06-05-2012 CCA regular meeting of the Hopkins City Council was held on June 5, 2012, in the Council
Chambers of the Hopkins City Hall.
Present were Mayor Maxwell, Council Members Cummings, Gadd, Halverson and Youakim.
Also, present were staff members Anderson, Bradford, Elverum, Genellie, Mornson, Reynolds,
Stadler and City Attorney Jason Hutchison.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:40 p.m.
II. PRESENTATION
1. Swearing in for Police Officer Craig Kreiling to Sergeant
Chief Reynolds introduced Sergeant Kreiling. Mr. Genellie issued the Oath of Office. Sergeant
Kreiling's wife pinned on his badge.
2. Swearing in of Three Police Reserves, Helmut Wenshau, Nicholas Stamboulieh and Adam
Gallagher
Chief Reynolds introduced the three new Police Reserves. Mr. Genellie issued the Oath of Office
and they were issued their badges.
III. REPORT
1. Zoning and Planning Report
Andrea Koehn Naef of the Zoning and Planning Commission reported on the following items:
Preliminary/final plat at 249 Interlachen Road
Conditional use permit to operate a contractor's yard at 643 -13th Avenue South
Approval of a site plan to remodel the former Mayon Plastics building into a retail
building at 415 - 17th Avenue North
Placing an overlay zoning of Planned Unit Development (PUD) at 415 - 17th Avenue North.
The Zoning and Planning Commission unanimously voted to approve the above four items. The
Commission also discussed the concept review of the Blake School property and elected officers.
VI. CONSENT AGENDA
1. Minutes of the May 15, 2012 Council Meeting
2. Minutes of the May 15, 2012 Work Session Following the Council Meeting
3. Ratify Checks for the Month of May
4. Growers Market Agreement; (CR 2012-045)
5. Approve a Temporary Liquor License for Hopkins Jaycees for the Raspberry Festival Street
Dance for July 13th and 14th; (CR 2012-044)
6. Approve Resolution to Transfer Park Nicollet Site Property; (CR 2012-062)
7. Approval of Special Assessment Deferral for 303 — 6th Ave North;(CR 2012-056)
8. Award Contract for Maetzold Field Improvements, Project Package #1; (CR 2012-058)
9. Award Contract for Maetzold Field Improvements, Project Package # 2;(CR 2012-057)
Mr. Stadler updated Council on the Maetzold Field improvements project and project timetable.
Ms. Anderson updated Council regarding the Growers Market Agreement.
Representatives of the Hopkins Jaycees updated the Council on the Street Dance to be held July
13 & 14.
Ms. Elverum updated the Council on Consent Agenda item #6.
Council Member Cummings excused herself from voting on Consent Agenda item #7 because
her property is in the street/utility assessment area.
Council Member Youakim moved and Council Member Gadd seconded a motion to approve the
Consent Agenda except for item number 7. A poll of the vote was as follows: Council Member
Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member
Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously.
Council Member Halverson moved and Council Member Gadd seconded a motion to approve
Consent Agenda item number 7. A poll of the vote was as follows: Council Member Gadd, aye;
Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The
motion carried.
V. HEARING
1. Hearing on Revocation of Massage Business License at 901-1 st Street North; (CR 2012-046)
Chief Reynolds addressed the Council regarding the revocation of the Massage Business License
at 901-1 st street North. Chief Reynolds gave an overview of the complaints, search warrant,
recorded undercover operation, arrest and evidence seized. Chief Reynolds reviewed the
Findings of Fact, the Hopkins ordinances and State Statutes with the Council. Staff is
recommending a revocation of the Massage Business License.
License Holder, Yu Ying Chen, addressed the Council with the assistance of a Chinese -
Mandarin Language Interpreter regarding her employee and the incident.
City Attorney Hutchison advised the Council about the decision to revoke the business license,
responsibility of the license holder and the ongoing criminal investigation.
There was much discussion by Council regarding the employee hiring process by the business,
proof of employee licensure, the public complaints, the probable cause for a search warrant and
the length of time the business has been in operation.
Mr. Genellie addressed the Council about licensing of a massage business.
Council Member Cummings moved and Council Member Youakim seconded a motion to accept
the Findings of Fact. A poll of the vote was as follows: Council Member Cummings, aye;
Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye;
Mayor Maxwell, aye. The motion carried unanimously.
Council Member Halverson moved and Council Member Cummings seconded a motion to adopt
Based upon the arguments, testimony, documents and other evidence submitted, move to revoke
the Massage Therapy Establishment license issued to Yu Ying Chen at 901 1St Street North for
violation of State Statutes 609.321 and Hopkins Ordinance 1185 and adopt the findings of fact
and decision and authorize Mayor and City Clerk to complete same and provide to named party.
A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye;
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Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The
motion carried unanimously.
2. Hearing on Revocation of Massage Business License at 1209 Mainstreet; (Cr 2012- 047)
Chief Reynolds addressed the Council regarding the revocation of the Massage Business License
at 1209 Mainstreet. Chief Reynolds gave an overview of the complaints, search warrant,
recorded undercover operation, arrest and evidence seized. Chief Reynolds reviewed the
Findings of Fact, the Hopkins ordinances and State Statutes with the Council. Staff is
recommending a revocation of the Massage Business License.
License holder, Wei Pan, addressed Council with the assistance of a Chinese -Mandarin
Language Interpreter regarding the incident.
City Attorney Hutchison advised the Council about the decision to revoke the business license.
There was discussion by Council about the length of time the current business owner has been in
operation.
Council Member Halverson moved and Council Member Gadd seconded a motion to accept the
Findings of Fact. A poll of the vote was as follows: Council Member Cummings, aye; Council
Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor
Maxwell, aye. The motion carried unanimously.
Council Member Gadd moved and Council Member Halverson seconded a motion to adopt
Based upon the arguments, testimony, documents and other evidence submitted, move to revoke
the Massage Therapy Establishment license issued to Wei Pan at 1209 Mainstreet for violation of
State Statutes 609.321 and Hopkins Ordinance 1185 and adopt the findings of fact and decision
and authorize Mayor and City Clerk to complete same and provide to named party. A poll of the
vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council
Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion
carried unanimously.
3. Hearing on Revocation of Individual License for Yazhi Xiao from Asian Massage Located at
1209 Mainstreet; (CR 2012-048)
Chief Reynolds addressed the Council regarding complaints of prostitution, search warrant, the
recorded undercover operation, arrest and evidence seized.
Chief Reynolds reviewed the Findings of Fact with the Council.
Ms. Xiao addressed the Council with the assistance of a Chinese -Mandarin Language Interpreter
regarding the incident.
Sergeant Glassberg, lead supervisor on the operation, addressed the Council regarding the arrest
statement.
Council Member Cummings moved and Council Member Halverson seconded a motion to
accept the Findings of Fact. A poll of the vote was as follows: Council Member Cummings, aye;
Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye;
Mayor Maxwell, aye. The motion carried unanimously.
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Council Member Halverson moved and Council Member Gadd seconded a motion to adopt
Based upon the arguments, testimony, documents and other evidence submitted, move to revoke
the Massage Therapist license issued to Yazhi Xiao for violation of State Statutes 609.321 and
Hopkins Ordinance 1185 and adopt the findings of fact and decision and authorize Mayor and
City Clerk to complete same and provide to named party. A poll of the vote was as follows:
Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye;
Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously.
VI. PUBLIC HEARING
1. First Reading; Revision of City Charter; (CR 20102-050)
Mr. Genellie addressed the Council regarding the first reading for the revision of the City
Charter. The ordinance would revise the wording of the Charter in regards to amending
ordinances and it would incorporate the state timeline for filing for office into the Charter.
There was discussion by Council regarding no change to the election dates and conformance
with state law for filing dates.
Mayor Maxwell opened the public hearing at 9:05 pm. There were no comments.
Council Member Youakim moved and Council Member Halverson seconded a motion to close
the public hearing. A poll of the vote was as follows: Council Member Cummings, aye; Council
Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor
Maxwell, aye. The public hearing was closed at 9:06 pm.
Council Member Youakim moved and Council Member Cummings seconded a motion to
Approve Ordinance 2012-1045 for first reading. A poll of the vote was as follows: Council
Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council
Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously.
VII. NEW BUSINESS
1. Approve Preliminary/Final Plat for 249 Interlachen Road; (CR 2012-051)
Ms. Anderson, City Planner, gave an overview of the preliminary/final plat for 249 Interlachen
Road and proposed usage of the lot. The Zoning & Planning Commission unanimously approved
the item.
There was much discussion by Council regarding the lot and its proposed usage.
A representative for the applicant addressed the Council regarding the usage of the lot.
Council Member Cummings moved and Council Member Youakim seconded a motion to adopt
Resolution 12-31, approving a preliminary/final plat at 249 Interlachen Road. A poll of the vote
was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member
Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried
unanimously.
2. Approve Conditional Use Permit for 643 —13th Ave South; (CR 2012-052)
Ms. Anderson gave an overview of the conditional use permit. The Zoning & Planning
Commission unanimously approved the item.
There was much discussion by Council regarding the Conditional Use Permit for open storage,
screened fencing, improvements done to the property and the height of the fence and materials.
Council Member Gadd moved and Council Member Youakim seconded a motion to adopt
Resolution 12-32, approving a conditional use permit to operate a contractor's yard at 643 -13th
Avenue South. A poll of the vote was as follows: Council Member Cummings, aye; Council
Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor
Maxwell, aye. The motion carried unanimously.
3. Approve Site Plan Review for 415 —17th Ave North; (CR 2012-053)
Ms. Anderson addressed the Council regarding the site plan review, the proposed plan, access
points to the property, the neighborhood meeting and the types of uses allowed in the B-4 zone.
The Zoning & Planning Commission unanimously approved the item.
There was much discussion by Council regarding building rear access, lighting, the
neighborhood meeting, the art dedication fee, building designfacade, parking spots, landscaping,
signage, drainage and types of possible retail businesses.
Sheldon Berg, representing the applicant, addressed the Council regarding the neighborhood
concern about location & screening of trash, lighting, rooftop air conditioning units, access to the
property and how to orient traffic towards 17th Avenue.
Mr. Stadler addressed the Council regarding the drainage on the property and utility
infrastructure.
Council Member Youakim moved and Council Member Gadd seconded a motion to Adopt
Resolution 12-33, approving a site plan to remodel the former Mayon Plastics building into a
retail building at 415 - 17th Avenue North. A poll of the vote was as follows: Council Member
Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member
Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously.
4. Approve Rezoning PUD for 415 —17th Ave North; (CR 2012-054)
Ms. Anderson addressed the Council regarding rezoning PUD that would allow flexibility in the
site development. Staff recommends the following for the PUD agreement; no backlit canned
signs, bike parking and art dedication fee. The Zoning & Planning Commission unanimously
approved the item.
Council Member Cummings moved and Council Member Halverson seconded a motion to adopt
Resolution 12-34, approving Ordinance 12-1049, placing an overlay zoning of Planned Unit
Development (PUD) at 415 - 17th Avenue North for first reading. A poll of the vote was as
follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member
Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried
unanimously.
5. Approve Concept Review for Blake School; (CR 2012-055)
Ms. Anderson reviewed the concept plan for the Blake School property on the east side of
Harrison Avenue. Ms. Anderson stated that this is a concept and there would be no action taken
tonight. The proposal is to construct a water retention pond on the corner of Harrison Avenue
and Excelsior Boulevard. The existing five homes would be improved and used for staff housing
and a day care for the faculty of Blake School.
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Representatives of Blake School, Ken Nivala and Marc Bogursky gave an overview of the
master plan for the Blake School site.
There was much discussion by Council concerning the drainage, retention pond, existing homes,
barrier between homes and school, traffic flow on campus, alley access, resident concerns,
maintaining the neighborhoods and the future long-term plans for the campus.
Mr. Stadler and Mr. Bradford addressed the Council regarding the alley access, storm sewer
system, retention pond and water main upsizing.
Ms. Elverum addressed the Council regarding the development agreement.
6. Approve Contract for HVAC at the Hopkins Activity Center; (CR 2012-059)
Mr. Stadler addressed the Council regarding the contract for HVAC improvements at the
Hopkins Activity Center. The Activity Center will be closed July 21 -August 17 during the
project with some of the programs temporarily housed in other city buildings.
There was discussion by the Council regarding future kitchen design and exhaust requirements to
be completed at a later date.
Council Member Youakim moved and Council Member Halverson seconded a motion to adopt
resolution 2012-036, resolution for award of contract, Hopkins Activity Center HVAC Upgrade,
city project 2012-07. A poll of the vote was as follows: Council Member Cummings, aye;
Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye;
Mayor Maxwell, aye. The motion carried unanimously.
7. Order Feasibility Study 2013 Street Project; (CR 2012-060)
Mr. Bradford, City Engineer, addressed the Council regarding the 2013 street project. Mr.
Bradford reviewed the area designated for street improvements, the road condition index, and the
preliminary schedule. The schedule for the public hearing has been moved up to avoid the
holiday season, assist with budgeting and increase public input. Staff recommends using Bolton
& Menk, Inc. to prepare a Feasibility Report for the 2013 street and utility improvements, a firm
with considerable Hopkins experience. Due to the large area of the street project, staff is
recommending doing the project over a 2 -year period.
There was much discussion by the Council regarding the road design on West Park Road,
tentative dates for public information meetings and the reason for change of dates.
Council Member Gadd moved and Council Member Youakim seconded a motion to adopt
Resolution 2012-037, Resolution Ordering the Preparation of a Feasibility Report for the 2013
Street and Utility Improvements and authorize Mayor and City Manager to enter into an
agreement with Bolton & Menk, Inc. to prepare the report. A poll of the vote was as follows:
Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye;
Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously.
8. Award Bid — Excelsior Blvd. Sanitary Sewer Lining; (CR 2012-061)
Mr. Bradford addressed the Council regarding the sanitary sewer lining project and the project
schedule.
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There was discussion by the Council regarding the minimal disruption to the public and directing
staff to inform business owners in the area of the project.
Council Member Halverson moved and Council Member Cummings seconded a motion to adopt
Resolution 2012-038, Resolution for Award of Bid, Excelsior Boulevard Sanitary Sewer Lining,
City Project 2011-08. A poll of the vote was as follows: Council Member Cummings, aye;
Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye;
Mayor Maxwell, aye. The motion carried unanimously.
VIII. OTHER BUSINESS
1. Host Families for Ukraine Students; Irina Fursman and Natalia Krasnobaieva
Ms. Krasnobaieva and Ms. Fursman introduced the Youth Leadership Engagement Project which
will bring 17 international students from the Ukraine to learn about Hopkins & the local
community, share talents, discover leadership opportunities and participate in a variety of events.
Dates of the project are September 15 -October 13, 2012 and host families for the students are
still needed.
IX. ADJOURNMENT
There being no further business, Council Member Halverson moved and Council Member
Cummings seconded a motion to adjourn the meeting. The meeting was adjourned at 10:48 p.m.
OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS
There were no comments.
Respectfully Submitted,
Debbie Vold
CO CIL MEMBERS
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