07-03-01A regular meeting of the Hopkins City Council was held on July 3, 2001, in the
Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Brausen, Jensen, Hesch. Also,
present were staff members Mielke, Genellie, Stadler, Anderson, Bot, Davidson,
and City Attorney Jerre Miller. Council Member Johnson was absent.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:34 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
Steven Levy, 145 Van Buren Ave S, Chair of Presidential Avenues Neighborhood
Association, said that he was appearing to inform the Council of the results of a
letter that was sent to association members. Mr. Levy read the letter. The letter
stated the issue concerning the Monroe intersection and two design options. A
ballot was sent with the letter asking residents to vote for the option they
preferred. Sixty people returned ballots, eighteen for the cul de sac and 42 for the
limited access option.
Council Member Jensen said that while the Council tries to accomplish the will of
the residents, other factors may be involved that will not allow the desired result.
The limited access option might not be viable. The vote represented only one-half
of the residents; others might come forward with other views.
Council Member Hesch complemented the association for putting so much time
into the project and said that the Council welcomes the information.
Mr. Stadler reviewed the time frame. Another neighborhood meeting will be
scheduled at the end of July. The plans will go to the Zoning and Planning
Commission on July 31St and to the Council on August 7tn
III. REPORTS -COMMITTEES/COMMISSIONS
1. Zoning and Planning Commission
Maura Swanson reported that the Commission discussed the CUP for St Therese,
the side yard setback for 345 - 16ht Ave N, and the rear yard setback for 410 -
13th Ave N. They recommended approval of the CUP and the rear yard setback for
410 - 13th Ave N and denial for the side yard setback for 345 - 16th Ave N. They
also continued the discussion of the number and types of vehicles that can be
parked on residential lots.
V. CONSENT AGENDA
1. Minutes of June 19, 2001, City Council Meeting
2. Minutes of June 26, 2001, City Council Work Session
3. Ratification of prior month's disbursements
4. Schedule Public Hearings, Re: Modification of TIF District 2-1 1 Budget;
Tax Abatement/business Subsidy SuperValu; and AUAR Medics
(CR2001-81)
Mayor Maxwell asked that the notices for the public hearings in item four, be
published on Cable TV as well as the newspaper.
Council Member Hesch moved and Council Member Brausen seconded a motion to
approve the Consent Agenda. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Mayor
Maxwell, aye. The motion carried unanimously.
V. NEW BUSINESS
1. Variance, Side Yard Setback at 345 - 16th Ave N (CR2001- 84)
Nancy Anderson said that the side yard setbacks were recently changed from 8
feet to 5 feet for residential corner lots. The applicant, Bob Brandel, is requesting a
three and one half foot variance for the side yard setback at 345 - 16th Ave N for
an addition to the north side of his home. If granted, the home will be one and one
half feet from the property line. The side yard of the property abuts 4th St. The
Zoning and Planning Commission recommended denial.
Mr. Brandel appeared to present his plans.
Council Members discussed the setback and how it would affect the public right-of-
way.
City Attorney, Jerre Miller said that a variance is used as a tool to assist someone
who is disallowed under existing ordinances. The applicant must show hardship.
Hardship is a quality that is unusual or unique to the property that would not allow
strict adherence to the ordinance. There is nothing distinct about this property.
Mr. Miller said that it would be difficult to find a hardship.
Council Member Jensen asked if the item could be continued until the July 17tH
meeting to allow Council Member Johnson to vote on the issue. Council Members
discussed the sixty-day requirement. It was determined that July 17th would still
fall within the sixty-day time frame.
._ . Council Member Hesch asked what would be involved in changing the right of way
from 66 feet to 60 feet. Mr. Mielke said that typically, three feet would go to each
side of the street. An ordinance would have to be adopted. It would require two
readings. The applicant would still need a variance. Council Member Hesch said
that she would not consider both the vacation and a variance.
City Attorney, Jerre Miller recommended that if there is any change to the request,
it should go back to the Zoning and Planning Commission before Council action.
Council Member Jensen moved and Council Member Brausen seconded a motion to
continue this item until the July 17th meeting and directed staff to present
information on the process and the length of time it would take to change 4th St to
a 60-foot right-of-way and what the impact would be. A poll of the vote was as
follows: Council Member Brausen, aye; Council Member Jensen, aye; Council
Member Hesch, aye; Mayor Maxwell, aye. The motion carried unanimously.
2. Variance -Rear Yard Setback
Nancy Anderson said that the applicant, Chris Tower, is requesting cone-foot
variance to the rear yard setback at 410 - 13th Ave N to build a garage. The
required setback is three feet. The applicant has cone-stall garage and wants to
construct atwo-stall garage. A large tree in the yard and restricts the location of
the garage. The Zoning and Planning Commission recommended approval. The
present garage is two feet from the property line.
Betsy Tower appeared to present plans and answer questions.
Steve Stadler asked that the eaves did not extend beyond the two feet of setback.
Council Member Brausen moved and Council Member Jensen seconded a motion to
adopt Resolution 01-42, approving aone-foot rear yard variance at 410 - 13th Ave
N with the stipulation that the eaves do not break the plane of the setback. A poll
of the vote was as follows: Council Member Brausen, aye; Council Member
Jensen, aye; Council Member Hesch, aye; Mayor Maxwell, aye. The motion carried
unanimously.
3. Conditional Use Permit - St Therese Southwest
Nancy Anderson said that the applicant, St Therese Southwest, is proposing to
construct an addition to be used for assisted living at 101 1 Feltl Ct. The addition
will have 86 new units and be four stories high. Ms. Anderson said that the
addition is consistent with the Comprehensive Plan and with Zoning Ordinances.
Ms. Anderson reviewed the plans. The Zoning and Planning Commission
recommended approval.
Representatives of St Therese appeared to present plans and answer questions.
Council Member Jensen moved and Council Member Brausen seconded a motion to
adopt Resolution 2001-40, approving a conditional use permit to construct an
addition to St. Therese, located at 101 1 Feltl Ct. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Jensen, aye; Council Member
Hesch, aye; Mayor Maxwell, aye. The motion carried unanimously.
4. Approve Ordinance 2001- 856 for First Reading
Rick Davidson said that the changes were made to make the ordinances consistent
with the state law and more responsive to the needs of the residents. Mr.
Davidson reviewed the changes to Section 400, Building Code; Section 406, Truth
in Housing; Section 420, Buildings -Demolition; Section 425, Moving Buildings;
and Section 440, Contractor Licensing.
Council Member Brausen moved and Council Member Hesch seconded a motion to
approve Ordinance 2001-856 for first reading. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Jensen, aye; Council Member
.Hesch, aye; Mayor Maxwell, aye. The motion carried unanimously.
5. Central Business District Cleanup Program
Jim-Har-t~hor-n said that the-Git~r-C-ouncil-has-reviewed the-pr-ogr-am-at pr-evious
work sessions. The initial request for a program came from the commercial
property owners committee as a result of a walking tour of the alleyways in the
CBD. The purpose of the program is to encourage clean up and maintenance of the
Central Business District. Brooms are to be handed out to all the business owners
with a flier describing the program attached. An article will also run in the Sun
Sailor. The CBD will be inspected bimonthly. Violation notices will be issue. Time
will be given to make the corrections or request a hearing. The program would be
reviewed in one year. The cost of the brooms will be about 5600. Staff
recommended that the distribution of brooms be contingent upon the HBCA's
agreement to distribute the brooms. If that agreement were not there, the program
would move forward without the broom distribution.
Council Member Jensen moved and Council Member Hesch seconded a motion to
approve a Central Business District Cleanup Program. A poll of the vote was as
follows: Council Member Brausen, aye; Council Member Jensen, aye; Council
Member Hesch, aye; Mayor Maxwell, aye. The motion carried unanimously.
6. 6. Award Bid and Approve Construction Engineering Services Agreement
and Additional Design Services Fees -Madison Avenue Storm Sewer
Improvements, City Project 00-13
Steve Bot said the on May 15, 2001, The City Council approved final plans and
ordered bids for the Madison Avenue Storm Sewer Improvements project. Metro
Utilities submitted the low bid of $48,577. Due to the anticipated work on the
nearby Medica Development site, staff authorized the consultant to decrease the
scope of the bid and delete the improvements planned at the ABM Equipment and
Supply site. Deletion of these improvements from the project required additional
time for design. Staff requested formal approval of the construction engineering
services agreement and a fee increase of $5718.33 as well as additional final
design services fee of $1,523.03. The total amount budgeted for the project was
$125,000. The total cost of the project, including the additional fees, will be
$72,868.36.
Council Member Jensen moved and Council Member Hesch seconded a motion to
adopt Resolution 2001-43, Resolution for Award of Bid, Project 00-13 and
authorize the Mayor and City Manager to enter into an agreement with SHE
Engineering for construction engineering services and approve additional design
services fees not to exceed $1,523.03 pertaining to City Project 00-13, Madison
Avenue Storm Sewer Improvements. A poll of the vote was as follows: Council
Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye;
Mayor Maxwell, aye. The motion carried unanimously.
7. First Reading of Ordinance 2001-587
Terry Obermaier said that in the fall of 1999, the City Council adopted an
ordinance regulating massage. Section 1 160 also regulates massage, as well as
adult oriented businesses. Section 1 165 also regulates adult oriented businesses.
Section 1 160 regulates by not allowing the businesses. Section 1 165 regulates by
allowing in certain zones and by licensing. Staff proposed that the definitions other
than massage, in Section 1 160 be incorporated in Section 1 165. Regulation of
massage is addressed in Section 1 185. The rest of Section 1 160 addresses the
regulation of those adult businesses and is repetitious of Section 1 165.
Ms. Obermaier said that changing the title of Section 1 185, Regulation of Massage
Therapy, to Regulation of Massage, includes all massage.
Council Member Hesch moved and Council Member Jensen seconded a motion to
adopt Ordinance 2001-857 for first reading. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Jensen, aye; Council Member
Hesch, aye; Mayor Maxwell, aye. The motion carried unanimously.
Mr. Mielke reminded The City Council that the first meeting in August will be on
Wednesday night, August 8th because Tuesday, August 7th is National Night Out.
Council Member Hesch thanked all who participated in The Taste of Minnesota.
VI. ADJOURNMENT
There being no further business, Council Member Jensen moved and Council
Member Brausen seconded a motion to adjourn the meeting. The meeting was
adjourned by unanimous consent at 9:42 p.m.
Respectively Submitted,
Terry O rmaier, City Clerk
ATTEST:
Eug e J axwell, Mayor
COUNCIL MEMBERS