09-05-06A regular meeting of the Hopkins City Council was held on September 5, 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, Genellie, Stadler, Kerrigan,
Harkess, Bradford, Anderson, and City Attorney Jerry Steiner.
1. 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. REPORTS -COMMITTEES/COMMISSIONS
1 . Zoning and Planning Commission
Bob Hatlestad reported that the Zoning and Planning Commission held their meeting and
discussed three items. The first item discussed was a moratorium on Shady Oak Road
development. The Commission recommended approval. The second item was a variance
requesting a 6.7 foot variance for 109-1 1 `" Ave N. The Commission recommended
approval with conditions. The last item that the Commission discussed is the B-4 Zoning
district. The Commission discussed the types of uses in the B-4 district. They added
some uses and removed some uses and requested staff to bring definitions of uses to the
next meeting.
IV. CONSENT AGENDA
1. Minutes of August 15, 2006, City Council Meeting
2. Minutes of August 15, 2006, Work Session before the regular City Council
Meeting
3. Minutes of August 15, 2006, Work Session after the regular City Council
Meeting
4. Minutes of August 22, 2006, Work Session
5. Minutes of August 29, 2006, Work Session
6. Ratify Prior Month's Disbursements
7. Approve MnDOT Agreement for Maintenance of Excelsior Boulevard Landscape
Improvements (CR2006-092)
8. Approve Temporary 3.2 Beer License for St. Joseph's Church Fall Festival
(CR2006-098)
9. Authorize Execution of Environmental Remediation Grant Agreements, Excelsior
Crossings (CR2006-101)
September 5, 2006 City Council Meeting Minutes Page 1
10. Approve Adoption of Resolution Amending Legislative Policy 6E, Finance Billing
Policy (CR2006-094)
Council Member Rowan asked for a change to the August 15t" Work Session after the
regular City Council meeting minutes. He was not present at that meeting.
Council Member Halverson moved and Council Member Youakim 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.
V. NEW BUSINESS
1. Approve Side-yard Setback Variance, 901 - 1 1 t" Ave N (CR2006-097)
The applicant, Patrick Hanlon, is planning to purchase two side-by-side lots, lots 13 and
14. The existing home is 1 .3 feet from the northerly lot line on lot 13. The garage on lot
13 is four feet over the lot line of 13. Mr. Hanlon wishes to sell lot 14 for the purpose of
building a new home. He is requesting the variance for the side-yard setback of the
existing home. Conditions set by the Zoning and Planning Commission include that the
existing garage on lot 13 is moved to the existing setback requirements; that a building
permit will not be issued until it is moved; That the new home constructed on lot 14 will
have a 15-foot side-yard setback on the south side; That the existing garage on lot 14
will not be converted into a home; That the principal use of lot 14 will not be storage;
That if a fence is ever installed on Lot 14, it must be setback four feet from the south
property line; and that the conditions will be incorporated into a Declaration of Restrictive
Covenants recorded against the title of lots 13 and 14. The City Council discussed the
conditions and the hardship, which is that the structure already exists on lot 13.
Patrick Hanlon came forward and stated that he was not in agreement with the first three
conditions. Council Members discussed the three conditions,
Jason Woods, 1 10 - 1 1 t" Ave N, commented that he does not support the plans.
Council Member Rowan moved and Council Member Thompson seconded a motion to
adopt Resolution 2006-055, approving aside-yard setback variance at 109 - 1 1 t" Ave N
with the conditions as outlined in Resolution 2006-55, except that condition three will be
changed to a 14-foot setback; and that condition 6 will require asix-foot setback and that
lot 14 will grant a permanent easement of 6 feet along the property line to lot 13 for
maintenance of the home located on lot 13. 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.
2. Approve Shady Oak Road Moratorium (CR2006-096)
September 5, 2006 City Council Meeting Minutes Page 2
The Reconstruction of Shady Oak Rd is planned for 2009. Hennepin County will be
acquiring many parcels on both sides to improve the road. In conjunction with the road
improvement, Hennepin County is in the process of conducting a land use and market
analysis for areas abutting Shady Oak Rd that will be available for redevelopment after
the road improvement. There is a concern that development could occur prior to the
reconstruction that will be counter to the final recommendations of the study. As a result
of this concern, a moratorium is being recommended to be placed on re-zonings and
subdivisions for the area from Excelsior Boulevard to Mainstreet in Hopkins. Minnetonka
will also be placing a moratorium on the property within their City.
Council Member Thompson moved and Council Member Youakim seconded a motion to
adopt Resolution 2006-054, approving Ordinance 2006-973, placing a moratorium on re-
zonings and subdivisions on Shady Oak Rd from Excelsior Blvd. to Mainstreet for first
reading. 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. Approve Proposed 2007 Levy (CR2006-095)
Christine Harkess, Finance Director, gave a presentation of the preliminary levy and
budget and explained the budget process. The Public Hearing for the budget is set for
December 4, 2006, at 6:30 p.m.
Because the facilities projects were completed under budget, the excess funds were used
to pay down the bonds. This allowed the Council to reduce the Bond Levy.
Council Member Halverson moved and Council Member Youakim seconded a motion to
adopt Resolution 2006-053, approving proposed 2007 general fund budget, and setting
public hearing dates. 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.
4. Approve Construction Contract Change Order, Excelsior Boulevard Streetscape
(CR2006-093)
The Three Rivers Park District is interested in funding additional site improvements at the
Depot Coffeehouse/trailhead area. On August 17, 2006, the Park District approved
funding for site improvements in the amount of $210,71 1 .51 . Staff has had a change
order prepared and signed by Pember Construction in the amount of $175,192.28, to
include this area in the project that is occurring in areas that are contiguous with the
Depot site.
Council Member Youakim moved and Council Member Rowan seconded a motion to
approve a change order in the amount of $175,192.28 to the Excelsior Boulevard Phase
September 5, 2006 City Council Meeting Minutes Page 3
III streetscape improvements construction contract, with the understanding that all costs
are to be paid by Three Rivers Park District. 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. Order Feasibility Report, 2007 Street and Utility Improvements (CR2006-100)
The 2007 - 201 1 CIP identified street and utility improvements for the year 2007 along
Drillane Rd N and 3rd St N between 18t" and 19t" Aves N. The project also includes Mill
and Overlay on 12t" Ave N, 13t" Ave N, 14t" Ave N, 15t" Ave N, and 16t" Ave N. John
Bradford reviewed the site map of the project. Because of the existing relationship with
Bolton and Menk, staff solicited a proposal for the feasibility report from them. The
proposed fee for the feasibility report is $39,490. Mr. Bradford reviewed the project
schedule.
Council Member moved and Council Member seconded a motion to adopt Resolution
2006-056, Resolution Ordering the Preparation of a Feasibility Report for 2007 Street and
Utility Improvements and authorize the Mayor and City Manager to enter into an
agreement with Bolton and Menk, Inc. to prepare the report. 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.
6. Approve Award of Contract for the 2006 City Hall Site Improvements (CR2006-
102)
John Bradford reviewed the site plan. The City solicited quotations from three reputable
contractors and received one quote from Odesa II located in Sauk Rapids, MN. Their bid
of $36,975.00 is less than the engineer's estimate of $38,427. Quotes for the
landscaping portion of the project will be opened on September 14t" for completion this
fall. Construction should be completed by the end of September with landscaping
completed by the end of October.
Council Member Youakim moved and Council Member Halverson seconded a motion to
adopt Resolution 2006-057, Resolution Awarding City Hall Site Improvements Contract,
Project No. 06-02. 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.
Mayor Maxwell closed the Council Meeting to the public at 9:25 p.m. for the purpose of
discussing the Billboard Lawsuit.
Mayor Maxwell opened the meeting to the public at 9:44 p.m.
September 5, 2006 City Council Meeting Minutes Page 4
VI. ADJOURNMENT
There being no further business, Council Member Rowan moved and Council Member
Youakim seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 9:45 p.m.
Respectfully Submitted,
Terry Obermaier, City Clerk
ATTEST:
Eugene J. axw ,Mayor
September 5, 2006 City Council Meeting Minutes Page 5
COUNCIL MEMBERS ~~-~