04-06-04A regular meeting of the Hopkins City Council was held on April 6, 2004, in the
Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Brausen, Johnson, and Rowan.
Also, present were staff members Mielke, Stadler, Kerrigan, J. Anderson, Reid, and
City Attorney Jerry Steiner.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:38 p.m.
OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
Lori Duffy, Manager of Mainstreet Bar and Grill, voiced a concern about parking
tickets in the lot behind the business. Most of the employees are earning minimum
wage or a little more and can't afford parking permits for the three to four hours
that they are working. Ms. Duffy stated that she would like to see the time
increased to five hours during the daytime. The lot is not full during the daytime.
Mayor Maxwell suggested that the business buy permits and that the employees
share them. Council Member Brausen mentioned that there is a free lot for
employees at 1St St N and Mainstreet. The Council indicated that the City Manager
would contact Ms. Duffy to set a meeting to discuss the issue further.
OATH OF OFFICE
Chief Reid introduced Officer Brian DeDomines. The City Clerk administered the
oath of office. Brian's sister pinned his badge.
IV. PRESENTATION
Mayor Maxwell declared April as Child Abuse Prevention Month.
V. REPORTS -COMMITTEES/COMMISSIONS
1. Zoning and Planning Commission
Kristy Halverson reported that the Zoning and Planning Commission met last
Tuesday. They discussed the rezoning, the Comprehensive Plan Amendment, the
flag lot variance, preliminary/final plat, and conditional use permit for the Halley
Condo Project. The commission recommended approval of all. The Commission
also discussed the Zoning Amendment Ordinance for currency exchange and
recommended approval. In response to Council Member Johnson's question, Ms.
Halverson stated that no concerns about the Halley project were voiced at the
meeting.
VI. CONSENT AGENDA
1. Minutes of March 16, 2004 City Council Meeting
2. Minutes of March 23, 2004 City Council Work Session
3. Minutes of March 30, 2004 City Council Work Session
4. Ratify Prior Month's Disbursements
5. Second Reading, Ordinance Extending Bar Closing Hours (Memo)
6. Resolution Requesting Hennepin County for Easement Across HCRRA
Property at 8th Ave S (CR2004-046)
7. Wine and 3.2 Beer License Application for Chipotle's (CR 2004-053)
8. Jaycees Temporary 3.2 Beer License for Mainstreet Days (CR2004-052)
Council Member Johnson said that the minutes of the March 30th Work Session did
not reflect the discussion about sanctioning event vendors in connection with the
transient merchant licensing requirements. It was agreed that Council Member
Johnson would a-mail the changes for the minutes to the City Clerk for approval at
the next meeting.
Rafeal Rola, area manager of Chipotle, introduced himself and gave a brief History
of the business. Mayor Maxwell welcomed Chipotle to the City. ,
Council Member Rowan moved and Council Member Brausen seconded a motion to
approve the Consent Agenda as amended. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Rowan, aye; Council Member
Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
VII. OLD BUSINESS
1. Approve Bids, Order Assessment Hearing, 2004 Street Improvements
(CR2004-054)
The low bid was 5365,843.80, which is 26% below the engineer's final estimate.
Northwest Asphalt submitted the low bid. The total project cost is estimated to be
5493,889.13. This will lower the projected assessment to 520.13 per front foot,
which is 54.72 less than indicated in the pending assessment notices. Because
there were several bids and an alternative for reinforced concrete pipe and high-
density polyethylene pipe, the amount came out lower than expected.
Mr. Johnson reviewed the schedule.
Council Member Brausen moved and Council Member Johnson seconded a motion
VIII. NEW BUSINESS
to adopt Resolution 2004-022, Accepting Bid for 2004 Street and Utility
Improvement Project, Resolution 2004-023, Declaring Cost to be Assessed, and
Ordering Preparation of Proposed Assessment, Resolution 2004-24, Resolution for
Hearing on Proposed Assessments, 2004 Street and Utility Improvements, City
Project 03-10. A poll of the vote was as follows: Council Member Brausen, aye;
Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye.
Halley Project: The United Methodist church is selling the north half of their
parking lot. The applicant has proposed to construct a building consisting of
eighteen one and two family member condos just north of St Hwy 7, behind the
Methodist Church property, abutting the south line of the Oak Ridge Golf Course.
The proposed building has three stories with underground parking and access from
St Hwy 7. Benshoof and associates have completed a parking study finding no
measurable impact to the area. The exterior will be brick and stucco. They will
need a variance to create a flag lot as access from St Hwy 7. Trees will be
removed from the north side. There will be new landscaping in that area.
Mike Halley reviewed the elevations. Mr. Halley stated that the units would be
between 1500 and 3000 square feet in size. There are two and one half parking
stalls per condo in the underground garage and two stalls per condo above ground.
The School District will have an easement in perpetuity for access to their lot.
Nelson Berg, Methodist Church, stated that the Church would have more parking
than required. Mr. Halley stated that the association would maintain the access
road. They have met with Jim Rhodes, Hopkins School District, to discuss the
easement. The private road will be used as access for the School District, the
church and the project.
In answer to questions, Mr. Stadler, Public Works Director answered that they are
working with the developer to ensure that there will be enough room for a large
truck turning radius.
Mr. Halley stated that one half of the units are reserved.
Council Members discussed the amenities, lighting, a grilling area, and association
dues.
Nelson Berg stated that the easement will be drawn up and it will give the school
district access. The church and school district share parking and this will not
affect the project.
Mr. Mielke suggested that the access for the school district be made a condition.
Jerry Steiner, City Attorney, stated that a condition could be added to the variance
for the flag lot.
Mr. Halley answered that the water run-off will stay on site. Mr. Anderson,
assistant City Engineer, stated that a portion of the water will stay on site, but the
majority will run off into the pond on school district property. There is a concern
about the quality of water running into the pond and staff will continue to work
with the developer to gain some filtration.
The Zoning and Planning Commission recommended approval of all five items.
1. First Reading -Rezone for Condos, Halley Condo Project (CR2004-054)
Council Member Johnson moved and Council Member Brausen seconded a motion
to adopt Resolution 2004-025, Approving Ordinance 2004-919, Rezoning the Area
North of the United Methodist Church from Institutional to R-4 for first reading. A
poll of the vote was as follows: Council Member Brausen, aye; Council Member
Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye.
2. Comprehensive Plan Amendment for Condos, Halley Project (CR2004-
055)
Council Member Rowan moved and Council Member Brausen seconded a motion to
adopt Resolution 2004-26, Approving a Comprehensive Plan Amendment from
Institutional to High Density Multiple Family for the Site North of the United
Methodist Church. A poll of the vote was as follows: Council Member Brausen,
aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell,
aye.
3. Variance, Flag Lot, Halley Project (CR2004-056)
Council Member Johnson moved and Council Member Rowan seconded a motion to
adopt Resolution 2004-27, Approving a Variance for a Flag Lot for Oak Ridge Place
with the added condition that an acceptable cross easement be executed with the
Hopkins School District for Access to their property from the frontage road. A poll
of the vote was as follows: Council Member Brausen, aye; Council Member
Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye.
4. Preliminary/final Plat Condos -Halley Project (CR2004-057)
Council Member Brausen moved and Council Member Rowan seconded a motion to
adopt Resolution 2004-28, Approving aPreliminary/final Plat for the Property North
of the United Methodist Church. A poll of the vote was as follows: Council
Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson,
aye; Mayor Maxwell, aye.
5. CUP to Construct Condos, Halley Project (CR2004-058)
Council Member Brausen moved and Council Member Johnson seconded a motion
to adopt Resolution 2004-29, Approving to Construct Condos on the Property
North of the United Methodist Church. A poll of the vote was as follows: Council
Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson,
aye; Mayor Maxwell, aye.
6. Zoning Ordinance Amendments, Currency Exchanges (CR2004-059)
In 2002, there was an application for a zoning amendment to allow a currency
exchange as a permitted use within the B-3 zoning district. The City Council
denied this amendment and directed staff to draft an ordinance to place a
moratorium on currency exchange as a primary or secondary use within the
business districts.
Currently, the zoning ordinance does not list this type of use in the ordinance as a
primary use. Currency exchange businesses will be regulated through the
conditional use permit process. Separation requirements have been included in the
ordinance.
Council Members questioned the distance requirements; would they be from
building to building or lot line to lot line? City Manager Mielke stated that distance
is not currently defined. Staff will make the clarification for the second reading.
Council Member Rowan moved and Council Member Brausen seconded a motion to
adopt Resolution 2004-30, Approving Ordinance 2004-920, making amendments
to the zoning ordinance to allow currency exchanges as a conditional use permit
within the B-3 zoning district for first reading. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Rowan, aye; Council Member
Johnson, aye; Mayor Maxwell, aye.
7. Abumayaleh, Inc. Tobacco License (CR2004-51)
The applicant is applying for a tobacco license as a secondary use to a grocery
store. The store will be licensed as a level one, tier one food establishment.
Ms. Obermaier answered Mayor Maxwell's question, responding that the risk of
food born illness determines the level of the license. An inspection will be made
after the store is stocked to determine if the license issued is the correct level.
Council Member Rowan moved and Council Member Brausen seconded a motion to
approve a tobacco license for Abumayaleh Inc. dba US Grocery and Tobacco, 520
Cambridge Street. A poll of the vote was as follows: Council Member Brausen,
aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell,
aye.
8. Approve Moratorium Ordinance (CR2004-060)
The City of Hopkins has an ordinance, Section 1145 of the City Code, which
regulates peddlers, solicitors, and transient merchants. Recently, there has been a
consideration to eliminating the transient merchant license. Additional research by
the City Attorney is indicating that this may not be possible. At recent City
Council work sessions, the Council and staff have determined that the current
ordinance needs significant revision.
The current ordinance does not address where transient merchants are allowed.
Almost any private property can host a transient merchant. Other issues that need
to be addressed is the size of the temporary structure, how long an activity can
take place, and other regulations that are needed to protect the health and welfare
of the residents.
If the moratorium is not passed, the Council could be faced with the need to act on
a license application during the study process.
Council Member Johnson stated that the reason for reviewing the, ordinance at this
time has not been stated. Ms. Obermaier responded that recent changes in the
statute that governs the outdoor sale (transient merchant) of fireworks caused staff
to review the regulations for transient merchants.
Council Member Brausen moved and Council Member Johnson seconded a motion
to approve Ordinance 2004-922, establishing a moratorium on the issuance of any
new licenses for transient merchants. A poll of the vote was as follows: Council
Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson,
aye; Mayor Maxwell, aye.
9. Police Department Annual Report (Memo)
Chief Reid presented the past years statistics on types of calls and various types of
crime as well as current staffing situations.
IX. ADJOURNMENT
There being no further business, Council Member Brausen moved and Council
Member Johnson seconded a motion to adjourn the meeting. The meeting was
adjourned by unanimous consent at 9:30 p.m.
Respectfully Submitted,
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Terry Obe ier, City Clerk
COUNCIL MEMBERS
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ATTEST: ~ ,- '
Eu a .Maxwell, Mayor