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Minutes of the May 21 Council MeetingA regular meeting of the Hopkins City Council was held on May 21, 2013, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell, Council Members Cummings, Gadd, Halverson and Youakim. Also, present were staff members Bradford, Elverum, Genellie, Luedke, Morrison, Reynolds, Stadler and City Attorney Wynn Curtiss. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:02 p.m. II. PRESENTATION Gretchen Monahan received the "Excellence in Service" award from the Professional Law Enforcement Assistants Association (PLEAA) on May 2nd at their annual conference in Brainerd Chief Reynolds read Gretchen Monahan's nomination and congratulated her on the award. Mayor Maxwell thanked Ms. Monahan for her service to the Hopkins community. III. CONSENT AGENDA 1. Minutes of the May 7, 2013 Council Meeting 2. Minutes of the May 7, 2013 Work Session Following the Council Meeting 3. Minutes of the May 14, 2013 Work Session 4. Approve Temporary Liquor License for St. Gabriel the Archangel Church's Festival; (CR 2013- 044) 5. Metropolitan Council Tax Base Revitalization Account Grant, Sub -Recipient Agreement for Lutheran Digest Site; (CR 2013-045) 6. Hennepin County Environmental. Response Fund Grant, Sub -Recipient Agreement for Lutheran Digest Site; (CR 2013-046) 7. Department of Employment and Economic Development Contamination Clean-up Grant. Sub - Recipient Agreement for Former Lutheran Digest Site; (CR 2013-047) 8. Adopt Resolution 2013-027, Approving Quitclaim Deed; (CR 2013-050) Mayor Maxwell commented that Consent Agenda items # 4, 5 and 6 are grants relating to the new Gallery Flats apartments being constructed. Council Member Youakim moved and Council Member Halverson seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously. IV. NEW BUSINESS Adopt Resolution 2013-025, Adopting Legislative Policy 8-I, Complete Streets Policy; (CR 2013-048) Mr. Bradford gave an overview of the Complete Streets Policy. The Complete Streets Policy incorporates the City of Hopkins' belief that streets and roadways should be designed and operated to be safe and accessible for all transportation users whether they are pedestrians, bicyclists, transit riders or vehicular motorists. Mr. Bradford gave an overview of the benefits of safe, functional and attractive transportation corridors, consideration of all transportation users in the early planning and designing process and the implementation strategies. There was Council discussion regarding the sidewalk project included in complete streets and exemptions to the policy. Mr. Bradford gave examples where the Public Works Director, City Engineer, and City Planner would jointly determine the construction of a complete street would not be practical. Council Member Youakim moved and Council Member Gadd seconded a motion to adopt Resolution 2013-025, Resolution Adopting Legislative Policy 8-I, Complete Streets Policy. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously. V. PRESENTATION Swearing in Cadet Officer, Edgar Gallegos Chief Reynolds recognized Edgar Gallegos as the new Cadet Officer for the Hopkins Police Department. Mr. Genellie issued the oath and Chief Reynolds pinned Cadet Gallegos's badge. Mayor Maxwell called for a recess at 7:19 pm to allow time for members of the presentation to arrive. Council Member Halverson moved and Council Member Youakim seconded a motion to recess. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The meeting resumed 7:32 pm. VI. HEARING 1. Hearing Revocation of Massage Business License; (CR 2013-042) Ms. Luedke gave an overview of the violation of Hopkins Ordinance 1185 by the Wonderland Asian Massage. The Hopkins Police report indicates that more people were working as massage therapists at Wonderland Asian Massage than are licensed to do so by the City of Hopkins. There was much Council discussion regarding documentation of massage therapist certification, Police Department background checks prior to licensing, only one of the three massage therapists were licensed by the City of Hopkins, business owners being responsible for knowing the rules and regulations, massage ordinance being very specific, types of licensing agencies, massage therapist certification, accountability of businesses and that the recommendation of city staff and police department is to revoke the licenses. Ms. Luedke clarified for Council the business owner and massage therapist names. Mr. A. L. Brown, Attorney -At -Law, representing Ms. Yu and the establishment addressed Council. Mr. Brown did not contest the infraction. Due to the economic burden of the business lease, no evidence of improper activity and being this is the client's first offense in Hopkins, Mr. Brown asked that Council consider a penalty less than full revocation. Mr. Brown stated that he also represented his client's in Eagan where the issue of a similar infraction was dismissed. Mr. Brown stated that his client's misunderstood their licensing obligations and have hired an attorney in order to comply with the licensing requirements so the business can continue. Mr. Brown stated that there was no evidence of illicit behavior and that he will advise his client's not to advertise in publications, such as the "Back Pages." 2 Mr. Curtiss, City Attorney, advised Council regarding massage therapist certification vs. licensing. Mr. Curtiss discussed the submission of qualification documents, business advertising, license revocation vs. voluntary withdrawal of the license and Ms. Yu's ability to understand the hearing without the need for an interpreter. Mr. Brown stated that he had no concerns about his client's ability to understand the hearing. Council consensus is that it is the responsibility of the business owner to understand the Hopkins licensing, ordinances and requirements when operating a business. Council consensus is to revoke the license. Mr. Curtiss discussed the option for the license holders to withdraw or terminate their license rather than Council revoking the license. Mr. Curtiss advised Council regarding two separate motions, the timetable of the suspension and that the suspension can be extended until June 4`h unless another agreement with the license holder is reached prior to that. Mayor Maxwell called for a recess at 8:11 pm so Mr. Brown could meet privately with his clients. Council Member Youakim moved and Council Member Halverson seconded a motion to recess. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The meeting resumed 8:20 pm. Mr. Brown addressed Council stating that his clients would agree to change the business name, not advertise in the "Back Pages" and pay a fine instead of a full revocation of their license. The Council consensus is still to revoke the license therefore Mr. Brown would like to extend the hearing in order to advise his clients regarding their decision and will submit it to Council in writing in 7 days. Mr. Curtiss advised the Council on the resolution to continue the license revocation hearing until June 4 and to maintain existing license suspension until that time. Mr. Curtiss advised council on the 14 -day public notice and that tonight's hearing cannot be cancelled and that action needs to be taken this evening. Mr. Brown asked that Council table the vote rather than continue the hearing. Council Member Youakim moves to continue the hearing until the June 4th meeting upon the condition that both suspensions stay in place until that time. Mr. Brown would like two separate motions because Ms. Yu deserves to be heard on the Massage Therapist License revocation. Mr. Curtiss advised Council to not take action on the first motion and conduct the hearing on Ms. Yu. Council Member Youakim withdrew the motion. Mayor Maxwell tabled the first hearing until after next hearing. 2. Hearing Revocation of Massage Therapist License; (CR 2013-043) Ms. Luedke gave an overview of the massage therapist license revocation violation. The violation involves the hiring of individuals to perform massages at Wonderland Asian Massage without the individuals having the required Hopkins massage therapy license. There was much Council discussion regarding the police report, Ms. Yu's license application received by the city and that the hiring of the two unlicensed massage therapists is in violation of the ordinance. Mr. Curtiss advised Council regarding the two separate resolutions. 3 Massage Business License revocation: Council Member Youakim moved and Council Member Halverson seconded a motion to continue the hearing until the June 4th meeting upon the condition that the business suspension stays in place until that time. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously. Massage Therapist License revocation: Council Member Youakim moved and Council Member Gadd seconded a motion to continue the hearing until the June 4th meeting upon the condition that the current suspension stays in place until that time. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. NEW BUSINESS Approve License Agreement for Private Driveway at 105 Harrison Ave South Mr. Bradford gave an overview of the license agreement for an alley on east side of Harrison Ave S to be used as a private driveway. The property developer, Mr. Peter Knaeble, reviewed the revisions and alternatives that have been explored to the plan since meetings with the neighbors, Blake School, Xcel Energy and city staff. Mr. Knaeble gave an overview of the proposed driveway plan, remodel of the existing house and construction of two new homes. Mr. Bradford addressed Council regarding conditions to the agreement which include no parking signs and that construction costs are responsibility of the property owner at 105 Harrison Ave South. There was much discussion by Council regarding driveway gradation, alley alignment, set back, amount of public owned property, maintaining a buffer area, drainage, Blake School gate, snow removal and privacy fencing. Mr. Bradford and Mr. Knaeble addressed the Council regarding the use of the public alley right of way for access to the garage of 105 Harrison Ave S, benefit of the city not having to maintain a dead-end alley, replacing appropriate screening, drainage and that the property owner is responsible for construction and maintenance costs of the driveway. Randi Carlson, 1185 Arbor Street, Orono, representing the property owner at 101 Harrison Ave. S. came forward to address Council regarding requested changes to the licensed driveway agreement and requesting that Council deny the license driveway agreement. There was much Council discussion regarding the length of the fence, tree survival, privacy fence meets zoning requirements, Blake School parking, driveway width, future use of public alleyway, City Forester to look at the two trees and that the city retains the property rights. Mr. Knaeble and Mr. Bradford addressed the Council regarding the site plan changes, tree impact, driveway gradation & location and that the public right of way is designed to give access to private property. Mr. Marc Bogursky, Blake School Director of Business & Finance, came forward and addressed Council regarding concern of a private driveway being built on a public alleyway, screening between Blake School & neighborhood, parking concerns, drainage and the opportunity to review any changes to the agreement. rd There was Council discussion regarding possible future use of the public right of way, Blake School gate and neighborhood screening. Mr. Knaeble and Mr. Bradford addressed the drainage concerns, impact to existing trees, neighborhood screening and that the driveway length & turn -around that will minimize cars backing out of driveway. Randi Carlson, 1185 Arbor Street, Orono, came forward to address the Council regarding driveway gradation, lot lines and alternative development strategies. Mr. Bradford recommended to Council the approval of the license agreement with the following conditions: 9 foot driveway width, 6 foot privacy fence as shown on site plan, City Forester to inspect the trees and extra landscaping buffer. Mr. Curtiss advised the Council on the license agreement and conditions. Council Member Cummings moved and Council Member Gadd seconded a motion to adopt Resolution 2013-026, Resolution Approving License and Use Agreement with the additional conditions as noted. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. ANNOUNCEMENTS 1. No meeting next Tuesday. 2. Adult Graduation at the Center for the Arts on June 4th at 7:00 pm 3. Next meeting is June 4th at 7:30 pm (note change of time) 4. Congratulations to Don Bates on his recognition at Downtown Park on May 18 5. SWLRT Operations Maintenance Facility Open House on Wednesday, May 22, 4:30-7 pm at Hopkins Center for the Arts. 6. Artstreet installations are complete and residents are encouraged to vote for favorite art piece. IX. ADJOURNMENT There being no further business, Council Member Halverson moved and Council Member Youakim seconded a motion to adjourn the meeting. The meeting was adjourned at 10:05 p.m. Respectfully Submitted, Debbie Vold COUNCIL MEMBERS ATTEST: Eugene J. Maxwell, Mayor