential Nomination Primary on
March 3, 2020.
New Hope City Council January 27, 2020
Page 3
RESOLUTION 2020-16
Item 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).
RESOLUTION 2020-17
Item 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).
Council Member London asked whether Wold Architects had responded to his
inquiry regarding whether the city received a credit for the battery back-up power
source for the elevator. City Manager McDonald indicated staff would follow -up
on the matter.
MOTION
Consent Items
Motion was made by Council Member Frazier, seconded by Council Member
Hoffe, to approve the Consent items. All present voted in favor. Motion carried.
CONDITIONAL USE
PERMIT FOR
MICRODISTILLERY
AT 7530 42ND AVE N
Item 8.1
Mayor Hemken introduced for discussion Item 8.1, Resolution approving
Conditional Use Permit for microdistillery with cocktail room at 7530 42nd Avenue
North (New Hope Planning Case 20-04).
Mr. Jeff Alger, community development specialist, explained the conditional use
permit is 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.
Mr. Alger reviewed the state and federal license requirements. He also reviewed
property maintenance issues, delivery and traffic flow, and the zoning code
criteria. He stated if the CUP is approved, the applicant will submit an application
for a liquor license/background investigation.
Mr. Alan Davis and Ms. Amy Hotchkiss, petitioners, were recognized. Mr. Davis
explained their intent to manufacture gin, vodka and rum. He noted the
restrictions on the quantity available for off-sale. Regarding entertainment, he
stated although there are no current plans, it may be possible to occasionally allow
a small acoustic band to provide music.
Council Member London inquired if the city had any discussions with the property
owner on current code violations. Mr. Alger stated staff is working with the owner
to address the issues.
RESOLUTION 2020-18
Item 8.1
Council Member London introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR
MICRODISTILLERY WITH COCKTAIL ROOM AT 7530 42ND AVENUE
NORTH (NEW HOPE PLANNING CASE 20-04).” The motion for the adoption
of the foregoing resolution was seconded by Council Member Hoffe, and upon
New Hope City Council January 27, 2020
Page 4
vote being taken thereon, the following voted in favor thereof: Hemken, Frazier,
Hoffe, London; and the following voted against the same: None; Abstained: None;
Absent: Elder; whereupon the resolution was declared duly passed and adopted,
signed by the mayor which was attested to by the city clerk.
ORDINANCE NO.
20-04
Item 10.1
Mayor Hemken introduced for discussion Item 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).
Mr. Jeff Alger, community development specialist, stated the ordinance
amendment will 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. He stated this section of the code was not amended in 2017 when the
state legalized off-sale Sunday liquor sales, and the amendment will make the code
consistent for all liquor businesses in the city.
Council Member London inquired whether the city’s limit on off-sale licenses
applies for the microdistillery’s off-sale license.
Ms. Valerie Leone, city clerk, stated the microdistillery off -sale license does not
apply as it is a different license type than a retail off-sale intoxicating liquor license.
ORDINANCE NO.
20-04
Item 10.1
Council Member London introduced the following ordinance and summary
ordinance and moved its adoption: “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).” The motion for the adoption of the foregoing resolution was seconded by
Council Member Frazier, and upon vote being taken thereon, the following voted
in favor thereof: Hemken, Frazier, Hoffe, London; and the following voted against
the same: None; Abstained: None; Absent: Elder; whereupon the resolution was
declared duly passed and adopted, signed by the mayor which was attested to by
the city clerk.
ORDINANCE NOS.
20-01 AND 20-03,
ZONING DISTRICTS
Item 10.2
Mayor Hemken introduced for discussion Item 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.
Mr. Brandon Bell, community development assistant, stated 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
New Hope City Council January 27, 2020
Page 5
on publication costs. Mr. Bell stated last fall Council directed staff to review the
city’s industrial zoning code to ensure it was accommodating the changing need s
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. He stated self-storage facilities would only be
allowed in B-W zoning district and would require a CUP. IN order for a business
to open a self-storage facility in the industrial district, rezoning would be required.
He reviewed the permitted uses and conditional uses in the B-W district. Mr. Bell
reviewed the eight self-storage properties that are impacted and were all notified
of the rezoning change. He stated a public hearing was held at the Planning
Commission’s meeting on January 7, 2020, and the Planning Commission supports
the change. Mr. Bell stated the planner has indicated it is not necessary to amend
the Comprehensive Plan.
Council Member London thanked staff and the planning commission for the
amendment. He noted the loss of jobs when a business in the industrial district is
transformed into a self-storage facility.
ORDINANCE NOS.
20-01 AND 20-03
Item 10.2
Council Member London introduced the following ordinances and summary
ordinances and moved their adoption: “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.” The motion for the adoption of the foregoing
resolution was seconded by Council Member Frazier, and upon vote being taken
thereon, the following voted in favor thereof: Hemken, Frazier, Hoffe, London; and
the following voted against the same: None; Abstained: None; Absent: Elder;
whereupon the resolution was declared duly passed and adopted , signed by the
mayor which was attested to by the city clerk.
ORDINANCE NO.
20-02, RIGHT-OF-WAY
MANAGEMENT
Item 10.3
Mayor Hemken introduced for discussion Item 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.
Mr. Brandon Bell, community development assistant, stated 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.
New Hope City Council January 27, 2020
Page 6
Council Member London asked who would be responsible for repairs if damage is
done to a property during a street project. Mr. Bell noted the city is not liable for
damage to items placed in the right-of-way.
Mr. Jeff Sargent, director of community development, explained the need of the
city’s right-of-way and easements to house utilities, but stated the property owner
is responsible for the upkeep such as snow and grass removal.
ORDINANCE NO.
20-02
Item 10.3
Council Member Frazier introduced the following ordinance and moved its
adoption: “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 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, Frazier, Hoffe, London; and the
following voted against the same: None; Abstained: None; Absent: Elder;
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
London, 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 8:13 p.m.
Respectfully submitted,
Valerie Leone, City Clerk