10-02-07A regular meeting of the Hopkins City Council was held on October 2, 2007, in the
Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Brausen, Youakim, Rowan, and
Halverson. Also, present were staff members Getschow, Genellie, Stadler, Elverum,
Anderson, and City Attorney Jerry Steiner.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:32 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
There were none.
III. REPORTS -COMMITTEES/COMMISSIONS
1. Zoning and Planning Commission
Lynda Flynn reported that the Commission discussed the sign variance for L.A. Fitness
and the Zoning Amendment on Tobacco use and held public hearings on both items.
The Commission recommended approval. The Commission also discussed the
Comprehensive Plan and changed the December meeting from the 25t" to fihe 19t".
2. Human Rights Commission
Judy Reiner reported the members attended the LMHRC Human Rights Conference.
Ms. Reiner listed various events and conferences that the Commission will be involved
with over the next few months. The Commission will apply for a grant from the State
Human Rights Commission for leadership training.
IV. OATH OF OFFICE
1. The oath of office was administered to three newly appointed Human Rights
Commissioners; Angie Henry, Ryan Lehrman, and Steve Miller.
V. CONSENT AGENDA
1. Minutes of September 18, 2007 City Council Meeting
2. Minutes of September 18, 2007 City Council Work Session
3. Minutes of September 25, 2007 City Council Work Session
4. Ratify Prior Month's Disbursements
5. Approve Appointment to Human Rights Commission, Moses Momanyi
(Memo)
October 2, 2007 City Council Meeting Minutes
Page 1
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6. Approve Temporary Liquor License Application for Augustana Chapel View
Homes, Inc. (CR2007-109)
Council Member Rowan moved and Council Member Youakim seconded a motion to
approve the Consent Agenda. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Youakim, aye; Council Member Rowan, aye; Council
Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
VI. PUBLIC HEARING
1. Public Hearing, Miscellaneous Assessments (CR2007-106)
The proposed special assessments that were presented for certification to the tax roll
included unpaid utility bills, citations, and invoices. Notices of the hearing were sent to
all effected property owners. Property owners were given the opportunity to file an
appeal. None were received. Council Members discussed utility bills and questioned if
rental property owners can be notified at an earlier date when renters fall behind in
utility payments. Staff will bring information on that to a future work session.
Mayor Maxwell opened the public hearing at 7:50 p.m.
Council Member Brausen moved and Council Member Halverson seconded a motion to
close the public hearing. The public hearing was closed at 8:52 p.m. by unanimous
consent.
Council Member Rowan moved and Council Member Brausen seconded a motion to
adopt Resolution 2007-065, Resolution for Adoption of Assessment Roll, 2007
Miscellaneous Special Assessments. A poll of the vote was as follows: Council
Member Brausen, aye; Council Member Youakim, aye; Council Member Rowan, aye;
Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
VII. NEW BUSINESS
1 . Sign Variance for L.A. Fitness (CR2007-107)
In August, 2007, L.A. Fitness received approval of their Site Plan to construct a fitness
center at the location of the former Town and Country Dodge, 1710 State Hwy No. 7.
At that time, L.A. Fitness indicated that they would be requesting a variance for signs.
They requested two 145- square-foot signs and one 230-square-foot sign. The
maximum size sign allowed in a B-4 zoning district is 80 square feet. The maximum
signage allowed in a B-4 zoning district is three square feet per front foot of lot. The
site is allowed 1 101 square feet of signage.
October 2, 2007 City Council Meeting Minutes
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The hardship listed is the proportion of the building to signage would warrant a larger
sign, and because it abuts a state highway where traffic is moving faster that other B-4
zones, the larger sign is necessary.
The use is in compliance with both the zoning ordinance and the Comprehensive Plan.
The Zoning and Planning Commission recommended approval.
Nancy Anderson reviewed the site plans of the signs.
In response to a question from the Council, Ms. Anderson stated that one of the
conditions listed in the resolution, is that no pylon signs will be allowed on the site.
Council Member Brausen moved and Council Member Halverson seconded a motion to
adopt Resolution 2007-066, approving a sign variance at 1710 State Hwy No. 7 for
the L.A. Fitness Health Club. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Youakim, aye; Council Member Rowan, aye; Council
Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
2. Zoning Amendment, Tobacco Uses (CR2007-108)
In April, 2007, a moratorium on tobacco sales in new locations was enacted. The
moratorium is in effect for six months and can be extended. Currently, pipe and
tobacco shops are allowed in the B-2 Zoning District as a permitted use and in other
zoning districts as an accessory use. Two areas of study were recommended with the
moratorium; the distance from various sensitive uses and limiting the floor space for
any related tobacco products.
The proposed ordinance would allow tobacco use in the B-2 zoning district 500 feet
from schools, churches, parks and the Arts Facility and makes all tobacco related uses
part of the accessory space. It would also include all related tobacco sundries in the
percentage of use.
The question was raised of whether space could be further limited with the licensing
process. City Attorney Jerry Steiner said that he would have to research that and get
back to the Council with an answer.
Council Member Youakim moved and Council Member Halverson seconded a motion to
adopt Resolution 2007-067, approving Ordinance 2007-990, adopting amendment to
tobacco use for first reading with the condition that the City Attorney respond to the
licensing issue before the second reading. A poll of the vote was as~ follows: Council
Member Brausen, aye; Council Member Youakim, aye; Council Member Rowan, aye;
Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
October 2, 2007 City Council Meeting Minutes Page 3
3. First Reading; Graffiti Ordinance (CR2007-100)
The City of Hopkins has been addressing graffiti through the existing nuisance
abatement provisions contained in Section 615 of the City Code. It was determined
that specific language regarding the responsibilities for the abatement of graffiti
including stated deadlines would help improve the abatement process. The new
language would state clearly who is responsible for graffiti, wha is responsible for the
abatement of graffiti, and sets the time limits for the abatement of graffiti.
Council Members discussed the ten-day requirement and making the "victim", property
owner responsible for the cost of removal and agreed that they would like more time to
discuss the issue
Council Member moved and Council Member seconded a motion to continue the item
to a future date. A poll of the vote was as follows: Council Member Brausen, aye;
Council Member Youakim, aye; Council Member Rowan, aye; Council Member
Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
VIII. ADJOURNMENT
There being no further business, Council Member Rowan moved and Council Member
Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 8:40 p.m.
Respectfully Submitted,
Terry Obermaier, City Clerk
ATTEST:
Eugen . M ell, Mayor
October 2, 2007 City Council Meeting Minutes Page 4
COUNCIL MEMBERS