10-06-09A regular meeting of the Hopkins City Council was held on October 6, 2009, in the
Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Youakim, Brausen, Rowan, and
Halverson. Also, present were staff members Getschow, Genellie, Elverum, Harkess,
Anderson, and City Attorney Jerry Steiner.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:44 p.m.
II. OPEN AGENDA PUBLIC COMMENTS AND CONCERNS
III. COMMISSION REPORTS
1. Zoning and Planning Commission
Bob Hatlestad reported that the Commission discussed a CUP for at fence at 22 14
Ave N and interim ordinance putting a moratorium on removal of single family homes.
The Commission recommended approval of both items. The Commission also
discussed the extension of the Mainstreet Design Overlay from St. Joseph's Church to
Shady Oak Rd. Mayor Maxwell suggested a joint meeting of the City Council and
Zoning and Planning Commission when they have completed some of the work on the
plan.
IV. CONSENT AGENDA
1. Minutes of the September 15, 2009 City Council Meeting
2. Minutes of the September 15, 2009 City Council Work Session
3. Minutes of the September 22, 2009 City Council Work Session
4. Appoint Election Judges for the November 3, 2009 City and School District
Election (Cr2009 -083)
5. Ratify Checks issued in the Month of September, 2009 (Memo)
6. Approve Form of Agreement for Easements Nine Mile Creek restoration,
Project 06 -05 (CR2009 -084)
Council Member Halverson moved and Council Member Rowan 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.
V. PUBLIC HEARING
1. Adopt Resolution 2009 -049, Miscellaneous Special Assessments (CR2009-
079)
October 6, 2009 City Council Meeting Minutes Page 1
The proposed special assessments as described are for delinquent utility bills,
administrative citations and invoices. Notices of this hearing have been published, and
both notices and assessment statements have been mailed to all affected property
owners. Residents may appeal the assessment by filling out the appeal form any time
prior to the public hearing. Staff did not receive any appeals.
The Council questioned why some property owners had several properties with unpaid
utility bills on the assessment roll. Staff responded that while there may be some
residents experiencing difficult times, there are some property owners that do not pay
utility bills all year and have those utilities certified to real estate taxes. Several do this
every year. The Council agreed that they would like to review the policy on utility
payments
Mayor Maxwell opened the public hearing at 7:55 p.m.
No one came forward.
Council Member Brausen moved and Council Member Youakim seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at 7:55
p.m.
Council Member Brausen moved and Council Member Rowan seconded a motion to
adopt Resolution 2009 -049, Resolution for Adoption of Assessment Roll, 2009
Miscellaneous Special Assessments. 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. NEW BUSINESS
1. Adopt Resolution 2009 -080, Approving a Conditional Use Permit (CUP) for a
Special Purpose Fence at 22 14 Ave N (CR2009 -080)
In 2006, a conditional use permit was granted for the fence at 22 14 Ave N. The
applicant's son had autism and the higher fence between homes was needed for less
stimulation. The height of the fence between homes is six feet. One condition in the
CUP was that the fence be removed when the applicants moved.
The applicants that received the conditional use permit moved in December 2008 and
because it was winter, only the fence sections were removed. In the spring, the new
owners put the fence sections back. The new owners were notified of the requirement
to remove or alter the fence sections. The new owners have a child with Asperger's
syndrome and are applying for a conditional use permit to allow the fence to remain.
The Zoning and Planning Commission recommended approval.
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Council Member Halverson moved and Council Member Rowan seconded a motion to
adopt Resolution 2009 -050, approving a conditional use permit for a special purpose
fence at 22 14 Ave N to remain. 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.
2. Approve Resolution 2009 -051, Approving Ordinance 2009 -1007, an Interim
Ordinance Regarding the Moratorium on Demolition of Single Family Homes,
R -1 Zoning (CR2009 -081)
In 1999, a moratorium was placed on the removal of single family homes. The City
completed a study that resulted in the current ordinance. Staff is recommending that
the ordinance and study be revisited to see if the conditional use permit process is
going far enough to prevent the removal of single family homes.
The Zoning and Planning Commission recommended approval.
Council Member Halverson moved and Council Member Brausen seconded a motion to
adopt Resolution 2009 -051, approving Ordinance 2009 -1007, an interim ordinance
regarding the demolition of single family homes in the R -1 Zoning District 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.
3. Adopt Resolution 2009 -048, Approving Decertification of TIF District 2 -10
(CR2009 -078)
TIF District 2 -10 was created on October 6, 1998 within Redevelopment Project No. 1
and is commonly known as Hopkins Business Center, located on Excelsior Blvd. The
development consists of Citizens Independent Bank and Office/Warehouse space. The
duration of TIF District 2 -10 was to be 9 years from the date of receipt of the first
increment or 11 years from approval of the plan, whichever is less. The first increment
was received in 2001 and 9 years from that date would be 2010. Eleven years from
plan approval is 2009, which is the earlier date and therefore the required decertification
date.
The final payment to the developers will be made in October. The payment will fulfill the
City's obligation to the developer. Any excess TIF funds remaining once final payment
is made to the developers will be returned to Hennepin County for disbursement to the
various taxing districts. For taxes payable in 2010, this decertified district will add
approximately $6,800,000 of market value and $135,250 of net tax capacity to our
overall tax base.
Council Member Youakim moved and Council Member Halverson seconded a motion to
adopt Resolution 2009 -048, Approving Decertification of TIF District 2 -10. A poll of the
vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye;
October 6, 2009 City Council Meeting Minutes
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Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye.
The motion carried unanimously.
VIII. ADJOURNMENT
There being no further business, Council Member Brausen moved and Council Member
Halverson seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 8:16 p.m.
Respectfully Submitted,
Terry Obermaier, City Clerk
ATTEST:
Euge J. xwell, Mayor
October 6, 2009 City Council Meeting Minutes
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