11-07-07
Mayor Gene Maxwell called the meeting of the Election Canvas Board to order at 7:25
p.m. on November 7, 2007.
The City Clerk explained that the City Council was meeting as a Canvass Board to certify
the results of the City Election held on November 6, 2007. The City Clerk read the
statistics and results.
Council Member Halverson moved and Mayor Maxwell seconded a motion to certify that
we have herein specified the names of the persons receiving votes and the number of
votes received by each for each office voted on at the General Election held on Tuesday,
November 2007. A poll of the vote was as follows: Council Member Brausen, aye;
Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The
motion carried unanimously.
Council Member Halverson moved and Council Member Rowan to adjourn the Canvassing
Board. The Canvassing Board was adjourned by unanimous consent at 7:28 p.m.
A regular meeting of the Hopkins City Council was held on November 7, 2007, in the
Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Brausen, Youakim, Rowan, and
Halverson. Also, present were staff members Getschow, Genellie, Stadler, Elverum,
Anderson, Reid, Kearney, and City Attorney Jerry Steiner.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:32 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
Jerre Miller presented Rick Brausen a honorary membership in the Hopkins Historical
Society in recognition of his work distributing the history of Hopkins book.
III. PRESENTATION
1. Certificate of Appreciation for Bev Ewing and Kristy Bucher -Historic Walking
Tour Brochure, Kersten Elverum
2. Life Saving Award, Chief Reid
Officer Stacy Lakotas presented life saving awards to Christa Modderman and
Tina Hacker whose actions in September of this year saved Bial Gedi from
drowning.
November 7, 2007 City Council Meeting Minutes
" Page 1
IV. REPORTS -COMMITTEES/COMMISSIONS
1 . Zoning and Planning Commission
Commissioner Newcomb reported on the October 30 Zoning and Planning
Commission. The Commission reviewed the Mayon Plastics concept plan. They
discussed bed and breakfasts and directed staff to draft an ordinance making them
a conditional use. The Commission also worked on the Comprehensive Plan.
V. CONSENT AGENDA
1. Minutes of October 16, 2007 City Council Meeting
2. Minutes of October 16, 2007 City Council Work Session
3. Minutes of October 23, 2007 City Council Work Session
4. Second Reading of Ordinance 2007-993 Extending Utility Franchise (Memo)
5. Ratify Prior Month's Disbursements
6. Approve Charitable Gambling for Jaycees (CR2007-1 16)
7. Approve Charitable Gambling for VFW (CR2007-1 15)
8. Proclamation Honoring Housing Awareness Week (Memo)
9. Consider Increase in Contract Towing Fees (CR2007-1 18)
Council Member Halverson moved and Council Member Brausen seconded a motion to
approve the Consent Agenda. A poll of the vote was as follows: Council Member
Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council
Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
VI. PUBLIC HEARING
1. Application for the Renewal of a Currency Exchange License for Pawn America
(2007-1 14)
Terry Obermaier provided an overview of this item. Pawn America has applied to the
Department of Commerce for a renewal of their Currency Exchange License. This license
allows Pawn America to provide check cashing services for their customers. The
Department of Commerce issues the license and regulates the license. The City of
Hopkins is required to hold a public hearing and show findings approving or denying the
application.
Mayor Maxwell opened the public hearing at 7:53 p.m.
No one came forward.
Council Member Brausen moved and Council Member Halverson seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at 7:54
p.m.
November 7, 2007 City Council Meeting Minutes
Page 2
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Council Member Rowan moved and Council Member Youakim seconded a motion to
adopt Resolution 2007-070, Resolution Approving the Renewal of a Currency Exchange
License for Pawn America. A poll of the vote was as follows: Council Member Youakim,
aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member
Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
VII. OLD BUSINESS
1. Conditional Use Permit for Snyder's Drive Through (CR2007-093)
This item was brought before the City Council on September 4, 2007. At that time
Council Members had several concerns including safety issues with access from the
parking lot and pedestrian traffic at the egress point. Other concerns were snow removal
in the alley/parking lot area, deliveries, and the placement of trash containers. Nancy
Anderson presented a revised plan that addressed the issues.
Dave Leonard, representing Snyder Drug Stores, Inc., came forward and went through the
site plan and answered questions. Council Member Youakim said that she was
uncomfortable with what she saw as a public alley being used as part of the drive
through. She also thought that the restriction on drive throughs in the downtown area
should be maintained.
Council Member Halverson moved and Council Member Brausen seconded a motion to
adopt Resolution 2007-055, approving a conditional use permit to allow adrive-through
at 15 - 9t" Ave N. A poll of the vote was as follows: Council Member Youakim, nay;
Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson,
aye; Mayor Maxwell, aye. The motion carried.
2. Drive-Through Variance -Snyder Drug, 15 - 9t" Ave N.
This item was also brought before the City Council on September 4, 2007. Since that
time the applicant has revised the plan to include moving the drive through window
farther west in order to increase the stacking area.
Steve Stadler, Public Works Director, requested that condition number 4 be changed from
a requirement to submit a snow removal plan to a requirement that the snow removal
plan be approved by the Public Works Director: City Attorney, Jerry Steiner,
recommended that an additional condition be added, which would state that the drive
through window would be placed in the more westerly location as indicated by the
revised plans.
Council Member Brausen asked the City Attorney whether granting this variance would
set a precedent. Mr. Steiner said that each variance stands alone due to the unique
attributes of each property.
November 7, 2007 City Council Meeting Minutes Page 3
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Council Member Rowan moved and Council Member Halverson seconded a motion to
adopt Resolution 2007-056, with the revised conditions suggested by staff, approving a
variance from the requirement that adrive-through abut 1St St North or South. A poll of
the vote was as follows: Council Member Youakim, nay; Council Member Brausen, aye;
Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The
motion carried.
3. Second Reading on Tobacco Ordinance 07-990 (Memo)
Nancy Anderson explained that several changes were made to the ordinance since the
first reading. Daycares were added to the list of uses from which a tobacco use must be
at least 500 feet. In addition the definition of an accessory use for tobacco was changed
to 25% or less in square footage of the sales area. Ms. Anderson said that additional
findings were also added to Resolution 07-67.
Council Member Rowan moved and Council Member Halverson seconded a motion to
reconsider and amend Resolution 07-67. A poll of the vote was as follows: Council
Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye;
Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
Council Member Youakim moved and Council Member Brausen seconded a motion to
adopt Resolution 07-67, approving Ordinance 07-990 for second reading and order the
ordinance published. A poll of the vote was as follows: Council Member Youakim, aye;
Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson,
aye; Mayor Maxwell, aye. The motion carried unanimously.
VIII. NEW BUSINESS
4. Concept Review for Mayon Plastics (CR2007-1 17)
Jeff Hagen is proposing to redevelop the Mayon Plastics building located at 415 - 17t"
Ave N into a retail building. Mr. Hagen is proposing to either remove the west side of the
building or to demolish the entire building and build a new building on the east side of the
lot. The west side of the site would be used for parking. The concept plan showed a
right-in and right-out on 17t" as well as a four foot setback along the alley.
The building as proposed will have approximately 13,000 square feet of retail. The
property was rezoned a couple of years ago in anticipation of redevelopment in the next
several years.
Council Members and staff raised some issues regarding the concept:
the 17t" Avenue exit and the width of 17t" Avenue;
the impact on the neighborhood;
the setbacks;
November 7, 2007 City Council Meeting Minutes
Page 4
the types of businesses and their possible impact on downtown.
Mr. Hagen said that he would continue to work with staff to refine the concept.
No action was taken.
5. Ordinance Amending Section 400 of the Hopkins City Code
This ordinance revises section 400.03, adoption of the Minnesota State Building Code.
Adoption of the State Building Code is required by MS 168.75. This ordinance adopts
the new Minnesota State Building Code, authorizes issuance of permits and collection of
fees, and provides for violations and penalties. Adoption of the 2007 Minnesota State
Building Code will help ensure that latest construction codes and standards are
administered and enforced in the City of Hopkins in the fairest way possible. Chris
Kearney, Hopkins Building Official, provided information and answered questions.
Council Member Brausen moved and Council Member Youakim seconded a motion to
approve Ordinance 2007-992 for first reading. A poll of the vote was as follows: Council
Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye;
Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
6. Approve Lease Agreement with Hopkins Better Ice, LLC -Interlachen
Neighborhood (2007-120)
Steve Stadler explained the proposal. A group of Interlachen neighborhood residents have
proposed forming anot-for profit organization, HBIC, for the purpose of owning an ice re-
surfacer and storage facility that they would then lease to the city for use by
neighborhood volunteers to maintain the ice hockey rink and open skate rink at
Interlachen Park. The lease to the city would be in exchange for the city providing space
within the park for the seasonal storage facility and providing liability and property
damage insurance coverage for the ice re-surfacer, operators and storage facility. The
City Attorney reviewed the lease agreement and changes were made based upon his
recommendations. The Hopkins Park Board reviewed the agreement at a special
November 5 meeting and unanimously recommended City Council approval.
Council Member Youakim moved and Council Member Rowan seconded a motion approve
a lease agreement between Hopkins Better Ice Company, LLC and the City of Hopkins for
lease of an ice re-surfacer and storage facility at Interlachen Park with the condition that
the neighborhood be notified of this action along with a opportunity for residents to
respond and comment on the proposal. A poll of the vote was as follows: Council
Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye;
Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
November 7, 2007 City Council Meeting Minutes Page 5
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IX. ADJOURNMENT
There being no further business, Council Member Rowan moved and Council Member
Halverson seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 9:17 p.m.
enellie, Assistant City Manager
ATTEST:
Eug ne J. axwell, Mayor
November 7, 2007 City Council Meeting Minutes
Page 6
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Respectfully Submitted,