07-01-03A regular meeting of the Hopkins City Council was held on July 1 , 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 Mielke, Stadler, 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
Curt Fretham, 4934 Baker Rd. Minnetonka, appeared to state that in October , he
applied for side yard variances to build on a 35 foot lot. The variance was denied. He
spent the winter on a plan for the lot and found a buyer for the home. The
moratorium that was placed on building on lots less than 40 feet has caused problems
for him and he felt that the moratorium is unreasonable. He said that he came to the
Council to see if the issue could be resolved.
Mayor Maxwell thanked Mr. Fretham for his comments and said that the City
Attorney will be contacting his attorney.
Steve Gardner, 10717 loth Ave N, Plymouth, appeared to thank the paramedics that
were called to the home of Laura Biglow. Paramedics responded very quickly and
revived her. The unit that responded was Rescue 8,200305243.
III. PRESENTATION/PROCLAMATION
There were none.
IV. OATH OF OFFICE
The oath of office was administered to our newly appointed members of the Zoning
and Planning Commission. They were Robert Hatlestad, Jeffrey Paul, Peter Sholtz,
and Jannina Aristy.
V. REPORTS -COMMITTEES/COMMISSIONS
1. Zoning and Planning Commission
Mary Hatcher reported for the Zoning and Planning Commission. The Commission held
their meeting on the z4th of June. They discussed the EDCO variance. This was the
second time that EDCO brought their plans to.the Commission. Since the first
appearance, they have gotten approval from the Hennepin County Rail Road Authority
(HCRRA). The Commission recommended approval for a one to three-foot setback.
July 1, 2003 City Council Meeting Minutes Page 1
They also recommended a conditional use permit for EDCO. They have completed the
drainage plan which was more complicated that they originally planned. HCRRA said
that they would prefer natural grass on the site as opposed to larger plantings._
The conditional use permit request for Walser was continued at Walser's request.
The Commission discussed the height variance for Citrus Systems. There would be no
access from outside the building. The Commission recommended approval.
The Commission approved the amended bylaws.
VI. CONSENT AGENDA
1 . Minutes of June 1 7, 2003 City Council Meeting
2. Minutes of June 24, 2003 City Council Work Session
3. Ratify Prior Month's Disbursements
4. Approve Extension of CUP Permit far Metro Water, 612- 2"d Ave S (Memo)
5, Approve Qwest Encroachment Agreement (CR2003-103)
6. Participation in the Minnesata Metro Public Safety Communication System
(CR2003-140)
1n answer to Mayor Maxwell's questions, Ms. Anderson responded that the extension
of the CUP for Metro Water is for one year. Mr. Stadler answered that the agreement
with Qwest will not allow any expansion. To change the equipment, they will need
approval from the City.
Council Member Jensen expressed concern about the emissions from the antennae.
Council Member Rowan moved and Council Member Brausen seconded a motion to
approve the Consent Agenda. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Jensen, aye; Council Member Rowan, aye; Council
Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
VII. PUBLIC HEARING
There were none.
VIII. NEW BUSINESS
1 . Approve Height Variance, Citrus Systems (CR2003-99)
Citrus Systems is moving from their current location to the former Alliant Tech
building. They are required to have a specific storage capacity for juice. A 46-foot
tower will provide the required storage. The applicant is requesting a height variance
of eleven feet for the storage tower. The maximum height allowed is 35 feet. The
other solution for storage is to install three smaller units. If Citrus Systems were
requesting a water tower, it would be allowed.
July 1, 2003 City Council Meeting Minutes Page 2
Tom Boehland, Citrus Systems, and Brad Coats, construction manager, appeared to
answer questions.
Mr. Boehland responded to Council Member Jensen's question, answering that the
tower will not support antennae. The tower is not designed to support anything on
top of it.
The Council discussed access to the tank, noise from the agitator on the tank, the
location of the tank, and signage that would be on the tank.
Council Member Jensen moved and Council Member Rowan seconded a motion to
adopt Resolution 2003-55, approving a height variance to construct a juice tower
with the condition that cellular antennae are not installed on the tower. 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. Second Reading, 2:00 a.m. Bar Closing and Resolution Setting Fees (Memo)
At the first reading, the City Council directed staff to add Thursday nights and the
five holidays that were requested. The ordinance has been changed to reflect that
direction.
Resolution 2003-57 sets the fees for extended hours. The fee for on-sale liquor
licensees is $1300, for on-sale wine is $200, and for on-sale 3.2 beer is $150.
Joel Chesin, Mainstreet Bar and Grill, came forward. Mr. Chesin questioned the dates
of the holidays.
Council Member Rowan stated that the costs exceed the additional revenues and that
he sees no public need or benefit, therefore he will vote against the 2:00 a.m.
closing.
Council Member Brausen moved and Council Member Johnson seconded a motion to
approve Ordinance 2003-906 for second reading and order its publication and to
adopt Resolution 2003-57, Resolution Setting Fees for Extended Bar Hours. A poll of
the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye;
Council Member Johnsen, aye; Council Member Rowan, nay; Mayor Maxwell, aye.
The motion carried.
3. Approve Extended Hours Applications (CR2003-10i)
With the adoption of the ordinance allowing bars to stay open until 2:00 a.m.,
Mainstreet Bar and Grill came forward to request approval to stay open until 2:00
a.m. Staff notified all of the bar owners. A total of four licensees have submitted
requests for late opening.
July 1, 2003 City Council Meeting Minutes Page 3
Mayor Maxwell questioned the timeliness of the State in processing the applications
and asked how we could be sure that the state approved the request. The City should
not allow late openings until the State has notified the Clerk that the requests are
approved.
Mr. Joel Chesin, Mainstreet Bar and Grill, came forward and stated that the approvals
will be posted on the State web site. His Minneapolis bar was approved in five days.
Mayor Maxwell directed staff to notify all applicants that they must have State
approval before they can stay open.
Council Member Johnson moved and Council Member Jensen seconded a motion to
approve the extended hours applications for Tuttle's Hopkins Rec., BCD Ventures Inc
(Mainstreet Bar and Grill), K&P Investments (Decoys), and 819 Mainstreet Inc.
(Hopkins Tavern on Main). A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Jerisen, aye; Council Member Johnson, aye; Council
Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously.
4. Award Bid Package #2, Pavilion Mezzanine Project (CR2003-i02)
The City Council approved design and construction management services contracts
and project funding at the May 20, 2003, Meeting. The City's construction manager
has solicited bids from contractors for NVAC equipment bids. Two bids have been
received. Schwab Vollhaber Lubratt Inc. (SVL, Inc.) submitted the higher quote. The
construction manager is recommending the higher quote because the equipment
meets the bid specifications for dehumidification coils and modulated vs, staged heat.
The other bidder did not meet those specifications.
Council Member Rowan moved and Council Member Johnson seconded a motion to
adopt Resolution 2003-58, resolution to award bid for Pavilion Renovation Project, Bid
2 NVAC equipment contract to SVL, Inc. for 542,999.00. 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. Change Order Turner Excavating, Facilities Project (CR2003-104)
Steve Stadler, Director of Public Works, explained that if the parking lot to the
northeast of the Pavilion is constructed as originally designed, there is a high risk of
excavating solid waste material. The site was a farmer landfill site. The cost of
excavating could be very high. The original design showed 242 parking stalls.
Currently there are 208. The new design will provide 21 5 parking stalls.
During the storm sewer project, 747.75 tons of landfill material was excavated. The
cost of loading, hauling and disposing of this soil is $60.14 per ton. Staff is
requesting approval of a change order for the amount of $45,443.68. The change
order wi11 be paid for from the project`s contingency fund.
July 1, 2003 City Council Meeting Minutes Page 4
Council Member Johnson asked if there were any improvements scheduled for the
parking lot on the north of Central Park field four. Mr. Stadler responded that
improvements for the lot have been listed in the CIP Plan, but the improvements had
been moved back several times and was removed altogether this year. Council
Member Johnson suggested that the improvements to that lot be made with this
project. Mr. Stadler stated that later in the project they will have a better idea of the
budget of the project. It is possible that improvements to that parking lot could be
included at that time.
Council Member Brausen moved and Council Member Jensen seconded a motion to
approve the parking lot layout change as presented and approve a construction
change order in the amount of $45,443.68 for loading, hauling and disposal of landfill
material regarding the City Facilities Improvement project. 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. .
IX. ADJOURNMENT
There being no further business, Council Member Brausen moved and Council Member
Jensen seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 8:40 p.m.
COUNCIL Ill-EMBERS
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ATTEST:
Eugene J. axwell, Mayor
July 1, 2003 City Council Meeting Minutes
Page 5
Respectively Submitted,