Loading...
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