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10-03-06A regular meeting of the Hopkins City Council was held on October 3, 2006, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Youakim, Thompson, Rowan, and Halverson. Also, present were staff members Getschow, Stadler, Kerrigan, Anderson, and City Attorney Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:30 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. OATH OF OFFICE 1. Park Board, Kate Reilly The Oath of office was administered to Kate Reilly, newly appointed Park Board member. 2. Human Rights Commission, Peter Hirsch The Oath of office was administered to Peter Hirsch. IV. REPORTS -COMMITTEES/COMMISSIONS 1. Zoning and Planning Meeting Kathryn Newcomb reported that the Zoning and Planning Commission held their meeting on September 26t". The Commission recommended approval of a conditional use permit for a special use fence at 22 - 14`" Ave N with one Commissioner voting against recommendation. The Commissioners also reviewed the site plan amendments for Walser and the former Hopkins Honda as well as amendments to conditional use permits for both. The Commission recommended approval of the four items. The Commission discussed the Comprehensive Plan and the time line for completion. They will meet on October 24t" at 5:45 p.m. for a tour of the 20t" Avenue town homes. After the tour, they will meet at City Hall. V. CONSENT AGENDA 1. Minutes of September 19, 2006, City Council Meeting 2. Minutes of September 19, 2006, City Council Work Session 3. Minutes of September 26, 2006, City Council Work Session 4. Ratify Prior Month's Disbursements 5, Approve Appointment of Abdililuah Mohamud to Human Rights Commission (Memo) October 3, 2006 City Council Meeting Minutes Page 1 6. Appointment of Election Judges for 2006 General Election (CR2006-113) 7. Approve Debt Service Levies for 2007 Tax Levy (CR2006-114) Council Member Thompson moved and Council Member Rowan seconded a motion to approve the Consent Agenda as amended. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. NEW BUSINESS 1. CUP for Fence at 22 - 14th Ave N (CR2006-108) The applicant, Susan Parker, had a fence constructed on the lot that she owns at 22 -14th Ave N. Midwest Fence did the construction. As a result of a misunderstanding about who was responsible for pulling the permit, the permit was not obtained. The fence does not meet ordinance requirements. Ms. Parker has afour-year old autistic child. The fence was erected to contain the child in the yard. Ordinance allows for conditional use permits for the construction of special purpose fences with a CUP. The Zoning and Planning Commission recommended approval. Mr. Parker came forward to explain the issue and answer questions. Don Roesner, 618 Park Valley Dr W, came forward to address the issue. Council Members discussed the special use that requires the fence. The City Attorney, Jerry Steiner explained that the conditional use stays with the property and is in effect as long as the use remains unchanged. A conditional use permit for a special use needs to meet the requirements, while a variance must show hardship. The City Council must document findings for the criteria. Ms. Anderson explained that the applicant is applying for a permit for the fence that exists now. Council Members agreed that if the house is sold, the special use is no longer in effect. Therefore, the fence should be altered to comply with the zoning ordinances if the house is sold. The City Council also agreed that if the fence had not already been built, they would approve the plan as submitted. Council Member Thompson moved and Council Member Rowan seconded a motion to adopt Resolution 2006-062, approving a conditional use permit for special purpose fence at 22 - 14th Ave N with the additional condition that at such time that the applicant is no longer the owner of the subject property, the conditional use permit will terminate. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. October 3, 2006 City Council Meeting Minutes Page 2 Judy Reinehr came forward to comment on the Oath of Office of new Human Rights Commissioner, Peter Hirsch and accomplishments of the Human Rights Commission. Ms. Reinehr received very positive comments about the presentation that was made at their conference by Sergeant Lorentz. Ms. Reinehr also thanked the City for providing the Commission with a canopy for the Arts Festival. 2. Amendment to Site Plan, Walser (CR2006-109) In 2001, Walser purchased a car wash to the west of their existing property and expanded their building and sales lot to the west. In 2003, Walser and the Luther Company subdivided the lot to the west of the existing, expanded Walser lot on Mainstreet and removed the building. Walser developed the east side of the lot into a parking area/sales area and the Luther Company has left the west side vacant. Luther was proposing to move Town and Country Dodge from Highway 7 to the former Hopkins Honda and Now Sports sites. Now, Walser is proposing to remove the former Now Sports building and expand their parking lot to St" Ave. The use is in compliance with the Zoning Ordinances and the Comprehensive Plan. The Zoning and Planning Commission recommended approval. Don Schilling, Jack Shimota, and Linda McGinty came forward to answer questions about lighting, access, unloading inventory, utilities, and watershed approval. Council Member Thompson moved and Council Member Halverson seconded a motion to adopt Resolution 2006-063, recommending approval of a site plan to expand the Walser Chrysler Jeep site at 314 Mainstreet to include the former Now Sports Property. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3 . CUP, Walser (CR2006-110) In 2003, Walser and the Luther Company subdivided the lot to the west of the existing, expanded Walser lot on Mainstreet and removed the building. Walser developed the east side of the lot into a parking area/sales area and the Luther Company has left the west side vacant. Luther was proposing to move Town and Country Dodge from Highway 7 to the former Hopkins Honda and Now Sports sites. Now, Walser is proposing to remove the former Now Sports building and expand their parking lot to 5th Ave. The use is in compliance with the Zoning Ordinances and the Comprehensive Plan. The Zoning and Planning Commission recommended approval. Council Member Youakim moved and Council Member Rowan seconded a motion to adopt Resolution 2006-064, approving amending the conditional use permit for The Walser Automotive Group to add an additional auto sales lot space to the existing Walser site located at 314 Mainstreet. A poll of the vote was as follows: Council Member Youakim, aye; Council October 3, 2006 City Council Meeting Minutes Page 3 Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Amendment to Site Plan, Former Hopkins Honda Site (CR2006-111) Hopkins Honda moved from 499 Mainstreet to the former Knox site last fall. Luther Hopkins Dodge, (former Town and Country Dodge) was proposing to move their operation from 1710 Highway 7 to the former Honda location on Mainstreet. Last February, the City Council approved a site plan and conditional use permit for the move. Now Walser Automotive Group is proposing to use the former Hopkins Honda site as part of their operation. Walser Chrysler Jeep will become Walser Chrysler Jeep Dodge. A site plan review is required because the operation is expanding and adding the former Berger King and Walser leasing sites. The proposed use is in compliance with the Zoning Ordinances and the Comprehensive Plan. The Zoning and Planning Commission recommended approval. Council Member Halverson moved and Council Member Thompson seconded a motion to adopt Resolution 2006-065, approving a site plan to expand the former Hopkins Honda location on Mainstreet to include 317 Mainstreet for Walser Chrysler Jeep Dodge. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 5. CUP, Former Hopkins Honda Site (CR2006-112) In 1985, Rudy Luther's Hopkins Honda was granted a conditional use permit for an auto sales lot at 499 Mainstreet. Hopkins Honda moved to the former Knox site last fall. Luther was granted an amendment to their conditional use permit for auto sales and a site plan approval in January 2006 to move Town and Country Dodge, which is currently located on Highway 7. Now, Walser is proposing to add the Dodge line to Walser Chrysler Jeep. Walser Chrysler Jeep will become Walser Chrysler Jeep Dodge and operate from both 314 and 499 Mainstreet. The former Burger King building was removed earlier this year, and Walser is proposing to raze the Walser leasing building located at 317 Mainstreet. The former Burger King site and Walser leasing building area will become a vehicle inventory area. The proposed use is in compliance with the Zoning Ordinances and the Comprehensive Plan. The Zoning and Planning Commission recommended approval. Council Member Rowan moved and Council Member Youakim seconded a motion to adopt Resolution 2006-066, approving a conditional use permit for the Walser Automotive Group to expand their auto sales lot at 499 Mainstreet. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. October 3, 2006 City Council Meeting Minutes Page 4 VII. ADJOURNMENT There being no further business, Council Member Thompson moved and Council Member Halverson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:55 p.m. Respectfully Submitted, Terry Obermaier, City Clerk ATTEST: ,..~c%r~ Eugen . M well, Mayor October 3, 2006 City Council Meeting Minutes Page 5