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City Council

Regular Meeting

Hopkins, MN · June 15, 2021

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Minutes

HOPKINS CITY COUNCIL REGULAR MEETING PROCEEDINGS JUNE 15, 2021 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Hopkins City Council was held on Tuesday, June 15, 2021 at 7: 00 p. m. in the Council Chambers at City Hall, 1010 1st Street South. Mayor Gadd called the meeting to order with Council Members Beck, Brausen, Halverson andHunke attending. Others attending included City Manager Mornson, Assistant City Manager Lenz, City Clerk Domeier, Management Analyst Imihy, City Attorney Riggs, City Planner Lindahl, Director of Public Works Stadler, Director of Planning and Development Elverum and Finance Director Bishop. Mayor Gadd expressed his appreciation for the Flag Day activities sponsored by the Hopkins Elks Lodge and Hopkins American Legion. ADOPT AGENDA Motion by Brausen. Second by Hunke. Motion to Adopt the Agenda. Ayes: All. Nays: None. Motion carried. PRESENTATIONS 111. 1. Proclamation Commemorating Juneteenth; Imihy Management Analyst Imihy provided more information about the proclamation and introduced Jessica Winnie to the City Council. Ms. Winnie provided information about the Juneteenth Jubilee" event. 111. 2. Raspberry Festival Presentation; Lou Jean Gleason Lou Jean Gleason with the festival committee provided an update on the events. 111. 3. Approval of Appointments and Reappointments to City Boards and Commission; Lenz/ Domeier Assistant City Manager Lenz provided a summary of City Council Report 2021- 059 including an update that Paul Saliterman is unable to serve on the Planning & Zoning Commission. The City Council has reviewed the applications from residents interested in filling the vacancies on the Park Board, Planning and Zoning Commission and Charter Commission. The City Council conducted interviews on May 18 and June 1. Motion by Brausen. Second by Halverson. Motion to Reappoint Nathan White and Maggie Sedoff to the Planning & Zoning Commission for a two- year term ending June 30, 2023; Appoint Whitney Terrill to the Planning & Zoning Commission for a one- year term ending June 30, 2022; Reappoint Megan Slindee to the Park Board for a two- year term ending June 30, 2023; Appoint Dre Jefferson to the Park Board for a one- year term ending June 30, 2022; Appoint Matt Miller, Kimberly Stiele and Emily Waltz to the Park Board for a two- year term ending June 30, 2023; Recommend to the Judge appointment of Carol Dunn, Andrew Fischer, James Folk, Jim Genellie, Kristen Hanneman, Butch Johnson, Scott Kerssen, Christa Meland, Diana Ringuette and James Shirley to the Charter Commission for a four- year terms ending in 2025; Appoint Misheel Battur and Annika Burman for one- year terms as Park Board Youth Members ending June 30, 2022; and Appoint Alexander DiPaolo and Keymora Searles for one- year terms as Planning and Zoning Commission Youth Members ending June 30, 2022. Ayes: All. Nays: None. Motion carried. City Clerk Domeier issued the Oaths of Office to the new members. Alexander DiPaolo will take the oath at a later date. CONSENT AGENDA Motion by Brausen. Second by Hunke. Motion to Approve the Consent Agenda. 1. Minutes of the May 18, 2021 City Council Special Meeting Proceedings 2. Minutes of the June 1, 2021 City Council Special Meeting Proceedings 3. Minutes of the June 1, 2021 City Council Regular Meeting Proceedings 4. Minutes of the June 8, 2021 City Council Work Session Proceedings 5. Approval of Temporary Liquor for JCI Hopkins; Domeier 6. Approval of Temporary Liquor License for Hopkins American Legion Post 320; Domeier 7. Second Reading of Ordinance 2021- 1170; Lindahl/ Domeier Ayes: All. Nays: None. Motion carried. NEW BUSINESS VII. 1. Resolution Approving an On Sale Wine and 3. 2% Malt Liquor License for Nah Trang Beach, Inc. dba Cam Ranh Bay; Domeier City Clerk Domeier provided a summary of City Council Report 2021- 062. Hai Paul Truong Day Phan with Nah Trang Beach, Inc. has applied for an on sale wine and 3. 2% malt liquor sales at Cam Ranh Bay located at 712 Mainstreet. The licensed premise includes the leased interior space at 712 Mainstreet and outdoor seating in front of the leased space for up to 8 tables. Council Member Halverson confirmed that the liquor license being issued was the same licensed issued to the previous owner. City Clerk Domeier replied yes and provided information on the requirements for wine and beer licenses. Motion by Halverson. Second by Brausen. Motion to grant an On Sale Wine Malt Liquor License to Nah Trang and 3. 2% Beach, Inc. dba Cam Ranh Bay by adopting Resolution 2021- 033. Ayes: All. Nays: None. Motion carried. VII. 2. 2020 Audit and Comprehensive Annual Financial Report; Bishop Chris Knopik, Principal and Lance Lauinger of CliftonLarsonAllen, LLC presented the results of the Audit based on draft financial statements. Council Member Beck questioned the positive operating outcome but negative cash flow in the water fund operations. Mr. Knopik stated that due to interfund activity as part of operations it caused the cash flow to be negative this year. ANNOUNCEMENTS Mayor Gadd provided the upcoming meeting schedule. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Brausen, second by Hunke, the meeting was unanimously adjourned at 8: 06 p. m. Respectfully Submitted, Amy Domeier, City Clerk ATTEST: on Gadd, Mayor ajOgWe/VA Amy Domeier, City Clerk

Agenda

HOPKINS CITY COUNCIL AGENDA Tuesday, June 15, 2021 7:00 pm THIS AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF THE CITY COUNCIL MEETING I. CALL TO ORDER II. ADOPT AGENDA III. PRESENTATIONS 1. Proclamation Commemorating Juneteenth; Imihy 2. Raspberry Festival Presentation; LouJean Gleason 3. Approval of Appointments and Reappointments to City Boards and Commission; Lenz/Domeier IV. CONSENT AGENDA 1. Minutes of the May 18, 2021 City Council Special Meeting Proceedings 2. Minutes of the June 1, 2021 City Council Special Meeting Proceedings 3. Minutes of the June 1, 2021 City Council Regular Meeting Proceedings 4. Minutes of the June 8, 2021 City Council Work Session Proceedings 5. Approval of Temporary Liquor for JCI Hopkins; Domeier 6. Approval of Temporary Liquor License for Hopkins American Legion Post 320; Domeier 7. Second Reading of Ordinance 2021-1170; Lindahl/Domeier V. PUBLIC HEARING VI. OLD BUSINESS VII. NEW BUSINESS 1. Resolution Approving an On Sale Wine and 3.2% Malt Liquor License for Nah Trang Beach, Inc. dba Cam Ranh Bay; Domeier 2. 2020 Audit and Comprehensive Annual Financial Report; Bishop VIII. PUBLIC COMMENT IX. ANNOUNCEMENTS  City Council Special Meeting: Thursday, June 17 at 5:30 p.m.  City Hall is closed on Monday, July 5  Next City Council Work Session: Tuesday, July 13 at 6:30 p.m.  Next Regular City Council Meeting: Tuesday, July 20 at 7:00 p.m. X. ADJOURN Administration CITY OF HOPKINS Memorandum To: Honorable Mayor and Council Members Mike Mornson, City Manager From: PeggySue Imihy, Management Analyst Date: June 15, 2021 Subject: Proclamation Commemorating Juneteenth _____________________________________________________________________ Background On January 1, 1863 the emancipation proclamation was signed by Abraham Lincoln abolishing slavery in the United States, however this news did not make it to many parts of the south and southwest for another two and a half years. The first known celebration of this news occurred in Galveston, Texas following the arrival of the Union Army on June 19, 1865 and has been celebrated by African Americans for the last 150 years. The holiday has is also known as Freedom Day, Jubilee Day or Emancipation Day and is continued to be celebrated throughout the country. In Hopkins, local entrepreneur Jessica Winnie and her business Minnesota Black Box, has organized the “Juneteenth Jubilee” which will be held at the Hopkins Center for the Arts and will be an opportunity to celebrate the holiday through creating a space to heal, build and support local Black owned businesses. Ms. Winnie will attend the meeting on June 15, 2021 to receive the proclamation and share about the Juneteenth event. Next Steps Staff recommends that the City Council adopt a proclamation recognizing June 19, 2021 as Juneteenth. A Proclamation Commemorating Juneteenth WHEREAS, The United States of America is a nation founded on the principles of liberty and justice for all, and the Civil War was fought to ensure that freedom would be shared by all; and WHEREAS, On January 1, 1863, Abraham Lincoln signed the Emancipation Proclamation, which abolished slavery; and WHEREAS, word about the signing of the Emancipation Proclamation was delayed two- and one-half years in reaching authorities and African Americans in the South and Southwestern United States; and WHEREAS, this news of freedom reached Galveston, Texas on June 19, 1865 and is the site of the first celebration of Juneteenth; and WHEREAS, June 19th has a special meaning to African-Americans, and is called JUNETEENTH, combining the words June and Nineteenth, and has been celebrated by the African-American community for over 150 years; and WHEREAS, the City Council of the City of Hopkins recognizes “Juneteenth Jubilee” hosted by Minnesota Black Box, held on June 19, 2021 at the Hopkins Center for the Arts, which celebrates this holiday through the promotion of local, Black-owned, businesses. NOW THEREFORE, I, Jason Gadd, Mayor of the City of Hopkins in the State of Minnesota, along with my fellow Council Members, recognize, adopt and proclaim this Proclamation to urge all residents to become more aware of the significance of this celebration in African-American History and in the heritage of our nation and City. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Hopkins, Minnesota to be affixed this 15th day of June in the year 2021. __________________________________________ Jason Gadd, Mayor City Manager CITY OF HOPKINS Memorandum To: Honorable Mayor and Council Members From: Mike Mornson, City Manager Date: June 15, 2021 Subject: Raspberry Festival Presentation _____________________________________________________________________ The Raspberry Festival will take place July 14-18, 2021. Lou Jean Gleason with the festival committee will be attending the meeting to provide an update on the events. Event information is available at www.raspberrycapital.com. June 15, 2021 Council Report 2021-059 Approval of Appointments and Reappointments to City Boards and Commissions Proposed Action. Staff recommends adoption of the following motion: Motion to: • Reappoint Nathan White and Maggie Sedoff to the Planning & Zoning Commission for a two-year term ending June 30, 2023. • Appoint Whitney Terrill to the Planning & Zoning Commission for a one-year term ending June 30, 2022. • Appoint Paul Saliterman to the Planning & Zoning Commission for a two-year term ending June 30, 2023. • Reappoint Megan Slindee to the Park Board for a two-year term ending June 30, 2023. • Appoint Dre Jefferson to the Park Board for a one-year term ending June 30, 2022. • Appoint Matt Miller, Kim Stiele and Emily Waitz to the Park Board for a two-year term ending June 30, 2023. • Recommend to the Judge appointment of Carol Dunn, Andrew Fischer, James Folk, Jim Genellie, Kristen Hanneman, Butch Johnson, Scott Kerssen, Christa Meland, Diana Ringuette and James Shirley to the Charter Commission for a four-year terms ending in 2025. • Appoint Misheel Battur and Annika Burman for one-year terms as Park Board Youth Members ending June 30, 2022. • Appoint Alexander DiPaolo and Keymora Searles for one-year terms as Planning and Zoning Commission Youth Members ending June 30, 2022. The City Clerk will issue the oaths to the new members after the motion is made. Overview: The City Council has reviewed the applications from residents interested in filling the vacancies on the Park Board, Planning and Zoning Commission and Charter Commission. The City Council conducted interviews on May 18 and June 1. Based upon the recommendation of the City Council, staff is requesting approval of the above-motions. Primary Issues to Consider:  City Code establishes that the appointments shall be made by the Mayor with the approval of the City Council. Supporting Information:  N/A Amy Domeier, City Clerk HOPKINS CITY COUNCIL SPECIAL MEETING PROCEEDINGS MAY 18, 2021 CALL TO ORDER Pursuant to due call and notice thereof a special meeting of the Hopkins City Council was held on Tuesday, May 18, 2021 at 4:30 p.m. in the Involve Conference Room at City Hall, 1010 1st Street South. The purpose of the special meeting was to interview candidates for the Planning Commission. ADJOURNMENT There being no further information to come before the City Council the meeting was unanimously adjourned at 6:00 p.m. Respectfully Submitted, Amy Domeier, City Clerk ATTEST: _____________________________ Jason Gadd, Mayor _____________________________ Amy Domeier, City Clerk HOPKINS CITY COUNCIL SPECIAL MEETING PROCEEDINGS JUNE 1, 2021 CALL TO ORDER Pursuant to due call and notice thereof a special meeting of the Hopkins City Council was held on Tuesday, June 1, 2021 at 4:50 p.m. in the Involve Conference Room at City Hall, 1010 1st Street South. The purpose of the special meeting was to interview candidates for the Park Board. The City Council recommended that the following appointments and reappointments be considered on June 15: • Reappoint Nathan White and Maggie Sedoff to the Planning & Zoning Commission for a two-year term ending June 30, 2023; • Appoint Whitney Terrill to the Planning & Zoning Commission for a one-year term ending June 30, 2022; • Appoint Paul Saliterman to the Planning & Zoning Commission for a two-year term ending June 30, 2023; • Reappoint Megan Slindee to the Park Board for a two-year term ending June 30, 2023. • Appoint Dre Jefferson to the Park Board for a one-year term ending June 30, 2022. • Appoint Matt Miller, Kim Stiele and Emily Waitz to the Park Board for a two-year term ending June 30, 2023. • Recommend appointment of Carol Dunn, Andrew Fischer, James Folk, Jim Genellie, Kristen Hanneman, Butch Johnson, Scott Kerssen, Christa Meland, Diana Ringuette and James Shirley to the Charter Commission. ADJOURNMENT There being no further information to come before the City Council the meeting was unanimously adjourned at 6:50 p.m. Respectfully Submitted, Amy Domeier, City Clerk ATTEST: _____________________________ Jason Gadd, Mayor _____________________________ Amy Domeier, City Clerk HOPKINS CITY COUNCIL REGULAR MEETING PROCEEDINGS JUNE 1, 2021 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Hopkins City Council was held on Tuesday, June 1, 2021 at 7:05 p.m. in the Council Chambers at City Hall, 1010 1st Street South. Mayor Gadd called the meeting to order with Council Members Beck, Brausen, Halverson and Hunke attending. Others attending included City Manager Mornson, Assistant City Manager Lenz, Director of Planning and Development Elverum, City Clerk Domeier and City Attorney Riggs. Mayor Gadd provided information on the meeting format and other opening remarks. ADOPT AGENDA Motion by Brausen. Second by Hunke. Motion to Adopt the Agenda. Ayes: All. Nays: None. Motion carried. CONSENT AGENDA City Clerk Domeier provided an update on the liquor and business license renewals, on- sale liquor license renewal fees and liquor compliance training. Motion by Beck. Second by Halverson. Motion to Approve the Consent Agenda. 1. Minutes of the May 18, 2021 City Council Regular Meeting Proceedings 2. Approval of Business and Liquor License Renewals for the term of July 1, 2021 through June 30, 2022; Domeier 3. Approve Assessment of Private Water Line Repairs; Bishop 4. Ratify Checks Issued in May, 2021; Bishop Ayes: All. Nays: None. Motion carried. NEW BUSINESS VII.1. Zoning Ordinance Text Amendment First Reading – Massage Uses; Lindahl Director of Planning and Development Elverum and City Clerk Domeier provided a summary of Council Report 2021-058. The draft ordinance amends the City Code related to massage therapy uses. Staff did indicate that a request to allow for massage therapy to start at 7 a.m. was received. HOPKINS CITY COUNCIL REGULAR MEETING PROCEEDINGS JUNE 1, 2021 The City Council supported allowing massage therapy to begin at 7 a.m. seven days a week. The change will be reflected in the ordinance for the second reading. A resolution approving the new fees will also be included. Motion by Hunke. Second by Beck. Motion to adopt Resolution 2021-031, approving first reading of Ordinance 2021- 1170 Amending the Hopkins City Code Chapters 10 and 102 and Appendix A regarding massage therapy including the change of hours from 7 a.m. to 8 p.m. Ayes: All. Nays: None. Motion carried. ANNOUNCEMENTS City Manager Mornson stated that a City Council Special Meeting will be held on Thursday, June 17 at 5:30 p.m. in the Council Chambers. The purpose of the special meeting is to have a joint session with the Minnehaha Creek Watershed district to interview three developers interested in the 325 Blake Road property. Mayor Gadd provided the upcoming meeting schedule. ADJOURNMENT There being no further information to come before the City Council and upon a motion by Brausen, second by Halverson, the meeting was unanimously adjourned at 7:18 p.m. Respectfully Submitted, Amy Domeier, City Clerk ATTEST: _____________________________ Jason Gadd, Mayor _____________________________ Amy Domeier, City Clerk HOPKINS CITY COUNCIL WORK SESSION PROCEEDINGS JUNE 8, 2021 CALL TO ORDER Pursuant to due call and notice thereof a work session of the Hopkins City Council was held on Tuesday, June 8, 2021 at 6:30 p.m. in the Council Chambers at City Hall, 1010 1st Street South. Mayor Gadd called the meeting to order with Council Members Beck, Brausen, Halverson and Hunke attending. Others attending included City Manager Mornson, Assistant City Manager Lenz, Director of Planning and Development Elverum, Management Analyst Imihy, City Clerk Domeier, Community Development Coordinator Youngquist, City Planner Lindahl and Director of Public Works Stadler. Sustainability Update; Imihy Management Analyst Imihy presented current and past sustainability initiatives and accomplishments across departments by summarizing the staff memo provided in the meeting packet. Discussion and feedback was provided to staff during the presentation. Public Works Director Stadler provided more information about the costs of installing and purchasing electric vehicle charging stations. City Council discussion the benefit of having more charging stations in the future and possible grant options for purchasing charging stations. City Planner Lindahl talked about the charging station requirements being added to the zoning code. Director of Planning and Development Elverum provided more information about MinnPACE. Discussion was held about the financing of the program that is currently for commercial properties but may be extended to residential properties. The City Council supported all of the sustainability options presented and their main priorities were renewable energy, energy efficiency, and land use and development. Council Member Beck requested that transportation be discussed in the future to include electronic scooters and bikes. Council Member Brausen highlighted the importance of ground cover with land use and development. Mayor Gadd requested that environmental justice be considered when evaluating decisions through the race equity lens. Council Member Hunke talked about how land use and development work will lead to all sustainability options being included in projects. Council Member Halverson supported more discussions about fleet and maintenance as vehicles and equipment will be changing. The City Council requested that community education and programming be considered with sustainability efforts. Discussion was held about the funding of the sustainability initiatives. The City Council supported finding the balance between new initiatives, ROI, private investments with redevelopment and development, benefits to the community and options for the Park Board going forward. Ms. Imihy stated the next steps going forward include the Zoning Code update, creating a sustainability work plan, and budgeting for sustainability work. HOPKINS CITY COUNCIL WORK SESSION PROCEEDINGS JUNE 8, 2021 Ms. Elverum and Mr. Lindahl provided information about opportunities for sustainability regulations in the zoning code update. Council Member Hunke supported attaining steps four and five in the GreenSteps program. He also wanted more information on the Partners in Energy program with Xcel Energy. Assistant City Manager Lenz stated that staff will being researching different programs and initiatives available. Staff will determine staff and financial capacity to use in developing a sustainability work plan. Mr. Hunke requested that more communication about sustainability in Hopkins be added to the website. He also questioned why the City is no longer part of the Tree City USA program. City Manager Mornson talked about the amount of staff time that was needed to complete the GreenSteps program. The City is now positioned with staff to continue the initiative. He asked Council Members to send their ideas and potential initiatives to staff going forward. Development Update; Elverum Director of Planning and Development Elverum provided an update on current and pending developments. City Planner Lindahl also included a zoning code update. OTHER Mayor Gadd provided the upcoming meeting schedule including the City Council special meeting on June 17 at 5:30 p.m. for the 325 Blake Road project. City Manager Mornson provided more information about upcoming agenda items. ADJOURNMENT There being no further information to come before the City Council and upon a motion by Brausen, second by Hunke, the meeting was unanimously adjourned at 8:01 p.m. Respectfully Submitted, Amy Domeier, City Clerk ATTEST: _____________________________ Jason Gadd, Mayor _____________________________ Amy Domeier, City Clerk March 5, 2019 Council Report 2019-020 Approval of Temporary On-Sale Liquor License for JCI Hopkins Proposed Action Staff recommends adoption of the following motion: Approve the Issuance of a Temporary On- Sale Liquor Licenses to JCI Hopkins. Passage of this motion will result in the ability of the organization to serve alcoholic beverages at Hopkins Raspberry Festival Street Dances. Overview JCI Hopkins has submitted an application for a temporary on-sale liquor license at the Raspberry Festival Street Dance events. The events will take place on July 19 from 8 p.m. to 1 a.m. and July 20 from 12 p.m. to 1 a.m. Two uniformed officers will be present during the time that alcohol sales are permitted. The applicant is required to follow all other regulations set forth in Policy 4-C Temporary Liquor Licenses and Policy 5-D Special Event Policy, specifically Section 5.22. Temporary on-sale liquor licenses must be approved by the State of Minnesota, Alcohol & Gambling Enforcement Division. . Primary Issues to Consider  What measures will be taken to assure that persons under the age of 21 will not have access to alcohol? (See attached policy)  The applicant meets the requirements set forth by State Statute to obtain a temporary on-sale liquor license. A liquor liability policy naming the City of Hopkins as an additional insured has been submitted.  As required by State Statute, the application must be approved the City before submitting to the State of Minnesota, Alcohol & Gambling Enforcement Division. Supporting Documents  Copy of Policy 4-C Temporary Liquor License  Copy of Policy 5-D Special Events Policy  Complete application and certificate of insurance are on file in the City Clerk’s office. Amy Domeier, City Clerk Financial Impact: $_______ Budgeted: Y/N ____ Source: ________________ Related Documents (CIP, ERP, etc.): ______________________________________ Notes: ______________________________________________________________ Policy 4-C Temporary LIQUOR License 1. PURPOSE 1.01 The Hopkins City Council recognizes that the issuance of temporary liquor license may result in events which disturb surrounding businesses and residents and also may provide an opportunity for underage drinking. The City Council believes that by creating a set of rules and regulations in regard to the issuance of these licenses, problems can be avoided and the responsible consumption of liquor or 3.2 beer can be encouraged. 2. REGULATIONS 2.01 A temporary liquor license will be issued on a per event basis, each event not lasting more than three days. 2.02 Sales may only be conducted between the hours of 12:00 p.m. and 12:00 a.m. 2.03 A separate license is required for each location where liquor or beer is sold. 2.04 Application for a temporary liquor license must be received at least five weeks prior to the event. 2.05 Applicants for a temporary liquor license must be an organization whose principal location or office is within the City of Hopkins, has been located in Hopkins for at least two years, and has at least 30 active members. 2.06 Sales and/or consumption of liquor or beer will only take place in enclosed building or a fenced area. 2.07 Individuals under the age of 21 will not be allowed in any designated area where liquor or beer is sold or consumed, except if accompanied by a parent or guardian. 2.08 All organizations which have a temporary liquor license must use the following method for checking identification to ensure that underage individuals do not purchase liquor or beer: Anyone wishing to purchase beer must have a either a driver's license, or a Minnesota ID with their picture. Individuals with the proper ID will have their hand stamped so that the actual sellers of the liquor or beer will not have to check IDs. If the event exceeds one day, a different color of ink must be used on subsequent days. 2.09 No temporary liquor license shall be issued in conjunction with a youth activity.1 2.10 The number of temporary liquor licenses issued in conjunction with all public events2 during any calendar year will be limited to twelve (12). 2.11 The City Council reserves the right to deny any liquor license at its sole discretion. 2.12 The applicant for any temporary liquor license will provide the City Clerk with a certificate of insurance showing $1,000,000 of liquor liability coverage and showing the City as con-insured. Established: 3/19/96 Revised: 4/1/2008 1A "youth activity" is an activity that is designed primarily for individuals under the age of 18 or the majority of the participants are under the age of 18. 2A "Public event" means an event where the public is invited or permitted to attend. POLICY 5-D SPECIAL EVENTS POLICY 1. PURPOSE 1.01 The purpose of this policy is to set forth procedures to be followed by organizers of Special Events who wish to use city property and/or require city services. Any organization wishing to sponsor or hold a Special Event in the City of Hopkins will be required to complete the Special Event Permit Application. The City will conduct a complete review of any Special Event Permit Application and inform the applicant if the event is allowed. Special Events are defined as any parade, race, procession, carnival, community picnic, celebration, fundraiser, dance, concert, large assembly, or other special event on City property within the corporate limits of the City of Hopkins. 2. CITY SERVICES PROVIDED FOR SPECIAL EVENTS 2.01 Pre-Approved Activities: Pre-Approved Activities are special events for which the City provides some basic services without charge. Pre-Approved Activities include: a. St. Patrick's Day Parade b. Raspberry Festival Parade and Family Day c. Old Fashioned Holiday d. Mainstreet Days e. Farmer's Market f. National Night Out 2.02 Other Events: Approval of the following events is at the sole discretion of the City of Hopkins. Events must be determined to be in the general interest of the public. Events must also not require excessive staff support from the City. Approval of an event does not require the City to approve similar events or even the repeat of the same event. Each event will be reviewed separately. 2.03 Co-Sponsored Events: The City may co-sponsor certain events with other organizations, when the City Council determines that the event is in the general interest to the public and advances the City’s public image. The City will provide financial support to these events as determined in the annual budget appropriation. These events must meet the other requirements of the Special Event Policy and must reimburse the City for any City costs in excess of the support level authorized by the budget appropriation. Approval of an event does not require the City to approve similar events or even the repeat of the same event. Each event will be reviewed separately. 2.04 Other Non-Profit Events: The City may provide up to $300.00 in City labor costs and related fringe benefit costs, and use of City equipment to assist Special Events operated by non-profit organizations. These events must meet the requirements of the Special Event Policy and must reimburse the City for any costs in excess of this support level. Groups filing an application as a Non-Profit Event must be able to submit a current IRS 501C3 Statement. Approval of an event does not require the City to approve similar events or even the repeat of the same event. Each event will be reviewed separately. 2.05 Other For-Profit Events: The City may allow other Special Events operated by for-profit sponsors that are beneficial to the City and the public. These events are subject to an additional use charge for the use of the public property. In addition, these events must pay 100% of all City costs related to the event. These events must meet the other requirements of the Special Event Policy and must reimburse the City for any City costs in addition to the payment of the established permit rate. The minimum additional use charge shall be $250.00 per day. Approval of an event does not require the City to approve similar events or even the repeat of the same event. Each event will be reviewed separately. 3. FEES FOR SPECIAL EVENTS 3.01 Hourly Rate shall be the hourly cost for any employee working on a Special Event as established by City Administration. Please note that these rates are reviewed/adjusted annually. Please refer to Attachment A to confirm rates. The Hourly Rate shall include expenses related to the employee including fringe benefits. 3.02 Purchased or Rental Materials shall include all direct costs for all materials purchased or rented by the City of Hopkins for use at the event. 3.03 Equipment Charges shall be the current equipment usage rates as established by the City of Hopkins. 3.04 A Replacement Cost will be billed for missing and/or damaged equipment and supplies. 4. BILLINGS FOR SPECIAL EVENTS 4.01 Special Event billing by the City shall be itemized by the employee time of Public Works, Police and Fire; any purchased or rented materials; equipment charges; and any replacement costs for missing or damaged equipment/supplies. 4.02 If approved, event sponsors who have previously hosted the same event in the year prior AND paid their bill in a timely manner will be extended the courtesy of paying all City fees after their event is completed and billed for the current year. 4.03 If approved, new events or events that are repeating annually and did NOT pay their bill in a timely manner must submit either a cash deposit, check with payment of 75% of estimated expenses be used as a deposit to be credited against the final payment. Deposit fees must be paid not less than 30 days prior to the newly scheduled event. 5. REGULATIONS AND PROCEDURES 5.01 Any person or organization wishing to sponsor a Special Event must obtain a Special Event Permit not less than 45 days before the special event. 5.02 Applications for a permit for a Special Event will be available at the City Clerk's office, and if approved, shall become a part of the permit. Incomplete applications will be returned. 5.03 The permit fee shall accompany the application. 5.04 Special Events which are not sponsored by the City or deemed Pre-Approved may require a deposit of not less than $200 or as determined by the City Manager. 5.05 The cash deposit will be calculated based on the anticipated and potential cost to the City of Hopkins, and shall be submitted no less than thirty (30) days before the special event. 5.06 The return of the deposit is conditioned upon the applicant having not requested nor received services which are a cost to the City of Hopkins and the applicant causing no damage to the public or private property in the City of Hopkins, and further conditioned upon the fact that the applicant will remove all dirt, paper, litter, or other debris generated by its operations, from the site of the event and the adjoining premises upon completion of the event. 5.07 Issuance of a Special Event Permit does not constitute a waiver of any Federal, State or Local laws. Applicants are responsible for complying with all applicable Federal, State, and Local laws. 5.08 Issuance of a Special Event Permit does not, in any way, imply City sponsorship of the Special Event. 5.09 Traffic Control Measures: Applicant is required to pay all costs for traffic control measures and traffic control personnel. 5.10 Traffic Barricades: The applicant shall through a bona fide contractor provide, install and remove all the equipment as stipulated by the Public Works Department. The installation and removal of barricades by Hopkins Public Works Department is subject to the Hourly Rates listed in Attachment A. 5.11 Notice to Property Owners: The applicant may be required to provide a 30-day notice to all property owners about a Special Event as stipulated by the City Clerk or designee. For events at the 8 th Avenue Artery, the City Clerk will provide the applicant with a list of property owners to notify. 5.12 Insurance: Applicant must provide the City with a Certificate of Insurance showing proof of general liability insurance, automobile liability insurance (if applicable) and liquor liability insurance (if applicable) meeting the following minimum requirements:  Applicant shall procure and maintain for the duration of the event commercial general liability insurance or equivalent special event coverages protecting it from claims for damages for bodily injury and property damage which may arise from or in connection with the event’s operation and use of the City’s property in the minimum amount of $1,000,000 per occurrence.  If automobiles will be used during the event, Applicant shall provide automobile liability insurance with a minimum combined single limit of $1,000,000 per occurrence. Coverage shall include liability for owned, non-owned and hired automobiles.  If alcohol will be sold or served, Applicant must have liquor liability (dram shop) insurance in the minimum amount of $1,000,000 per occurrence.  The City shall be endorsed as an additional insured on all liability policies. Applicant’s insurance shall be primary.  The City reserves the right to modify these insurance requirements depending on the nature and scope of the event. 5.13 Claims: Applicant agrees to defend and hold the City harmless from claims, demands, actions or causes of actions, of any nature of character, arising out of, or by reason of conduct of the event authorized by such premise extension, including attorney fees and all expenses. 5.14. Damages: Applicant will indemnify the City for all damages that may result to City property as a result of an event. 5.15 Supervision: Applicant will maintain adult supervision of the event at all times. Applicant will provide security as stipulated by the Chief of Police or designee. Security will be billed at the Hourly Rate outlined in Attachment A. 5.16 Clean-up: Applicant will, at no cost to the City, immediately clean up, remove and dispose of all litter or material of any kind, which is placed or left on the street because of the event. If the Applicant neglects or fails to proceed with clean up within a two-hour period immediately following the end of the event, or if the cleanup is done in an inadequate manner, the Director of Public Works or designee is authorized to cleanup and charge Applicant for clean-up at the Hourly Rate shown in Attachment A. 5.17 Trash Disposal: Applicant will provide plans for trash disposal including the company contracted for trash disposal as part of the Special Event Permit Application. 5,18 Restrooms. Applicant will provide plans for providing restrooms including the company contracted for supplying restrooms as part of the Special Event Permit Application. 5.19 Use of City Utilities: The Applicant will not use City utilities for any event unless permission has been granted by the Director of Public Works or designee. The electrical circuits in the Central Business District have a limited amperage capacity. Applicant will provide plans for events on the 8th Avenue Artery where the use of City utilities for events will be permitted. 5.20 Food Permits. The Applicant shall obtain a Minnesota Department of Health food license and shall comply at all times with the applicable health codes and regulations. Proof of license shall be provided to the City Clerk at least seven days before the event and kept on site for immediate inspection. 5.21 Mobile Food Units. The applicant shall obtain a Mobile Food Unit license from the City Clerk and shall comply with all conditions outlined in Legislative Policy 5-J Mobile Food Units. For units parked at the 8 th Avenue Artery, all food sales must locate in the defined space. 5.22 Alcoholic Beverages on Public Property. The Applicant is required to follow the procedures listed in Legislative Policy 5-K Alcohol/Security/Conduct Policy at City Facilities. All of the below stipulations are inclusive of interior and exterior areas of any special events:  Fencing surrounding the defined area for the service of alcoholic beverages will be secured to establish the outdoor event area. All liquor sales and containers used for consumption must remain in the defined space.  There should be controlled access to the event with event security personnel to identify and wrist band those of legal age to consume. The gate/emergency exit of the fenced area will need to be continuously staffed to prevent patrons from leaving with alcoholic beverages.  Events are “21 and over” after 9 p.m. when alcohol is being served.  All alcohol service will cease at 10 p.m. All patrons must exit the defined space by 10:30 p.m.  Event security will assist the Police Department in clearing the event at closing time. The closing time should be prominently displayed throughout so there is no confusion at the end of the evening when patrons are asked to leave.  For events, applicants will be required to hire uniformed police officers to supplement their security staff as required by the Police Department. Monitoring of those consuming alcohol will be done by event coordinators and the Hopkins Police Officers who have been hired to assist with the oversight of the event. 5.23 Outdoor Music. No outdoor music or amplified sound is allowed during the hours of 10 p.m. and 7 a.m. The Police Chief or designee has the ability to direct the event manager to control the level of noise and/or terminate the event at any time. Any plans for outdoor music or amplified sound must be described in the Special Event Permit Application. 5.24 Outdoor Tents. Applications must be submitted for any tent permits exceeding 200 square feet. Erection of tents, canopies, or similar structures is allowed; however, the applicant cannot drive stakes, nails, screws, posts, or otherwise disturb either paved or unpaved surfaces within the right of way to secure such features. 5.25 Variances. The applicant shall provide in writing the condition or conditions that are requested to be modified, the modification that is request, and the factors that the City Manager or designee should consider when determining the modification. Variance requests must be submitted with the Special Event Permit application. Approval of a variance does not require the City to approve similar variances or even the repeat of the same event. Each variance will be reviewed separately. 5.26 Termination: The applicant may terminate this agreement at will by giving 14 days written notice to the City. If less than 24 hours’ notice is given to cancel an event that required contracted work, staff will be compensated for a 2-hour minimum charge. City staff has the authority to cancel or stop an event, or place additional restrictions on the event, if it is deemed that the public health, safety or welfare would be better served with additional restrictions. 5.27 City staff may place any additional requirements on any event. These requirements may include specific staff levels for Police, Fire, Public Works or other personnel. Expenses will be billed to the sponsoring organization under the terms of this policy. Established: 5/19/88 Revised: 11/16/93 Revised: 01/19/16 Revised: 03/06/18 City of Hopkins ATTACHMENT A SPECIAL EVENT FEE SCHEDULE FOR SERVCIES (this fee schedule may be reviewed and updated annually by the City Administration) Public Works Personnel Cost Per Hour (Minimum 3 hours per employee call-in)  General Laborer $36 regular time; $54 OT  Supervisor $64 Police Department Personnel Cost Per Hour  Police Officer $78.71 Fire Department Personnel Cost Per Hour  Firefighter $15.53 Vehicles Cost Per Hour  Garbage truck $90  Pick Up truck $35  Dump truck $90  Boom truck $90  Fire truck $250 June 15, 2021 Council Report 2021-061 Approval of Temporary Liquor License for Hopkins American Legion Post 320 Proposed Action Staff recommends adoption of the following motion: Approve the Issuance of a Temporary On-Sale Liquor Licenses to Hopkins American Legion Post 320. Passage of this motion will result in the ability of the organization to serve alcoholic beverages at their Raspberry Festival events on July 15-18, 2021. Overview Hopkins American Legion Post 320 (the “Legion”) has submitted an application for a temporary on-sale liquor license for their Raspberry Festival events. The liquor service will be limited to parking lot/front patio July 15 through 18 from 8 a.m. to midnight. Temporary on-sale liquor licenses must be approved by the State of Minnesota, Alcohol & Gambling Enforcement Division. The Legion’s personnel will provide security to identify and wrist band or hand stamp those of legal age to consume alcohol and monitor the entrances to ensure that alcohol is not taken out of the designated areas. The Legion is required to follow all other regulations set forth in Policy 4-C Temporary Liquor License. The Hopkins Police Department has no objection to the issuance of a temporary liquor license to the Legion, subject to the regulations outlined in Policy 4-C. Primary Issues to Consider  What measures will be taken to assure that persons under the age of 21 will not have access to alcohol? (See attached policy)  The applicant meets the requirements set forth by State Statute to obtain a temporary on-sale liquor license. A liquor liability policy naming the City of Hopkins as an additional insured has been submitted.  As required by State Statute, the application must be approved by the City before submitting to the State of Minnesota, Alcohol & Gambling Enforcement Division. Supporting Documents  Copy of Policy 4-C Temporary Liquor License  Complete application and certificate of insurance are on file in the City Clerk’s office. Amy Domeier, City Clerk Financial Impact: $_______ Budgeted: Y/N ____ Source: ________________ Related Documents (CIP, ERP, etc.): ______________________________________ Notes: ______________________________________________________________ Policy 4-C Temporary Liquor License 1. PURPOSE 1.01 The Hopkins City Council recognizes that the issuance of temporary liquor license may result in events which disturb surrounding businesses and residents and also may provide an opportunity for underage drinking. The City Council believes that by creating a set of rules and regulations in regard to the issuance of these licenses, problems can be avoided and the responsible consumption of liquor or 3.2 beer can be encouraged. 2. REGULATIONS 2.01 A temporary liquor license will be issued on a per event basis, each event not lasting more than three days. 2.02 Sales may only be conducted between the hours of 12:00 p.m. and 12:00 a.m. 2.03 A separate license is required for each location where liquor or beer is sold. 2.04 Application for a temporary liquor license must be received at least five weeks prior to the event. 2.05 Applicants for a temporary liquor license must be an organization whose principal location or office is within the City of Hopkins, has been located in Hopkins for at least two years, and has at least 30 active members. 2.06 Sales and/or consumption of liquor or beer will only take place in enclosed building or a fenced area. 2.07 Individuals under the age of 21 will not be allowed in any designated area where liquor or beer is sold or consumed, except if accompanied by a parent or guardian. 2.08 All organizations which have a temporary liquor license must use the following method for checking identification to ensure that underage individuals do not purchase liquor or beer: Anyone wishing to purchase beer must have a either a driver's license, or a Minnesota ID with their picture. Individuals with the proper ID will have their hand stamped so that the actual sellers of the liquor or beer will not have to check IDs. If the event exceeds one day, a different color of ink must be used on subsequent days. 2.09 No temporary liquor license shall be issued in conjunction with a youth activity.1 2.10 The number of temporary liquor licenses issued in conjunction with all public events2 during any calendar year will be limited to twelve (12). 2.11 The City Council reserves the right to deny any liquor license at its sole discretion. 2.12 The applicant for any temporary liquor license will provide the City Clerk with a certificate of insurance showing $1,000,000 of liquor liability coverage and showing the City as con-insured. Established: 3/19/96 Revised: 4/1/2008 1A "youth activity" is an activity that is designed primarily for individuals under the age of 18 or the majority of the participants are under the age of 18. 2A "Public event" means an event where the public is invited or permitted to attend. MEMO To: Honorable Mayor and City Council From: Jason Lindahl, City Planner Amy Domeier, City Clerk Date: June 15, 2021 Subject: Second reading of Ordinance 2021-1170 amending the City Code related to massage therapy and authorizing its publication Proposed Action – Staff recommends the City Council approve the following motions: • Move to approve the Second Reading of Ordinance 2021-1170 Amending the Hopkins City Code Chapters 10 and 102 and Appendix A Regarding Massage Therapy. • Move to adopt Resolution 2021-047 Authorizing Publication of Ordinance 2021-047 Related to Massage Therapy by Title and Summary. Overview This item was initiated through a request from the City Council to amend the City Code related to Massage Therapy uses. The City Council adopted a motion to approve the first reading of this item on June 1, 2021. Prior to that action by the City Council, the Planning & Zoning Commission held a public hearing and recommended the City Council approve this item on May 25, 2021. The version of the ordinance before the City Council for the second reading is essentially the same as approved during the first reading except that staff has revised the ordinance as directed by the City Council to allow massage therapy establishments to operate from 7:00 Am to 8:00 PM Daily. The ordinance approved for the first reading limited hours of operation to be from 9:00 AM to 8:00 PM Daily. Should the City Council approve the second reading of this ordinance, it will make the following changes and take effect upon publication scheduled for June 24, 2021. • Definitions. Update the definition of “Massage Therapy Establishment” to include one or more massage therapists providing services to the public. • Maximum Number of Licenses. No more than four establishments in the city. • Transfers. Language allowing nonconforming businesses to relocate to allowed zones. • Signs. Exterior signs shall be required to include more than just the word “massage.” • Hours of Operation. Hours of operation limited to 7:00 a.m. to 8:00 p.m. daily. • Zoning. Permitted use in the B-2, Central Business and B-3, General Business Districts. • License Fee. Update fees to cover background checks and administration time. Attachments • Resolution 2020-047 • Ordinance 2020-1170 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-047 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 2021-1170 REGARDING MASSAGE THERAPY BY TITLE AND SUMMARY WHEREAS, the city council of the city of Hopkins has adopted Ordinance 2021-1170, An Ordinance Amending Chapters 10 and 102 and Appendix A of the Hopkins City Code Regarding Massage Therapy (the “Ordinance”); and WHEREAS, the Ordinance is more than three pages long and, pursuant to section 3.03 of the Hopkins City Charter and Minn. Stat. § 412.191, subd. 4, lengthy ordinances can be published by title and summary; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the Ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Hopkins, that the city clerk shall cause the following summary of Ordinance 2021-1170 to be published in the official newspaper in lieu of the entire ordinance: ORDINANCE AMENDING CHAPTERS 10 AND 102 AND APPENDIX A OF THE HOPKINS CITY CODE REGARDING MASSAGE THERAPY The city council of the city of Hopkins has adopted Ordinance 2021-1170, An Ordinance Amending Chapters 10 and 102 and Appendix A of the Hopkins City Code Regarding Massage Therapy. The ordinance amends the city’s business licensing requirements for massage therapy establishments and massage therapists by (i) redefining the term massage therapy establishment to exclude businesses that utilize massage therapy as secondary to a different primary business; (ii) limiting the number of massage therapy establishment licenses that may be issued in the city to four; (iii) authorizing massage therapy establishment licenses to be transferred to other locations in the city if otherwise consistent with city zoning requirements; (iv) prohibiting massage therapy establishments from displaying signage that just says “massage”; and (v) limiting the hours of operation for massage therapy establishments to between 7:00 a.m. and 8:00 p.m. daily. The ordinance also amends the city’s zoning regulations to only allow massage therapy establishments in the city’s B-2 and B-3 zoning districts, and further establishes updated licensing and investigation fees for massage therapist and massage therapy establishment licenses, which are located in Appendix A of the city code. The full text of Ordinance 2021-1170 is available for inspection at Hopkins City Hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the city of Hopkins that the city clerk keep a copy of the ordinance at city hall for public inspection and that a full copy of the ordinance be placed in a public location within the city. Adopted by the city council of the city of Hopkins, Minnesota, this 15th day of June, 2021. HP145-1-726123.v1 By: ______________________________ Jason Gadd, Mayor ATTEST: _________________________________ Amy Domeier, City Clerk HP145-1-726123.v1 CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2021-1170 ORDINANCE AMENDING CHAPTERS 10 AND 102 AND APPENDIX A OF THE HOPKINS CITY CODE REGARDING MASSAGE THERAPY THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: SECTION 1. Hopkins City Code, Part II, Chapter 10, Article XVII, Section 10-606 is hereby amended by adding the double-underlined language and deleting the stricken language as follows: Massage therapy establishment means any establishment wherein two one or more massage therapists provide massage therapy or therapeutic massage to the public, as the primary business. other than aA hospital, sanatorium, rest home, nursing home, boarding home, medical doctor's office, chiropractor's office, or other institution licensed under the provisions of M.S.A. §§ 144.50 through 144.69 shall not be considered a massage therapy establishment. SECTION 2. Hopkins City Code, Part II, Chapter 10, Article XVII, Section 10-607 is hereby amended by adding the double-underlined language and deleting the stricken language as follows: Sec. 10-607. - License required; limitation on number of massage therapy establishment licenses. (a) It shall be unlawful for any person to practice as a massage therapist or operate a massage therapy establishment in the city without first obtaining a license to do so. However, no license is required for any massage therapist working for or as an employee of a medical professional licensed under M.S.A. chs. 147 or 148. In addition, no license is required under this article for a person licensed by the state board of medical practices when said person provides proof of licensure to the city clerk. (b) The license will be effective for one year and run from July 1 through June 30 of the license year. (c) No more than four massage therapy establishment licenses may be issued in the city. SECTION 3. Hopkins City Code, Part II, Chapter 10, Article XVII, Section 10-611 is hereby amended to add the double-underlined language and delete the stricken language as follows: Sec. 10-611. – Renewal; transfers. Applications for renewal shall be submitted at least 60 days prior to the end of the license year on forms provided by the City Clerk. All licenses issued under this section shall be valid only for the person to whom the license was issued and no transfer of any license to another person shall be valid. A duly issued massage therapy establishment license may be transferred to another location 1 HP145-1-708772.v3 in the city so long as massage therapy establishments are an allowed use in the proposed location under the city’s zoning regulations. SECTION 4. Hopkins City Code, Part II, Chapter 10, Article XVII, Section 10-618 is hereby amended by adding the double-underlined language and deleting the stricken language as follows: Sec. 10-618. - Inspection by city officials; minimum requirements. (a) During any hours in which a licensee is performing massage therapy treatments, the area where the service is being performed shall be open to inspection by city inspectors and police officers. (b) Each licensed massage therapist therapy establishment shall be responsible for adhering to the following minimum requirements for the health and safety of all patrons: (1) The massage tables shall have a washable surface. (2) The massage tables shall be covered with a disposable paper cover or with a sheet that is washable. (3) A clean paper cover or washable sheet must be used for each patron and the massage therapists must have enough clean covers on hand to accommodate the number of patrons scheduled on one day. (4) Used washable covers shall be placed in covered containers until they are washed. (5) Used paper covers shall be placed in covered waste containers. (6) Lotions used in the treatments shall be stored in covered containers. (7) The massage therapists shall wash his their hands with soap and warm water immediately before beginning a treatment on each patron and use paper towels for hand wiping. Paper towels must be stored in a covered container. (8) Bathroom facilities shall be made available to patrons. Paper towels, which shall be stored in covered containers, shall be provided for hand drying. (9) Bathrooms shall be kept in clean repair. (10) The floor shall be kept free of dust and debris. (11) No food or drink shall be allowed in the treatment areas. (12) Implements used directly on the skin shall be cleaned and sanitized after use on each patron. Such implements shall be stored in closed containers with a dry sanitizer. (13) In addition to any requirements contained in the city’s sign regulations, any exterior sign advertising the presence of an on-site massage therapy establishment shall include more than just the word “massage.” (14) Hours of operation shall be limited to between 7:00 a.m. and 8:00 p.m. each day. (c) Massage therapists that are licensed by the city shall follow and adhere to the health and safety requirements in subsection (b) above and the code of ethics for massage therapists as published by the National Certification Board for Therapeutic Massage and Bodywork. This shall in no way require membership with American Massage Therapy Association. 2 HP145-1-708772.v3 (d) The holder of a massage therapy establishment license is responsible for supervising the conduct of all massage therapists providing therapeutic massage at that establishment and ensuring they conform to the requirements of this section. SECTION 5. Hopkins City Code, Part II, Chapter 10, Article XVII, Section 10-619 is hereby deleted in its entirety and replaced with the following double-underlined language: Sec. 10-619. – Massage Therapy Establishments. An application for a massage therapy establishment license shall be denied if the proposed location does not comply with the city’s zoning regulations. SECTION 6. Hopkins City Code, Part III, Chapter 102, Article I, Section 102-4 is hereby amended by adding the double-underlined language and deleting the stricken language as follows: Massage therapy establishment means any establishment wherein two one or more massage therapists provide massage therapy or therapeutic massage to the public, as the primary business. other than aA hospital, sanatorium, rest home, nursing home, boarding home, medical doctor’s office, chiropractor’s office, or other institution licensed under the provisions of M.S.A. §§ 144.50—144.69 shall not be considered a massage therapy establishment. SECTION 7. The chart contained in Hopkins City Code, Part III, Chapter 102, Article VII, Section 102-214 is hereby amended by adding the double-underlined language as follows: Permitted Uses B-1 B-2 B-3 B-4 Massage Therapy Establishment X X SECTION 8. Hopkins City Code, Appendix A, which contains the City’s fee schedule, is hereby amended by adding the double-underlined language and deleting the stricken language as follows: LICENCE FEES Massage Massage therapist $100.00 $________ Per year Massage therapist investigation $50.00 $175.00___ New licenses Massage establishment license $25.00 $200.00____ Per year Massage establishment investigation $50.00 $175.00____ New licenses SECTION 9. The effective date of this ordinance shall be the date of publication. First Reading: June 1, 2021 Second Reading: June 15, 2021 Date of Publication: June 24, 2021 Date Ordinance Takes Effect: June 24, 2021 3 HP145-1-708772.v3 By: ____________________________ Jason Gadd, Mayor ATTEST: ______________________________ Amy Domeier, City Clerk 4 HP145-1-708772.v3 June 15, 2021 Council Report 2021-062 Resolution Approving an On Sale Wine and 3.2% Malt Liquor License for Nah Trang Beach, Inc. dba Cam Ranh Bay Proposed Action Staff recommends adoption of the following motion: Move to grant an On Sale Wine and 3.2% Malt Liquor License to Nah Trang Beach, Inc. dba Cam Ranh Bay by adopting Resolution 2021- 033. Overview Hai Paul Truong Day Phan with Nah Trang Beach, Inc. has applied for an on sale wine and 3.2% malt liquor sales at Cam Ranh Bay located at 712 Mainstreet. The licensed premise includes the leased interior space at 712 Mainstreet and outdoor seating in front of the leased space for up to 8 tables. The outdoor seating must be compact and continuous to the licensed premise. The Police Department reviewed the application for the liquor license request and conducted a background investigation. The Police Department has no reservations in approving the licenses based upon the results of the investigation. As a liquor license holder, Cam Ranh Bay representatives will be required to attend liquor control training and will be subject to alcohol compliance checks. Upon City Council approval of the liquor license request, the State application will be sent to the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division, for certification. A representative from the State will inspect the premises before issuing the wine license. The liquor licenses will become effective on July 1 if conditions are met in Resolution 2021-033 and will expire on June 30, 2022. Supporting Information  Resolution 2021-033  The complete application is on file in the City Clerk’s office. Amy Domeier, City Clerk Financial Impact: ________ Budgeted: Y/N _N_ Source: ________________ Related Documents (CIP, ERP, etc.): ________________________________ Notes: CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2021-033 APPROVING AN ON SALE WINE AND 3.2% MALT LIQUOR LICENSE TO NAH TRANG BEACH, INC. DBA CAM RANH BAY WHEREAS, the City Council considered the application on June 15, 2021, with respect to the issuance of an On Sale Wine and 3.2% Malt Liquor License to Nah Trang Beach, Inc. dba Cam Ranh Bay, for its restaurant located at 712 Mainstreet, Hopkins including up to eight outdoor tables in front of premises; and WHEREAS, the Hopkins Police Department has reviewed the application as it is on file with the City Clerk and has no reservations about the licenses being issued. NOW, THEREFORE BE IT NOW RESOLVED, by the City Council of the City of Hopkins as follows: 1. To grant and approve an On Sale Wine and 3.2% Malt Liquor Licenses to Nah Trang Beach, Inc. dba Cam Ranh Bay effective July 1, 2021 for the premise located at 712 Mainstreet including outdoor seating in front of the licensed premise for up to 8 tables. 2. The outdoor seating area must be roped off in some manner to keep the space compact and contiguous to the licensed premise. The area should not affect pedestrian traffic or ADA accessibility on sidewalk in front of licensed premise. 3. The license is conditioned on the applicant’s ongoing compliance with its application that is on file with the City Clerk, including its ongoing operation as a restaurant, and are further subject to all terms and conditions of the City Code Chapter 1200 Sale, Consumption and Display of Alcoholic Beverages and Minnesota Statute 340A. 4. The Mayor and City Clerk are hereby authorized to execute said license. 5. This license shall expire at 11:59 p.m. on June 30, 2022. Adopted by the City Council of the City of Hopkins this 15th day of June, 2021. ______________________________ Jason Gadd, Mayor ATTEST: _____________________________ Amy Domeier, City Clerk Finance CITY OF HOPKINS Memorandum To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Nick Bishop, Finance Director Date: June 15, 2021 Subject: Audit and Comprehensive Annual Financial Report _____________________________________________________________________ Purpose Informational Information CliftonLarsonAllen, LLC has been engaged to complete the City’s Audit for the year ended December 31, 2020. The Audit and Comprehensive Annual Financial Report are currently being finalized. Chris Knopik, Principal and Lance Lauinger will present the results of the Audit based on draft financial statements. The Executive Audit Summary and Comprehensive Annual Financial Report will be emailed when available. The Audit is on track to be completed before the June 30th deadline. Future Action None

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