07-09-2013 CCA regular meeting of the Hopkins City Council was held on July 9, 2013, 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,
Luedke, Mornson, Stadler and City Attorney Jeremy Steiner.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:12 p.m.
II. PRESENTATION
Presentation of German City
Mayor Maxwell welcomed and presented City of Hopkins gifts to a visitor and city employee from
the country of Germany.
Proclamation: Hopkins Raspberry Festival
Ms. Lou Jean Gleason gave an overview of the 79th Raspberry Festival events. Mayor Maxwell
thanked the Raspberry Festival volunteers for all their hard work.
III. CONSENT AGENDA
1. Minutes of the June 18, 2013 Council Meeting
2. Minutes of the June 18, 2013 Work Session Following the Council Meeting
3. Ratify Checks for the Month of June 2013
4. Adopt Resolution 2013-038, Approval to Support, Minnehaha Creek Watershed District - Blake
Road, Storm Water Management Treatment Plan; (CR 2013-067)
5. Approve 2012-2014 Police Sergeants' Contract; (2013-065)
Council Member Cummings moved and Council Member Halverson seconded a motion to approve
the Consent Agenda. 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.
IV. NEW BUSINESS
1. Adopt Resolution 2013-035. Approving Charitable Gambling Premises Permit for Lawful
Gambling for Hopkins Raspberry Festival; (CR 2013-064)
Ms. Luedke gave an overview of the charitable gambling application for Hopkins Raspberry
Festival to conduct lawful gambling at Lindee's Saloon and Eatery effective August 1, 2013.
Lindee's Saloon and Eatery has served a 30 -day written notice to the Hopkins Area Jaycees to
terminate their lease effective July 30, 2013. No additional charitable gambling permits are being
issued; it is just a change of vendors.
Council Member Halverson moved and Council Member Youakim seconded a motion to approve
the Charitable Gambling Premises Permit for Lawful Gambling for Hopkins Raspberry Festival. 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. Adopt Resolution 2013-34A, Denying a Rear Yard Setback Variance at 6 Manitoba Road;
(CR2013-062)
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Ms. Anderson gave an overview of the application for the rear yard variance at 6 Manitoba Road.
The Zoning and Planning Commission reviewed the application and recommended approval by a 4-
2 vote with the following findings of fact:
1. That the applicants do have a circumstance peculiar and unique to the parcel.
2. That the existing rear yard setback is not the required setback of 40 feet.
3. That there are practical difficulties with the proposed porch.
4. That the variance will not alter the essential character of the neighborhood.
In addition the Zoning and Planning Commission recommended the condition that the screened
porch is never converted to an addition with windows, insulation and heat.
Staff opinion is that there is no practical difficulty and is recommending denial of the application.
The applicants, Jane and David Kirshbaum, came forward and addressed Council regarding the
proposed addition of a screen porch.
There was much Council discussion regarding set backs for decks & detached structures, neighbor
comments, no tree removal necessary, discussion of possible location alternatives for porch, roof
pitch, sight lines, reasonable use of the property, interior difficulty, large lot sizes, practical
difficulties and how the conditions of the variance are enforced.
Mr. Steiner advised the Council regarding the standards for variances, findings that would support
practical difficulties and the need to identify something unique about this property. Mr. Steiner
advised the Council to add to the first finding of fact:
1. That the applicants do have a circumstance peculiar and unique to the parcel because of
the extraordinary front yard set back & that the existing house was built to the rear yard
set back and that the interior layout is such that the porch can only be located where it
encroaches into the rear yard.
Council Member Gadd moved and Council Member Halverson seconded a motion to Adopt
Resolution 2013-3413, approving a rear yard setback variance at 6 Manitoba Road to construct a
screened porch with the additional 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.
3. Zoning Amendment — Loading Docks; (CR 2013-061)
Ms. Anderson addressed the Council regarding an amendment to the loading dock zoning
ordinance. Ms. Anderson explained that when Shady Oak Road is reconstructed, Syndicate Sales
will move to the north into a building occupied by Snap Print. There currently is a loading dock on
the back of this building; however, it needs to be modified. The ordinance requires loading docks to
be 50 feet from a residential district. The modified loading dock will not satisfy the 50 feet
requirement, nor does the existing loading dock. The proposed ordinance will allow a modified
loading dock on the existing building and is site specific.
There was Council discussion regarding the existing loading dock, maintaining the buffer area, and
that the dock is used approximately six times a year.
Mr. Stadler addressed the Council stating that the alley reconstruction is included in the Shady Oak
street project.
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Mr. Steiner addressed Council regarding that the amendment is drafted so it only applies to this site.
Council directed staff to have the City of Minnetonka review the zoning amendment prior to the
second reading.
Council Member Cummings moved and Council Member Halverson seconded a motion to adopt
Resolution 13-33, adopting Ordinance 13-1062, amending the zoning ordinance regarding loading
docks. 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. Planning Update — Fences and Signs; (Memo)
Ms. Anderson gave an overview of permit requirements to construct a fence, examples of types of
fences allowed and that signs in public right-of-ways not allowed and subject to removal. Signs are
allowed on private property.
5. Adopt Resolution 2013-036, Ordering Public Hearing for 2014 Street Improvement; (CR 2013-
066)
Mr. Bradford addressed the Council regarding ordering the public hearing for the 2014 street and
utility improvement project. The feasibility report will be presented to Council on August 5, 2013
followed by the Public Improvement Hearing. The first public information meeting will be held on
July 10, 2013. Mr. Bradford gave an overview of the project, budget, project schedule, assessments
and water service line bidding.
There was much Council discussion regarding the public information meeting and getting input
from property owners regarding proposed landscaping plans.
Mr. Stadler addressed the Council regarding the concept and final landscaping plans and that the
property owners will not be assessed for cost of the landscaping.
Council Member Halverson moved and Council Member Cummings seconded a motion to adopt
Resolution 2013-036, Resolution Ordering Public Improvement Hearing, 2014 Street and Utility
Improvements, Project 2013-10. 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.
6. Adopt Resolution 2013-037, Approving Traffic Control Signal Agreement, Highway 7 and 5th
Avenue North/Oak Ridge Road; (CR 2013-067)
Mr. Bradford gave an overview of the traffic signals that MnDOT are replacing at Highway 7 and
5th Avenue N/Oak Ridge Road. Mr. Bradford reviewed the city's responsibilities for minor
maintenance, the signal upgrades and the city's cost share. The project is scheduled for September
and will take approximately one month to complete.
Council Member Cummings moved and Council Member Gadd seconded a motion to adopt
Resolution 2013-037, Approving Traffic Control Signal Agreement, Highway 7 and 5th Avenue
North/Oak Ridge 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.
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V. ANNOUNCEMENTS
• Arts Festival is Saturday, July 13, 2013 and Sunday July 14 from 10 am to 5 pm.
• Raspberry Festival from July 13 — July 21
• Raspberry Festival Family Day is Saturday, July 20 from 9 am to 4 pm
• Raspberry Parade is on Sunday, July 21 at 1 pm
• Mr. Bradford gave an update on 2013 street and utility project.
• A representative of the Hopkins Jaycees gave an overview of Tent Dance bands at 9t" and
Mainstreet on July 19 and 20.
VI. ADJOURNMENT
There being no further business, Council Member Youakim moved and Council Member Halverson
seconded a motion to adjourn the meeting. The meeting was adjourned at 8:23 p.m.
Respectfully Submitted,
Debbie Vold
ATTEST:
EugertVJ. YiXwell, Mayor
COUNCIL MEMBERS
Kristine A. Luedke, City Clerk
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