02-04-03A regular meeting of the Hopkins City Council was held on February 4, 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, Genellie, Stadler, J. Anderson, N.
Anderson, Stahmer, and City Attorney Jerre Miller.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:40 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
Denny Neiberger, 2009 Adeline Cr, Wayzata said that he is the CEO of MN Wholesale
Fireworks. He requested that item 6, Second Reading Fireworks Licensing Ordinance,
be removed from the consent agenda for discussion.
III. REPORTS - COMM[TTEES/COMMISSIONS
1. Chemical Health Commission
Katherine Magdal said that the Commission discussed the Depot Coffeehouse. The
Depot will hold a 100-year celebration on April 26th. They plan to include a lot of
Hopkins History in the celebration. National Youth Leadership is holding their meeting
in Minneapolis this year and have requested to see the Depot and how it is operated.
Sharon McDonald spoke to the group. She has done a survey of parents and hopes
to present the results at the town hall meeting this fall. The Reduce the Use program
has received The Outstanding Coalition in the United States for 2003 by the
Community Anti-drug Coalition of America. Sharon will receive the award in
Washington DC next week. Reduce the Use was chosen because includes the
adult/parent component in the program. Signs advertising tobacco products were
discussed at the combined work session. Since that time, Ms. Magdal said that she
has found a Federal Statute that regulates tobacco signs. She is working with Mr.
Genellie and the City Attorney to see if it should be incorporated in our ordinance.
4. Zoning and Planning Commission
I<risti Halverson reported for the Zoning and Planning Commission. They discussed
the Elks Club zoning amendment, CUP, and plat. They felt that the building would
have no adverse effect on the Downtown area and recommended approval of the
project. Steve Stahmer presented the bus shelter program to them. They reviewed
ordinance changes.
February 4, 2003 City Councii Meeting Minutes Page 1
IV. CONSENT AGENDA
1. Minutes of January 21, 2003, City Council Meeting
2. Minutes of January 28, 2003
3. Ratify Prior Month's Disbursements
4. Miscellaneous License Applications
5. Second Reading Junk Car Ordinance (Memo)
6. Second Reading Fireworks Licensing Ordinance (Memo)
7. Approve Resolution MnDOT Maintenance Agreement, East Ramp
Intersection (CR2003-026)
8. Approve Agreement with Minnetonka Police Department School Liaison
Program (CR2003-020)
9. Resolution Supporting Henn Co HRA Legislative Proposal (CR2003-01 7)
Item six was removed from the Consent Agenda. It will be discussed immediately
after the Consent Agenda.
Steve Stahmer pointed out a change to the resolution for item nine. Hennepin County
Housing and Redevelopment Authority holds the authority to levy a special tax in all
but four Cities in the County. Hopkins is one of the four cities. The four cities would
have to request that the County levy in their cities each year. The County does not
believe that they can legally levy in some cities and not others. They are seeking
legislation to change the current laws to allow them to levy in all cities without
removing the cities rights to levy.
Council discussed the issue. Mr. Stahmer reviewed the benefits to the City. Council
Member Johnson wanted more discussion on the issue at a work session.
Council Member Johnson moved and Council Member Brausen seconded a motion to
approve items one through five and item eight on the Consent Agenda and to
continue item nine to the February 18, 2003 work session. 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.
Second Reading Fireworks Licensing Ordinance
Mr. Genellie reviewed the ordinance and the requirements. Mr. Denny Nieberger
asked the Council to reconsider the hard sided building, temporary businesses, and
sprinkler requirements in the ordinance. Their organization uses tents that are in a
location for only ten days.
Council Member Brausen moved and Council Member Jensen seconded a motion to
adopt Ordinance 2003-894 far second reading, approve the summary of Ordinance
February 4, 2003 City Council Meeting Minutes Page 2
2003-894 and order the summary published and posted at the Hopkins Library and
adopt Resolution 2003-009, establishing a license fee. 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.
V. PUBLIC HEARING
1 . Vacate Utility Easements, Market Place Lofts (CR2003-019)
An additional utility easement was found on the Marketplace Lofts property. The
Developer has requested that it be vacated. The easement is for underground utilities
that the City maintains. The utilities will be moved to a different location with the
project, so the current easement will no longer be needed. Anew easement
reflecting the new locations of utilities will show on the plat of Marketplace Lofts.
Mayor Maxwell opened the public hearing at 8:05 p.m. No one came forward.
Council Member Johnson moved and Council Member Jensen seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at
8:06 p.m.
Council Member Johnson moved and Council Member Brausen seconded a motion to
adopt Resolution 2003-10, approving for first reading Ordinance 2003-895, vacating
public utility easements located within Block 3, West Minneapolis with the condition
that the plat of Marketplace Addition dedicate easements required for public utilities
and drainage. 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.
VII. NEW BUSINESS
1 . First Reading, Amend Zoning Ordinance to Allow Clubs on the First Floor -
Elks (CR2003-21)
The Elks Club is planning to construct an new building and is requesting an
amendment of the Zoning Ordinance to allow a club on the first floor in a B-2 Zoning
District. Staff recommended that the a first floor club be allowed in a B-2 district off
Mainstreet if the club is located at least 150 feet from Mainstreet. The Zoning and
Planning Commission recommended approval. The Elks Lodge has been in their
location for many years and has not had an adverse impact on the B-2 area.
Council Member Brausen moved and Council Member Jensen seconded a motion to
amend the Zoning Ordinance to allow clubs on the first floor in the B-2 zoning district
February 4, 2003 City CounciE Meeting Minutes Page 3
150 feet from Mainstreet with the findings as recommended by staff and the Planning
Commission and adopt Ordinance 2003-895 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.
2. Approve CUP to construct a new Elks Club (CR2003~22)
The Elks Club is proposing to build a new facility north of the existing building. The
existing building will be razed. The new building will be constructed on the vacant lot
and parking area. The building will be a one-story building with a basement. The
basement will be available to rent for receptions. The location of the existing building
will be the parking lat. The entrance will be on the south side of the building from the
parking lot. There will not be an entrance on the side of the building facing 8th Ave S.
The project is in compliance with the zoning requirement, parking, and setbacks. The
Zoning and Planning Commission recommended approval. Approval should be
conditioned upon approval by the public works department of the final drainage,
utility, and grading plans.
Nancy Anderson presented the plans to the Council. Mark Olson and Jeff Holle,
members of the Elks Club, presented elevations and exterior design elements.
Council Members discussed fire exits, the sprinkling system, roof drains, parking lot
lights, and screening of the parking lot.
Concern about the building's proximity to the parking lot was discussed. Members
agreed that they would like to see the building be positioned farther from the parking
lot. Mr. Stadler and Ms. Anderson said that the building's distance from the parking
lot would be addressed by staff in the plan approval process.
Council Members also had concerns about the design of the north wall. Concerns
were expressed about the turning points from the alley to the delivery area.
Council Member Jensen moved and Council Member Johnson seconded a motion to
adopt Resolution 2003-12, approving a conditional use permit to construct a new EII<s
Lodge building. A poll of the vote was as follows: Council Member Brausen, aye;
Council Member Jensen, aye; Council Member Johnson, aye; Counci( Member Rowan,
aye; Mayor Maxwell, aye. The motion carried unanimously.
3. Approve Preliminary/final plat for a new Elks Club (CR2003-23)
The Elks Club is proposing to construct a building on the north side of their existing
building. The existing site is currently three lots. In order for the applicant to build
the proposed building, the lots will have to be re-platted to combine the lots into one.
February 4, 2003 City Council Meeting Minutes Page 4
The proposed lot will be in compliance with the zoning ordinances and the
Comprehensive Plan.
The Zoning and Planning Commission recommended approval.
Counci[ Member Rowan moved and Council Member Brausen seconded a motion to
adopt Resolution 2003-13, approving apreliminary/final plat for 30 - 8t'' Ave S. 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.
4. Wine and Strong Beer License Application, Munkabean's (CR2003-024)
Sean and Sherri Lafostecasse, the new owners of Munkabean's, 1206 Mainstreet
have applied for a wine and 3.2 on-sale beer license. This will allow them to sell wine
and strong beer on-sale. The business is located in a B-3 district. The on-sale of
alcoholic beverages is allowed in that district. State statute requires that the business
serve meals and has the capacity to seat 25 people at the same time. Munkabean's
meets those requirements.
The Police Department investigated the principals and found no reason to deny.
Council Member Rowan asked if Munkabean's will still welcome youth. Sean
LaFostecasse said that they have taken steps to encourage young people.
Mayor Maxwell questioned if the back patio and gate area meet the fire code. Sean
Lafostecasse answered that he has worked with the fire department and will be
looking at a new latch for the gate.
Council Member Jensen moved and Council Member Johnson seconded a motion to
approve the application for On-sale wine and on-sale 3.2 beer licenses which will
allow the applicant to sell wine and strong beer on-sale, with the condition that a
certificate of insurance showing liquor liability be submitted to the Clerk's office and
with the following restrictions: 1) Wine and Beer must be served at the tables. It
cannot be dispensed from the counter. 2) Wine and Beer may not be served at the
tables that are outdoors in front of the business. And 3) Wine and Beer may be served
in the back patio area if the gated access from the parking lot is locked and directed
staf# to review the patio area to ensure compliance with the fire code. A poll of the
vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye;
Council Member Johnson, aye; Council Member Rowan, nay; Mayor Maxwell, aye.
The motion carried.
February 4, 2003 City Council Meeting Minutes Page 5
5. Sublease to School District for Depot Project (CR2002-012)
With the support of the Depot partners, City staff has drafted a lease agreement
between School District 270 and the City of Hopkins. The agreement will allow the
School District to use the Depot as a business education class.
Under the current lease agreement between the City and Hennepin County Railroad
Authority, the City is allowed to sublet the building for educational purposes.
The lease is a three-year agreement with lease payments totaling S 1 50,000.
The district will use the Depot Coffee House as a community based educational
laboratory focusing on teaching students to start, manage and successfully run a
small business.
Council Member Rowan moved and Council Member Jensen seconded a motion to
authorize the Mayor and City Manager to sign Depot Lease Agreement between the
City of Hopkins and Hopkins School District 270 for School Fiscal Years 2002/2003
through 2004/2005. 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. Approve Preliminary/Final Reading, Excelsior Boulevard Right-of-Way
(CR2003-25)
The City was responsible for the property acquisition for properties required due to
construction of the new Milwaukee St/Jackson Ave/Excelsior Blvd intersection.
Bolton & Menk, Inc. has developed the right of way plat. After City Council approval,
the plat will be recorded with Hennepin County. The plat was prepared in
coordination with the Hennepin County Surveyor's Office.
Steve Stadler reviewed the plan and pointed out the acquisitions, the temporary
easements, and permanent easements.
Council Member Johnson moved and Council Member Brausen seconded a motion to
adopt Resolution 2003-014, a resolution approving the right-of-way plat for the
Excelsior Blvd, Phase II 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.
February 4, 2003 City Council Meeting Minutes Page 6
VIII. ADJOURNMENT
There being no further business, Council Member Jensen moved and Council Member
Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 9: ~ 8 p.m.
Respectively Submitted,
~_
Terry O r aier, City Clerk
ATTEST:
Euge e J~Maxwefl, Mayor
February 4, 2003 City Council Meeting Minutes Page 7
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