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03-20-07A regular meeting of the Hopkins City Council was held on March 20, 2007, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Youakim, Thompson, Rowan, and Halverson. Also, present were staff members Getschow, Genellie, Stadler, Anderson, and City Attorney Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:35 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. REPORTS -COMMITTEES/COMMISSIONS There were none. IV. CONSENT AGENDA 1 . Minutes of March 6, 2007 City Council Meeting 2. Minutes of March 6, 2006 City Council Work Session 3. Minutes of March 13, 2007 City Council Work Session 4. Approve Cooperative Agreement with 9 Mile Creek Watershed and Engineering Services Agreement with WSB City Project 2006-05 (CR2007-032) 5. Second Reading of Ordinance 2007-984, Electric Franchise Ordinance (Memo) In resporwse to Council Member Youakim's question, Public Works Director Steve Stadler stated that he negotiated with Xcel and that they didn't want the change he requested, but that he was satisfied with the final result. Mr. Stadler reviewed the highlights of the Cooperative Agreement with 9 Mile Creek Watershed District. Council Member Rowan moved and Council Member Halverson seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. March 20, 2007, City Council Meeting Minutes Page 1 V. NEW BUSINESS 1 . Approve the Preliminary Plat for the Marketplace & Main Development (CR2007-029) Last March a preliminary Plat and site plan was approved for the Cornerstone Group on the former Hopkins Honda site. The development plans included condos, town homes, and retail. The preliminary plat expires six months after approval. The Beard Group is purchasing the site, and as part of the purchase agreement, the preliminary plat needs to be approved. The applicant will have to have the final plat approved before any construction can begin. The plat is in conformance with the zoning ordinances and with the Comprehensive Plan. The Zoning and Planning Commission recommended approval. Council Member Thompson moved and Council Member Youakim seconded a motion to adopt Resolution 2007-019, approving a preliminary plat for the Marketplace & Main Development. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Moratorium Ordinance (CR2007-030) The City has been faced with issues concerning the appropriate zoning and location for tobacco sales. In order to provide an opportunity for the City Council to fully examine these issues, it is necessary to impose a moratorium on the issuance of certain licenses. The moratorium gives the Council the opportunity to objectively study these issues without the constraint of having to consider pending license applications. Without the moratorium, the Council could be faced with the need to act on a license application during the study process. The moratorium will not affect current license renewals. The moratorium is set to expire in one year. Jerry Steiner, City Attorney, reviewed the changes to the ordinance that were placed on the Council table before the meeting from the ordinance that they received in their packets. Council Members discussed the amount of time for the study, what the study is expected to accomplish, getting input from those who will be affected by changes to the ordinance as well as "Reduce the Use" and the School District, and the Zoning and Planning Commission. They also discussed possible outcomes, the existing licenses and how they will be affected, the requirement of grandfathering existing license locations, and whether or not to allow new licenses in the event of the sale of an existing licensed business. The Council agreed that locations that currently held licenses should not be prevented from selling their business because of the moratorium and that the length of the moratorium should be 180 days. March 20, 2007, City Council Meeting Minutes Page 2 Yousef Abumayaleh and Ahmed Wahbi came forward to give comments about the moratorium. City Attorney, Jerry Steiner said that before the second reading of the ordinance, he will make changes to reflect the Council's wishes. Council Member Thompson moved and Council Member Halverson seconded a motion to approve Ordinance 2007-988, establishing a moratorium on the issuance of any new licenses for the sale of tobacco with the changes as stated by City Attorney, Jerry Steiner. A poll of the vote was as follows: Council Member Youakim, nay; Council Member Thompson, aye; Council Member Rowan, nay; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried. 3. Deny the Application for a License to Sell Tobacco, Back Door Tobacco, 1023 Mainstreet (CR2007-031) Back Door Tobacco, currently located at 813 Mainstreet, has applied for a license to sell tobacco products at 1023 Mainstreet. The owners are currently leasing space at 813 Mainstreet and wish to move the business to the 1023 Mainstreet location. This is a new license. Because of the moratorium, staff is recommending denial. The resolution that was placed on the Council Table before the meeting, Resolution 2007-021, would have a two-fold purpose. The first would be to freeze action on any applications to sell tobacco and tobacco products between this day and the day when the moratorium ordinance would become effective. The second would be to deny the application for Back Door Tobacco. City Attorney Steiner stated that the language of the resolution would be changed to reflect the change to the moratorium ordinance. Yousef Abumayaleh and Ahmed Wahbi came forward to comment on the application. City Council Members agreed to separate the two actions and would vote on the application first. Council Member Rowan moved and Council Member Youakim seconded a motion to approve the application for Back Door Tobacco. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, nay; Council Member Rowan, aye; Council Member Halverson, nay; Mayor Maxwell, nay. The motion failed. Staff stated that if the intention of the Council was to deny the license, the action would be to approve the resolution. March 20, 2007, City Council Meeting Minutes Page 3 Council Member Rowan moved and Council Member Youakim seconded a motion adopt Resolution 2007-021 with the changes stated by City Attorney Steiner. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. ADJOURNMENT There being no further business, Council Member Halverson moved and Council Member Thompson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:25 p.m. Respectfully Submitted, Terry Obermaier, City Clerk ATTEST: Eu ne .Maxwell, Mayor March 20, 2007, City Council Meeting Minutes Page 4