08-06-03A regular meeting of the Hopkins City Council was held on August 6, 2003, in the
Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Brausen, Jensen, Johnson, and
Rowan. Also, present were staff members Genellie, Stadler, Kerrigan, N. Anderson,
and City Attorney Jerre Miller.
CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:30 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
There were none.
III. OATH OF OFFICE
Chief Reid introduced two new police officers, Shannon Marie Hill and Gregory John
Piton. Chief Reid described the badge that they will ware and stated that the badge
does not give the officer authority; The community gives the officer the authority.
The oath of office was administered to Officer Hill and Officer Piton. Officer Hill's
brother pinned her badge and Officer Piton's mother pinned his badge.
Officer Shannon Hill thanked the department and the community. Officer Piton also
thanked the department and the community.
IV. REPORTS -COMMITTEES/COMMISSIONS
1 . Chemical Health Commission
Bert Schmidt reported for the Chemical Health Commission. The recording of CDs
project for the Depot is going well. The grant will cover the expenditures. The Depot
hopes to have CDs to sell by Saturday night. The second open mike night was held.
It was attended better than the first. The Depot Teen Coordinator would like to get
space at the school for a few hours per week. The commission is preparing new info
to hand out to students in the first two weeks of school. The Commission elected
Bert Schmidt to be the new Chair Person. Kathryn Magdal went over the results of
the re-inspections of those who failed the tobacco compliance checks. The
commission discussed the alcohol compliance checks that will be done later in the
year.
2. Zoning and Planning Commission
Kristi Halverson reported for the Zoning and Planning Commission. The Commission
reviewed the East End Study and recommended approval. They held public hearings
on the conditional use permit and parking variance for Wendy's and recommended
approval of both. They held a public hearing on the driveway set back variance for
August 6, 2003 City Council Meeting Minutes Page 1
141 - 16th Ave N and recommended approval. The commission reviewed the
ordinance change on accessory structures and recommended approval.
V. CONSENT AGENDA
1 . Minutes of July 15, 2003, City Council Meeting
2. Minutes of July 22, 2003, City Council Work Session
3. Ratify Prior Month's Disbursements
4. Temporary 3.2 Beer License, St. Joseph's Fall Festival (CR2003-108)
5. Proposed Increase to Pavilion Hourly Ice Rental Prime Rate (CR2003-106)
Council Member Brausen moved and Council Member Jensen seconded a motion to
approve the Consent Agenda. A poll of the vote was as follows: Cotancil Member
Brausen, aye; Council Member Jensen, aye; Council Member Rowan, aye; Council
Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
VI. PUBLIC HEARING
There were none.
VII. NEW BUSINESS
1 . Variance for Driveway at 141 - 16`h Ave N (CR2003-1 13)
The applicant has constructed a new garage. The existing drive way is eight feet
wide and abuts the steps on the house on one side and the property line on the other
side. If the driveway were to be re-constructed within the set-back requirements, the
driveway would be six feet wide. The Zoning~'and Planning Commission
recommended approval.
Mayor Maxwell asked if the stakes have been located to make sure that no part of the
driveway is on the neighbors property. The applicant responded that they had not
been able to locate the stake, but that the new drive way would not exceed the area
of the current driveway.
Council Member Rowan moved and Council Member Brausen seconded a motion to
adopt Resolution 2003-64, approving atwo-foot variance to construct a driveway
abutting the property line at 141 - 16th Ave N. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Jensen, aye; Council Member
Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried
unanimously.
2. Variance for Parking at Wendy's (CR2003-1 1 1)
Wendy's is proposing to construct a new restaurant at 502 Blake Rd N. The
applicant has applied for a conditional use permit. As a condition of the CUP, the
applicanfi has commissioned a traffic analysis that includes a parking analysis. The
August 6, 2003 City Council Meeting Minutes 'Page 2
peak parking demand was 25 spaces. A ten percent increase in the expected parking
demand was calculated. The parking spaces required would be 29. The site plan
indicates 37 parking spaces, eight more than the peak demand. The parking
requirement as per the ordinance is 48. A parking variance for eleven spaces is being
requested. The Zoning and Planning Commission recommended approval.
Nancy Anderson reviewed the site plan.
Jim Benshoof, the consultant that did the parking study, came forward to answer
questions. The Council and Mr. Benshoof discussed the stacking of vehicles in the
drive thru.
Christine Moss, engineer, representing Wendy's, reviewed landscaping, drainage, the
parking lot design elements, and the fencing.
Rick Janssen, owner of Wendy`s, came forward to answer questions.
Fred Murray, owner of the adjacent apartment buildings, questioned the fencing and
the space between the curb and the fence. It was decided that two and one half feet
would be left on the side of the fence facing the apartment building.
Council Member Jensen moved and Council Member Brausen seconded a motion to
adopt Resolution 2003-62, approving a parking variance to construct a Wendy's
Restaurant at 502 Blake Rd N. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council
Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously.
3. CUP for Wendy's (CR2003-112)
The applicant, Wendy's International, currently leases the building at their present
location. They propose to build a new building at 502 Blake Rd N and move their
operations to the new building. The building will by 2903 square feet with 96 seats
and a drive through. The new construction is in compliance with the Zoning
Ordinances and Comprehensive Plan. The Zoning and Planning Commission
recommended approval. Ms. Anderson reviewed the conditions.
Rick Janssen, owner of Wendy's, reviewed the elevations of the building.
Mayor Maxwell asked if the apartment residents on upper floors would be able to
view the top of the new building. Mr. Murray answered yes. Mayor Maxwell said
that the roof top equipment, air conditioner etc., should be screened from their view.
Council Member Jensen moved and Council Member Brausen seconded a motion to
adopt Resolution 2003-63, approving a conditional use permit to construct a Wendy's
restaurant at 502 Blake Rd N with the additional condition that the mechanical
equipment on the roof will be screened. A poll of the vote was as follows: Council
Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye;
Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously.
August 6, 2003 City Council Melting Minutes .Page 3
4. CUP for Police Department Remodel (CR2003-1 10)
The City of Hopkins is in the process of constructing a new fire station and public
works facility on 17t" Ave S and Excelsior Blvd. When the fire station is completed,
the Fire Department will move to the new facility. The current facility will be used for
the Police Department expansion and remodeling. The patio area on the west side of
City Hall will be filled in with a building and there will be a small addition on the west
side of the former fire station. The two additions will allow the internal remodeling
and expansion of the police department. The use complies with the Zoning '
Ordinances and the Comprehensive Plan. The Zoning and Planning Commission
recommended approval.
James O'Shea, architect for the project, reviewed the renderings of the project and
answered questions about the exterior of the new addition, the project schedule, and
the landscaping. Parking was discussed.
Council Member Johnson moved and Council Member Jensen seconded a motion to
adopt Resolution 2003-61 , approving a conditional use permit to construct additions
at City Hall for the police department. A poll of the vote was as follows: Council
Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye;
Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously.
5. Accept/adopt East End Study (CR2003-1 17)
The City Council ordered a study to be conducted on the East End of Hopkins in
2001. The purpose was to study future land use for the area east of Highway 169,
west of Blake Road, and north of Excelsior Boulevard. The upgrade of Excelsior Blvd.
along with several sites that have redeveloped and will be redeveloped and potential
transit opportunities make this area a likely area for continuing redevelopment. The
study also addressed a potential beautification project that could be implemented to
Blake Rd, north of Excelsior Blvd. Input was received from several neighborhood
meetings of property owners and business owners in the area. The Zoning and
Planning Commission reviewed the study and.held several joint meetings with the City
Council to discuss the study. Since the last joint meeting with the City Council and
Zoning and Planning Commission, an implementation plan has been added to the
study. The study recommends placing an overlay district for the primary study area
to preserve the existing uses, but provide a plan for redevelopment.
Brady Halvorson of Hoisington Koegler Group, summarized the plan. The City will
have the maximum amount of flexibility with this plan. The Implementation Plan will
provide land use controls in the provisions of an overlay district ordinance.
The next step will be to review the Comprehensive Plan.
Council Member Brausen moved and Council Member Jensen seconded a motion to
adopt the East Hopkins Land Use and Market Study and direct staff to proceed with
August 6, 2003 City Council Meeting Minutes Page 4
the implementation of amending the comprehensive plan and zoning ordinance in
accordance with the study. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council
Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously.
6. First Reading, Approve Ordinance Amendment, Accessory Structures
Industrial Districts (CR2003-114)
At the July 15t~ City Council Meeting, a height variance was granted for an accessory
structure in an industrial district. The present ordinance does allow for an increase in
height for various similar structures such as water towers, church spires, but not juice
towers. Staff anticipates that there might be cases in the future where accessory-
type structures might need to exceed the minimum height in industrial districts. The
amendment will allow accessory structures not exceeding .25 percent of the lot to
increase the height requirement by 50 percent. The Zoning and Planriing Commission
recommended approval.
Council Member Rowan moved and Council Member Johnson seconded a motion to
adopt Resolution 2003-65, approving Ordinance 2003-907, allowing higher accessory
structures in industrial districts for first reading. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Jensen, aye; Council Member
Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried
unanimously.
7. Award Bid Package #4 Pavilion Mezzanine Project (CR2003-)
Bid package four is the final bid package. Bids were opened for electrical, masonry
and roofing work at 2:00 p.m. today. The new electrical low bid was $60,920, less
than one half of the previous low bid of ~ 146,820. The low masonry bid was
submitted by Del's Construction Co at 569,870 and the low roofing bid was
submitted by Lake Area Roofing at 512,01 9. The tots! project budget is 5715,370.
With bids or contracts in place for all construction, the current project cost is
5674,895.
Council Member Johnson asked when the Council would see a bid for the acoustical
elements. Mr. Stadler answered that it would be on the agenda of the next meeting.
Council Member Johnson moved and Council Member Rowan seconded a motion to
adopt Resolution 2003-068, resolution to award bids for Pavilion Renovation Project,
Bid Package 4 contracts, Divisions 4, 5, and 6: electrical, masonry, and roofing work.
A poll of the vote was as follows: Council Member Brausen, aye; Council Member
Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor
Maxwell, aye. The motion carried unanimously.
8. Review Bid Results, Police Department Renovation (Presentation)
Mr. Stadler announced that the bids for the new Police Department were opened
At 2:00 p.m. today.
August 6, 2003 City Council Meeting Minutes Page 5
9. First reading, Ordinance 2003-908, Amending Hopkins City Code, section
1200.48, Evacuation of Premises (CR2003-109)
The past ordinance exempted restaurants and clubs from the 15 minute evacuation
rule. The ordinance was changed in March/April of this year to allow the exemption
of restaurants and clubs only for the sale of food. There has been confusion with
both ways the ordinance was written. The Police Department has requested that the
exemption be removed altogether. This ordinance reflects that request. All
bar/restaurant and club owners have been notified of the change. A meeting was
held on the afternoon of July 23, 2003. All affected licensees were notified of the
meeting. Mainstreet Bar and Grill was the only licensee that attended that meeting.
Council Member Rowan moved and Council Member Brausen seconded a motion to
adopt Ordinance 2003-908 for first reading. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Jensen, aye; Council .Member
Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried
unanimously.
VIII. OLD BUSINESS
There was none.
IX. ADJOURNMENT
There being no further business, Council Member Jensen moved and Council Member
Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 9:17 p.m.
Respectively Submitted,
erry Ol~rm`aier, pity Clerk
ATTEST:
,~ ~.
~`
Euge J. ~M'axwell, Mayor
August 6, 2003 City Council Meeting Minutes
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