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Minutes of the Council Meeting on 8-4-2014A regular meeting of the Hopkins City Council was held on August 4, 2014 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, Elverum, Genellie, Mornson, Stadler, Stanley and City Attorney Kim Kozar. L CALL TO ORDER Mayor Maxwell called the meeting to order at 7:04 p.m. 11. CONSENT AGENDA 1. Approve Minutes of the July 15, 2014 Council Meeting 2. Approve Minutes of the July 15, 2014 Work Session Following the Council Meeting 3. Approve Minutes of the July 22, 2014 Work Session 4. Ratify Checks for the Month of July, 2014; (Memo) 5. Second Reading of Ordinance 2014-1071, Off -Sale Liquor Store Restrictions; (Memo) 6. Second Reading of Ordinance Amending Section 2005, Misdemeanors; Miscellaneous Provisions; (Memo) 7. Second Reading of Ordinance to Amend City Code Relating to Procedures for the Collections and Deferment of Special Assessments; (Memo) 8. Move to Approve the First Amendment to Corridors of Opportunity Challenge Fund Redevelopment Agreement for Stn Avenue Corridor Project; (CR 2014-082) Mr. Genellie, Assistant City Manager, addressed the Council regarding Consent Agenda 45. The City received a letter requesting a modification of the ordinance that limits the size of liquor establishments. Staff and the City Attorney will continue discussions regarding alternative language for off -sale liquor store size restrictions. The second reading of the ordinance tonight is for limiting the number of liquor licenses not the size of liquor stores. Staff will keep Council updated. Council Member Cummings moved and Council Member Gadd 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. III. NEW BUSINESS 1. Comprehensive Plan Amendment PPL: Change the Land Use Plan from Low Density Residential to Mixed Use at 1202-1304 Oxford Street; (CR 2014-074) Ms. Anderson, City Planner, addressed the Council regarding the Comprehensive Plan Amendment. Ms. Anderson gave an overview of the six duplexes that have been purchased to construct a 51 -unit apartment building. Currently the site is zoned low density residential. The Zoning and Planning Commission unanimously recommended adoption of mixed use zoning for the site. There was Council discussion regarding rezoning the site if the project does not proceed. Ms. Anderson advised that the site would remain zoned as mixed use and that the Comprehensive Plan Amendment is subject to Metropolitan Council approval. Council Member Youakim moved and Council Member Gadd seconded a motion to adopt Resolution 14- 34, approving a Comprehensive Plan amendment from Low Density Residential to Mixed Use at 1202- 1304 Oxford Street. 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 2014-035, Approving Ordinance 2014-1075, Rezoning PPL: Consider Rezoning of the Property at 1202-1304 Oxford Street from R-2 to Mixed Use for First Reading; (CR 2014-075) Ms. Anderson addressed the Council regarding the rezoning recommendation to change the site to mixed use. Rezoning would make the Comprehensive Plan and zoning consistent. Council Member Halverson moved and Council Member Cummings seconded a motion to adopt Resolution 14-35, approving Ordinance 14-1075, rezoning the property at 1202-1304 Oxford from R-2 to Mixed Use for first reading. 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. Rezoning PUD — PPL: Consider a Planned Unit Development Overlay for the Redevelopment of 1202- 1304 Oxford Street; (CR 2014-076) Ms. Anderson gave an overview of the mixed use designation and rezoning with an overlay zoning of Planned Unit Development (PUD). The PUD will be an agreement with specific development and design aspects. Council Member Cummings moved and Council Member Halverson seconded a motion to adopt Resolution 14-36, approving Ordinance 14-1076, placing an overlay zoning of Planned Unit Development (PUD) for the Oxford Village apartments for first reading. 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. Adopt Resolution 20104-077, Approving a Preliminary Plat — PPL: Consider to combine the Lots at 1202-1304 Oxford Street into One Lot; (CR 2014-077) Ms. Anderson gave an overview of the proposed development that will combine six parcels into one with no lot lines. There was Council discussion regarding the Park Dedication Fee. The fee is payable at the building permit stage and will be in the amount of $800 per unit. Council discussed if the site could be subdivided in the future. Ms. Anderson commented that any property could possibly be re -platted. Council Member Gadd moved and Council Member Cummings seconded a motion to adopt Resolution 14-77, approving a preliminary/final plat to combine 1202-1304 Oxford Street into one lot. 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. 5. Adopt Resolution 2014-038, Recommending a Site Plan Approval —PPL: Consider the Construction of a 51 Unit Apartment Building at 1202-1304 Oxford Street; (CR 2014-078) Ms. Anderson gave an overview of the Site Plan Approval. Ms. Anderson reviewed the project location, proposed building, landscaping and parking. Ms. Anderson commented that a traffic study was done to address the concerns of area residents regarding parking and traffic. There was Council discussion regarding the parking ratio. There are 1.2 parking spaces per unit with visitor parking spaces and parking available along Oxford Street. Mr. Stadler addressed the Council 2 regarding Cottageville Park parking. The north end of the Cold Storage Site is a future potential parking site location for park users. PPL representatives Chris Wilson, Architect Michele Baltus-Pribyl, Project Manager Matt Soucek and Apartment Management Mary Thering addressed the Council regarding the project. Mr. Wilson gave an overview of the Oxford Village project, a 51 -unit affordable apartment project. Mr. Wilson gave an overview of rents, income guidelines, 4 supportive housing units and 61 parking spots. The project has added additional parking spots to address neighborhood concerns. Mr. Wilson gave an overview of the staffing, on-site programming for residents and discussed their intention to engage local partnerships. There was Council discussion regarding the 4 units of supportive housing. Mr. Wilson addressed the Council regarding the qualifications to rent the supportive housing units. The PPL representatives reviewed the length of leases, occupancy limits, guest requirements and security measures. There was Council discussion regarding the Rental License Ordinance. Ms. Elverum, Director of Economic Development and Planning, will send a copy of the Ordinance to the PPL staff. The Architect gave an overview of site plan, location and building features including public controlled entrances, parking, offices, community room, floor plans, connection to Cottageville Park, landscape, sustainable green features, bike storage and balconies. PPL representatives discussed the gateway to Cottageville Park, exterior security cameras, downcast lighting, sprinklers, and location of the indoor trash room. There was Council discussion regarding the exterior building materials and colors. Ms. Elverum stated that a condition of the PUD would be approval of exterior color selections. There was Council discussion regarding the utility services. Mr. Stanley, City Engineer, discussed with Council that the water and sewer lines are appropriately sized for the project. Mr. Wilson discussed the project timetable. The plan is to start construction in the summer of 2015 dependent on financing with the construction time of approximately one year. Neighborhood resident questions and concerns were answered through the Zoning and Planning meeting and neighborhood meetings. Council discussed that the number of units being constructed almost equals the number of apartment units that have been taken out for the park redevelopment. Council also commented that the traffic study demonstrated that only seven cars were added during peak times on Oxford Street. Ms. Elverum addressed Council regarding the PUD conditions, complexity of the financing and that no city funds were used for the project. Council Member Youakim moved and Council Member Halverson seconded a motion to adopt Resolution 14-38, recommending approval of a site plan to construct a 51 -unit apartment building at 1202-1304 Oxford Street. 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. Concept review 1609 Mainstreet (CR 2014-080) Ms. Anderson gave an overview of the proposed site plan for 1609 Mainstreet. The property owners are proposing office space on the ground floor with two housing units on the upper floor. Ms. Anderson 3 stated that residential is allowed in the B-3 zoning district. The Zoning and Planning Commission reviewed the concept and viewed the plan positively. Mr. Tim Whitten, Whitten and Associates, Inc., addressed the Council and presented an initial concept review. Mr. Whitten gave an overview of the existing site, building proposal, parking, square footage, elevations and possible exterior materials. There was Council discussion regarding the commercial truck parking and screening of outside storage and trash from neighbors. Mr. Whitten stated that there would be a meeting with neighboring business owners and residents. Council suggested that the property owners discuss signage, lighting and outside storage with city staff. 7. Adopt Resolution 2014-039, Parking Space Size Variance — Alice Smith Elementary School; (CR 2014-079) Ms. Anderson addressed the Council regarding an application for a parking space size variance at Alice Smith Elementary School. The School District would expand the parking area by adding 43 more parking spots. The ordinance requires 9'x20' spaces and the proposed plan is for 9'x18' spaces. There was Council discussion regarding the loss and possibility of moving trees. Mr. Stadler advised Council that saving four trees would lose 6-8 parking spots and that the possibility of moving the large trees would have to be reviewed. There was Council discussion regarding the safety issue of removing the sidewalk. Ms. Anderson stated that the removal of the sidewalk was a concern of the Zoning and Planning Commission and that replacement of the sidewalk is a condition of the resolution and agreement. Mr. Patrick Poquette, Hopkins School District Supervisor of Building and Grounds, and Mr. Neil Tessier, Hopkins School District Engineer, came forward to address the Council. Mr. Poquette explained the reason for increased parking space needs is for morning and afternoon student drop-off as well as staff and volunteer parking. Mr. Poquette explained that students do not use the sidewalk during the day and that replacement would be in 2015 due to budget issues in 2014. There was Council discussion regarding student walking safety and position of crossing guards. Mr. Tessier discussed the location of the new sidewalk and logistics of moving existing electrical. There was Council discussion regarding the resident fence, new parking lot fence, maintenance and landscaping. The landscaped area between fences will be maintained by the School District. The City Ordinance requires a 4 -foot fence to contain lights at a parking lot in a residential area. There was much Council discussion regarding the need to investigate a better solution rather than have two fences with 12 feet between them. Council stressed that there needs to be discussion between the Homeowner, School District and city staff regarding the fencing, aesthetics, landscaping, quicker solution to sidewalk replacement and timing of snowplowing. Ms. Anderson has notified property owner of the possible proj ect. The School District representatives discussed the timing of the parking lot project. The project would take approximately three weeks and would start as soon as possible. Mr. Stadler advised the Council that the property is a public right of way but the School District would maintain it under a license and use agreement. Ms. Anderson discussed that the Council could grant the variance and then detail the issues of the fencing, snow plowing and sidewalk as a condition of the lease agreement. Council consensus is to grant the variance for the smaller parking spaces and add the conditions to the lease agreement. 0 Council Member moved Halverson and Council Member Gadd seconded a motion to adopt Resolution 14-39, approving a parking space size variance on the former Minnetonka Mills Road to the south of Alice Smith Elementary School. 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. 8. License and Use Agreement with School District 270 for the Construction of Parking Lot on Minnetonka Mills Road Right of Way; Stadler (CR 2014-081) Mr. Stadler, Public Works Director, addressed the Council regarding the license and use agreement with the School District for construction of the parking lot. Mr. Stadler gave an overview of the terms and conditions of the license agreement as put together by the City Attorney's office. The agreement needs to be approved by the School Board also. There was Council discussion regarding liability. The City Attorney advised the Council on the Indemnification Clause that protects the city against any or all claims. There was Council discussion regarding solutions to the fence. Ms. Anderson discussed the possibility that the area could be heavily landscaped and finish off the remainder of the fence. The School District representatives will discuss options with the homeowner and notify city staff. The School District discussed the cost estimates of the project. The Watershed District requires the addition of a $63,000 water infiltration system. Council discussed the approval of the license and use agreement with the conditions of fencing, sidewalk, and snowplow timing. The City attorney advised the Council regarding the wording of the agreement. Council Member Youakim moved and Council Member Gadd seconded a motion to approve a license and use agreement with Independent School District 270 for the construction and use of a parking lot within the Minnetonka Mills Road right of way subject to staff and City Attorney approval on alternative screening solution for the parking lot, workable snowplow management plan and replacement of the sidewalk in a year. 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. 9. Move to Approve Professional Services Agreement, Park System Reinvestment Plan; (CR 2014-084) Mr. Stadler addressed the council regarding the Park System Reinvestment Plan. The Plan is a focused effort to reinvest and improve the park system with defined goals and priorities. Mr. Paul Paige of Hoisington-Koegler Group Inc., gave an overview of the plan and process including the importance of public input. The architectural firm will work with staff throughout the process and provide updates to the Council. There was Council discussion that the Franchise Fees are being used for the park upgrades and that the plan will assure that the dollars are being used efficiently. Council Member Gadd moved and Council Member Cummings seconded a motion to approve the selection of Hoisington-Koegler Group, Inc. to develop a Park System Reinvestment Plan and authorize the Mayor and City Manager to execute the professional services agreement in the amount of $39,800. 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 5 unanimously. 10. Accept the Feasibility Report and Order Public Improvement Hearing for 2015 Mainstreet Utility Service Improvements; (CR 2014-083) Mr. Stanley, City Engineer, and Bolton & Menk, Inc. representative Mike Waltman addressed the Council regarding the feasibility report for the Mainstreet Utility Service improvements. The utility service replacements are subject to assessment. Mr. Stanley gave an overview of the 29 parcels that have been determined to require utility service replacement. It has been determined that no additional sanitary sewer replacements are needed. Mr. Stanley discussed the project costs and timetable. Mr. Waltman gave an overview of the project location, proposed improvements, existing utilities, proposed utility improvements and proposed water service replacements. Properties will not be assessed for the street improvements but will be assessed for water service replacement. The average assessment will be approximately $3,900. Mr. Waltman discussed the comments from the public open house and project schedule. There was Council discussion regarding the life expectancy of the utility replacement. Mr. Waltman commented that the utility life is approximately 60-80 years. Mr. Waltman discussed that the new water main will be installed on the south side of Mainstreet so there will be minimal interruption to the water service and that it will be installed in four phases to minimize impact during construction. The project office will keep business owners well informed during the construction. Council commented that the project will be beneficial to Mainstreet and that Federal Funding of $700,000 will be used towards the proj ect. Council Member Cummings moved and Council Member Youakim seconded a motion to adopt Resolution 2014-040, Resolution Ordering Public Improvement Hearing, 2015 Mainstreet Utility Service Improvements. 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. ANNOUNCEMENTS 1. National Night Out on August 5th. 2. Mainstreet Open House on August 6 at the Center for the Arts from 5:00 to 8:00 pm. 3. Election Primary is August 12th. 4. Council Work Session on Wednesday, August 13th. 5. Elk's Ribfest is on August 16th. 6. Mr. Mornson updated Council regarding a Business & Finance article highlighting Block 64 and a $50,000 grant that was received for joint zoning at the SW LRT Shady Oak Station. 7. Mr. Mornson congratulated the Fire Department for receiving a FEMA grant to purchase self-contained breathing apparatus. V. ADJOURNMENT There being no further business, Council Member Youakim moved and Council Member Gadd seconded a motion to adjourn the meeting. The meeting was adjourned at 9:43p.m. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS There were no comments. Respectfully Submitted, Debbie Vold 0 COUNCIL, MEMBERS ATTEST: Eugene J. Maxwell, Mayor