10-03-06A regular meeting of the Hopkins City Council was held on October 3, 2006, in the Council
Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Youakim, Thompson, Rowan, and
Halverson. Also, present were staff members Getschow, Stadler, Kerrigan, Anderson, and City
Attorney Jerry Steiner.
I. 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
1. Park Board, Kate Reilly
The Oath of office was administered to Kate Reilly, newly appointed Park Board member.
2. Human Rights Commission, Peter Hirsch
The Oath of office was administered to Peter Hirsch.
IV. REPORTS -COMMITTEES/COMMISSIONS
1. Zoning and Planning Meeting
Kathryn Newcomb reported that the Zoning and Planning Commission held their meeting on
September 26t". The Commission recommended approval of a conditional use permit for a
special use fence at 22 - 14`" Ave N with one Commissioner voting against recommendation.
The Commissioners also reviewed the site plan amendments for Walser and the former Hopkins
Honda as well as amendments to conditional use permits for both. The Commission
recommended approval of the four items. The Commission discussed the Comprehensive Plan
and the time line for completion. They will meet on October 24t" at 5:45 p.m. for a tour of the
20t" Avenue town homes. After the tour, they will meet at City Hall.
V. CONSENT AGENDA
1. Minutes of September 19, 2006, City Council Meeting
2. Minutes of September 19, 2006, City Council Work Session
3. Minutes of September 26, 2006, City Council Work Session
4. Ratify Prior Month's Disbursements
5, Approve Appointment of Abdililuah Mohamud to Human Rights Commission
(Memo)
October 3, 2006 City Council Meeting Minutes Page 1
6. Appointment of Election Judges for 2006 General Election (CR2006-113)
7. Approve Debt Service Levies for 2007 Tax Levy (CR2006-114)
Council Member Thompson moved and Council Member Rowan seconded a motion to approve
the Consent Agenda as amended. A poll of the vote was as follows: Council Member Youakim,
aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member
Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
VI. NEW BUSINESS
1. CUP for Fence at 22 - 14th Ave N (CR2006-108)
The applicant, Susan Parker, had a fence constructed on the lot that she owns at 22 -14th Ave N.
Midwest Fence did the construction. As a result of a misunderstanding about who was
responsible for pulling the permit, the permit was not obtained. The fence does not meet
ordinance requirements.
Ms. Parker has afour-year old autistic child. The fence was erected to contain the child in the
yard. Ordinance allows for conditional use permits for the construction of special purpose fences
with a CUP.
The Zoning and Planning Commission recommended approval.
Mr. Parker came forward to explain the issue and answer questions.
Don Roesner, 618 Park Valley Dr W, came forward to address the issue.
Council Members discussed the special use that requires the fence. The City Attorney, Jerry
Steiner explained that the conditional use stays with the property and is in effect as long as the
use remains unchanged. A conditional use permit for a special use needs to meet the
requirements, while a variance must show hardship. The City Council must document findings
for the criteria.
Ms. Anderson explained that the applicant is applying for a permit for the fence that exists now.
Council Members agreed that if the house is sold, the special use is no longer in effect.
Therefore, the fence should be altered to comply with the zoning ordinances if the house is sold.
The City Council also agreed that if the fence had not already been built, they would approve the
plan as submitted.
Council Member Thompson moved and Council Member Rowan seconded a motion to adopt
Resolution 2006-062, approving a conditional use permit for special purpose fence at 22 - 14th
Ave N with the additional condition that at such time that the applicant is no longer the owner of
the subject property, the conditional use permit will terminate. A poll of the vote was as follows:
Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye;
Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
October 3, 2006 City Council Meeting Minutes Page 2
Judy Reinehr came forward to comment on the Oath of Office of new Human Rights
Commissioner, Peter Hirsch and accomplishments of the Human Rights Commission. Ms.
Reinehr received very positive comments about the presentation that was made at their
conference by Sergeant Lorentz. Ms. Reinehr also thanked the City for providing the
Commission with a canopy for the Arts Festival.
2. Amendment to Site Plan, Walser (CR2006-109)
In 2001, Walser purchased a car wash to the west of their existing property and expanded their
building and sales lot to the west. In 2003, Walser and the Luther Company subdivided the lot to
the west of the existing, expanded Walser lot on Mainstreet and removed the building. Walser
developed the east side of the lot into a parking area/sales area and the Luther Company has left
the west side vacant. Luther was proposing to move Town and Country Dodge from Highway 7
to the former Hopkins Honda and Now Sports sites. Now, Walser is proposing to remove the
former Now Sports building and expand their parking lot to St" Ave.
The use is in compliance with the Zoning Ordinances and the Comprehensive Plan. The Zoning
and Planning Commission recommended approval.
Don Schilling, Jack Shimota, and Linda McGinty came forward to answer questions about
lighting, access, unloading inventory, utilities, and watershed approval.
Council Member Thompson moved and Council Member Halverson seconded a motion to adopt
Resolution 2006-063, recommending approval of a site plan to expand the Walser Chrysler Jeep
site at 314 Mainstreet to include the former Now Sports Property. A poll of the vote was as
follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member
Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
3 . CUP, Walser (CR2006-110)
In 2003, Walser and the Luther Company subdivided the lot to the west of the existing, expanded
Walser lot on Mainstreet and removed the building. Walser developed the east side of the lot
into a parking area/sales area and the Luther Company has left the west side vacant. Luther was
proposing to move Town and Country Dodge from Highway 7 to the former Hopkins Honda and
Now Sports sites. Now, Walser is proposing to remove the former Now Sports building and
expand their parking lot to 5th Ave.
The use is in compliance with the Zoning Ordinances and the Comprehensive Plan. The Zoning
and Planning Commission recommended approval.
Council Member Youakim moved and Council Member Rowan seconded a motion to adopt
Resolution 2006-064, approving amending the conditional use permit for The Walser
Automotive Group to add an additional auto sales lot space to the existing Walser site located at
314 Mainstreet. A poll of the vote was as follows: Council Member Youakim, aye; Council
October 3, 2006 City Council Meeting Minutes Page 3
Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor
Maxwell, aye. The motion carried unanimously.
4. Amendment to Site Plan, Former Hopkins Honda Site (CR2006-111)
Hopkins Honda moved from 499 Mainstreet to the former Knox site last fall. Luther Hopkins
Dodge, (former Town and Country Dodge) was proposing to move their operation from 1710
Highway 7 to the former Honda location on Mainstreet. Last February, the City Council
approved a site plan and conditional use permit for the move. Now Walser Automotive Group is
proposing to use the former Hopkins Honda site as part of their operation. Walser Chrysler Jeep
will become Walser Chrysler Jeep Dodge. A site plan review is required because the operation
is expanding and adding the former Berger King and Walser leasing sites.
The proposed use is in compliance with the Zoning Ordinances and the Comprehensive Plan.
The Zoning and Planning Commission recommended approval.
Council Member Halverson moved and Council Member Thompson seconded a motion to adopt
Resolution 2006-065, approving a site plan to expand the former Hopkins Honda location on
Mainstreet to include 317 Mainstreet for Walser Chrysler Jeep Dodge. A poll of the vote was as
follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member
Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
5. CUP, Former Hopkins Honda Site (CR2006-112)
In 1985, Rudy Luther's Hopkins Honda was granted a conditional use permit for an auto sales lot
at 499 Mainstreet. Hopkins Honda moved to the former Knox site last fall. Luther was granted
an amendment to their conditional use permit for auto sales and a site plan approval in January
2006 to move Town and Country Dodge, which is currently located on Highway 7. Now,
Walser is proposing to add the Dodge line to Walser Chrysler Jeep. Walser Chrysler Jeep will
become Walser Chrysler Jeep Dodge and operate from both 314 and 499 Mainstreet.
The former Burger King building was removed earlier this year, and Walser is proposing to raze
the Walser leasing building located at 317 Mainstreet. The former Burger King site and Walser
leasing building area will become a vehicle inventory area.
The proposed use is in compliance with the Zoning Ordinances and the Comprehensive Plan.
The Zoning and Planning Commission recommended approval.
Council Member Rowan moved and Council Member Youakim seconded a motion to adopt
Resolution 2006-066, approving a conditional use permit for the Walser Automotive Group to
expand their auto sales lot at 499 Mainstreet. A poll of the vote was as follows: Council
Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council
Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
October 3, 2006 City Council Meeting Minutes Page 4
VII. ADJOURNMENT
There being no further business, Council Member Thompson moved and Council Member
Halverson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous
consent at 8:55 p.m.
Respectfully Submitted,
Terry Obermaier, City Clerk
ATTEST:
,..~c%r~
Eugen . M well, Mayor
October 3, 2006 City Council Meeting Minutes Page 5