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05 11 20 City Council MinutesNew Hope City Council May 11, 2020 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes May 11, 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 Pledge was not recited since the meeting was not held in the council chambers. 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 Jeff Alger, Community Development Specialist Tim Fournier, Director of Police Beth Kramer, Communications Coordinator 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 April 27, 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. FINANCIAL CLAIMS Item 6.2 Approval of financial claims through May 11, 2020. MOTION Item 6.4 Motion waiving permit fees for temporary signs and tent for Can Do Canines Can Do Woofaroo walk and fundraising event on September 12, 2020. New Hope City Council May 11, 2020 Page 2 RESOLUTION 2020-54 Item 6.5 Resolution proclaiming May 25, 2020, as National Missing and Exploited Children Day in the city of New Hope. RESOLUTION 2020-55 Item 6.6 Resolution proclaiming May 10-16, 2020, as National Police Week in the city of New Hope. MOTION Consent Items Motion was made by Council Member Elder, seconded by Council Member Hoffe, to approve the Consent items. All present voted in favor. Motion carried. PUBLIC HEARING POCKET SQUARE COCKTAIL LOUNGE MICRODISTILLERY COCKTAIL ROOM ON-SALE LICENSE Item 7.1 Mayor Hemken introduced for discussion Item 7.1, Motion approving a microdistillery cocktail room on-sale license to A Davis Distillery LLC dba Pocket Square Cocktail Lounge at 7530 42nd Avenue North. Mr. Kirk McDonald, city manager, explained that A Davis Distillery LLC was granted a conditional use permit for a microdistillery with cocktail room at 7530 42nd Avenue North on January 27, 2020 (Planning Case 20 -04). He noted the applicant has applied for various state and fed eral permits required for operation of a microdistillery. There are three city-issued licenses required for the microdistillery cocktail room (on-sale, off-sale, and Sunday on-sale). The fees would be pro-rated for a mid-year license. Mr. McDonald stated the applicants completed the necessary paperwork for the liquor license and paid a $500 background investigation fee. The background investigation was conducted by Detective Tony Loser. Det. Loser found nothing detrimental in the background investigation which would prohibit issuance of the license. After allowing for public comment, if Council desires to approve the license, a motion should be made to close the hearing followed by another motion to grant the licenses. If Council supports the license approval, paperwork will be submitted to the state requesting license approval effective June 1, 2020. He stated the applicants (Alan Davis and Amy Hotchkiss) are available for questions. Mayor Hemken inquired whether the applicant intends to utilize the outdoor seating. Council Member London inquired of the department of health and CDC’s recommendations relating to microdistilleries. Mr. Alan Davis stated he is excited to open the business in New Hope. He noted in light of COVID-19 that social distancing will take place. Mr. Amy Hotchkiss stated the outdoor area will be used and tables will be spaced to accommodate social distancing of patrons. Ms. Hotchkiss stated the microdistillery is not classified as a restaurant but a common sense approach will be used for social distancing and customer safety. Mayor opened the floor to comments. There were no members of the public desirous of speaking during the public hearing. CLOSE HEARING Item 7.1 Motion was made by Council Member Elder, seconded by Council Member Hoffe, to close the public hearing. All present voted in favor. Motion carried. New Hope City Council May 11, 2020 Page 3 MOTION Item 7.1 Motion was made by Elder, seconded by Council Member Frazier, approving a microdistillery cocktail room on-sale license to A Davis Distillery LLC dba Pocket Square Cocktail Lounge at 7530 42nd Avenue North . Voted in favor thereof: Hemken, Elder, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: None. Motion carried. COOPER ATHLETIC STADIUM CUP PLANNING CASE 19-04 Item 8.1 Mayor Hemken introduced for discussion Item 8.1, Resolution approving permanent amendment to Conditional Use Permit to expand use of outdoor athletic stadium for property at 8230 47th Avenue North as set forth in Resolution No. 2019-60 (New Hope Planning Case 19-04). Mr. Jeff Alger, community development specialist, explained on May 13, 2019, the City Council approved a request for an amendment to a CUP issued to allow for the expanded use of the outdoor athletic stadium at Cooper High School, 8230 47th Avenue North, subject to a one-year trial period. The approval specified that a public hearing to review the expanded use would be scheduled one-year after implementation. The trial period was intended to give the school, city, and residents an opportunity to evaluate how changes affected the neighborhood and evaluate the effectiveness of trash removal plan. The amendment to the CUP allowed youth and adults (from inside and outside of the community) to access and utilize the athletic stadium by implementing the following changes: 1. Eliminating requirement that at least 50% of audience in attendance at events must reside within the Robbinsdale Area School District. 2. Eliminating requirement for groups and organizations that at least 50% of participants reside within the Robbinsdale Area School District. 3. Eliminating requirement limiting use of stadium to youth. Such changes allowed use of the stadium and concession stand for “non -district athletic use” and “non-athletic community events.” Rental of the stadium was subject to the following requirements: 1. Renters are limited in participation to the number of parking stalls located in the parking lot on school property south of the athletic stadium. 2. Renters are required to place a deposit for litter removal. The school - employed site supervisor is responsible for collecting the deposit and checking the grounds after each rental to ensure proper cleanup. 3. All events must conclude by 9:00 p.m. 4. Use of the public address system is l imited to four times per year. It may only be used on Saturdays between June 1 and August 15, between 1:00 p.m. and 6:00 p.m. 5. Renters are not be allowed to use stadium lights. He noted these requirements only applied to renters and did not preclude the school from continuing to use the stadium lights and public address system for school-sponsored events such as football, soccer, lacrosse, etc. The CUP amendment also allowed the city to host one “Movies in the Park” event at the stadium each year and to utilize the city’s audio system for such events. New Hope City Council May 11, 2020 Page 4 Throughout the application review process, residents expressed concerns relating to the public address system, trash, lighting, traffic, and the elimination of restrictions on users. The applicant and City Council made efforts to mitigate some of these concerns by restricting the use of the public address system, developing a trash removal plan, and prohibiting the use of stadium lights by renters. The one - year trial basis was intended to give the school, city, and residents an opportunity to evaluate how the changes affected the neighborhood as well as the effectiveness of the trash removal plan. Mr. Alger stated property owners within 500 feet of Cooper High School were mailed a public hearing notice. He shared the feedback received and stated a couple of neighbors felt the one-year trial was not a true test because of the limited number of events. Another resident suggested the district post every event on the school’s website including contact information. He reported Robbinsdale Area Schools is working to implement a system that will satisfy condition 12 from Resolution 2019-60, which states, “Petitioner shall list a telephone number and e-mail address on the Cooper High School website and the Independent School District #281 where a school employee can be reached at any time, including weekends, for reporting of problems with the use of the stadium by City residents.” Residents with concerns about events are encouraged to contact the school district by email at chs_grounds@rdale.org or by calling 763-504-8533. This contact information can be found on Cooper High School’s website by clicking on “Contact Us” below the “Quick Links” header. The email address and phone number are listed below the “Cooper Facilities & Grounds” header. The school district’s website also features a “Let’s Talk” link that community members can use to voice questions or concerns. Mr. Alger stated the assistant city attorney has prepared a resolution making the 2019 CUP amendments permanent. This eliminates the one-year provision and allows for the expanded use of the outdoor athletic stadium at Cooper High School permanently. He stated at the mayor’s request a second resolution was prepared that extends the trial period for two years. He stated after conducting the public hearing the Council should determine the best course of action and adopt the preferred resolution. He stated representatives of the school district are available for questions. Council discussed the fact that only two events were held during the trial period. Council Member Elder noted the school district did not fulfil its obligation to provide real time contact information during events. He supported the two -year extension of the trial period which will allow the school district to prove to the neighborhood that it will meet all of the conditions. Council Members London and Frazier indicated there may not be a need for an extension as the city can revoke a CUP if the school district violates the conditions. Ms. Kristine Wehrkamp and Mr. John Oelfke of Robbinsdale Area Schools responded to inquiries. Ms. Wehrkamp stated the school is complying with the Governor’s order for the pandemic and is not allowing any events. Mr. Oelfke New Hope City Council May 11, 2020 Page 5 explained the school’s new website will display event and contact information. He also reported the supervisor in charge of the stadium event will have a cell phone to address any calls during an event. Ms. Stacy Woods, city attorney, confirmed that the city has the authority to revoke a CUP if violations take place. Mr. Jeff Sargent, community development director, pointed out that revocation of the CUP would require staff to track potential complaints and determine whether situations warranted revocation. He expressed support for the extension of the trial period to learn how the school district responds to any complaints from residents. Mayor Hemken opened the floor to comments from the audience. There were no members of the public desirous of speaking during the public hearing. CLOSE HEARING Item 8.1 Motion was made by Council Member Elder, seconded by Council Member Hoffe, to close the public hearing. All present voted in favor. Motion carried. RESOLUTION 2020-56 Item 8.1 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION APPROVING ADDITIONAL TWO-YEAR EXTENSION TO TRIAL PERIOD FOR AMENDMENT TO CONDITIONAL USE PERMIT TO EXPAND USE OF OUTDOOR ATHLETIC STADIUM FOR PROPERTY AT 8230 47TH AVENUE NORTH AS SET FORTH IN RESOLUTION NO. 2019-60 (NEW HOPE PLANNING CASE 19-04).” 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 7:56 p.m. Respectfully submitted, Valerie Leone, City Clerk