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12-09-03 WSDecember 9, 2003 Page 1 MINUTES CITY COUNCIL WORT{ SESSION -December 9, 2003 A work session of the Hopkins City Council was called to order by Mayor Gene Maxwell at 6:40 p.m. on December 9, 2003, at the City Hall. Council members Brausen, Johnson and Rowan were present. Council member Jensen arrived at 7:25 p.m. City personnel present were: Assistant City Manager Jim Genellie; City Attorney Jeremy Steiner; Housing Coordinator Kersten Elverum, Economic Director Jim Kerrigan; and City Planner Nancy Anderson. Also present was Councilman-elect Jay Thompson; Kyle Allison of Hopkins Honda, Lynn Rovson of Luther Company and Dave Bruce of Chase Co. Luther Redevelopment Ms. Elverum said Hopkins Honda is moving to the former Knox property. Luther Company would like to develop the old site in the 600 and 700 blocks. At present they are thinking of a mixed use similaz to Marketplace Lofts. No public money would be used. At present both the old and new properties are zoned B3; staff feels these could be rezoned to PUD at the same time in the future. Mr. Allison said Luther Company wants to make sure they are giving potential developers the same information as the city. Mr. Bruce said they do not know if developers will be interested; a mailing will be done soon but no heary advertising is planned. Mr. Kerrigan said this property will be more difficult to develop than the Lofts due to its odd shapes. Ms. Johnson asked about the "jog" at 701. Mr. Allison said he thought it was the remainder of a partially vacated alley. Mayor Maxwell felt it could be vacated and asked staff to check that out. Ms. Johnson asked about the HCRRA right of way; Mr. Kerrigan said the county has always said they would not give up any property; Mayor Maxwell asked they be approached by staff to make sure. Discussion followed on the possibility of a cul-de-sac formed by closing 7'~. Mr. Kerrigan said there were major storm sewers beneath; Ms. Elverum said HBCA would object. Mr. Rowan noted it would make only a lazger triangular piece. Mr. Rowan also noted the other alley could be vacated behind Collision Center. Mr. Brausen said he would want to know the costs involved in closing 7~'. Mayor Maxwell suggested that in the triangle the "first floor" could be pillars to allow parking, with the offices stazting at second floor. General Consensus: Staff should check vacating the alleys, check if HCRRA land could be available; check costs for closing 7~'. Any housing in the development should be owner-occupied, not rental. Although mixed use is preferred, the Council would not automatically reject office use. The present building should not be reused. Luther personnel briefly updated on the former Knox property. Mr. Allison said Luther is waiting to hear from Honda before solidifying plans further. They aze hoping for a spring start. Ms. Elverum noted Met Council has increased their funding. Luther representatives agreed to make the Now Sports property look better. Mr. Allison said the 420 Main site building will be kept and the property used for used car sales. December 9, 2003 Page 2 Site Plan Review Process Ms. Anderson said this had been before the Council in May or June and suggestions made. She briefly reviewed staff changes regazding the three types of developments requiring site plan review and the 5 proposed exceptions. She said complaints had been made that some were getting around the $150,000 threshold by applying for a permit under that amount, then later getting a second permit. That is why staff is developing certain thresholds and a series of exceptions. Attorney Steiner noted Hopkins is the only city he knows of to use a monetary guideline. Ms. Anderson said threshold (c) would be for greater not different intensity of use, and explained its meaning, relating it to needing more pazking space. Mayor Maxwell asked Mr. Thompson's reaction as a Zoning & Planning member. Mr. Thompson said he would strike out the exception giving staff the right to make exceptions. Others agreed. Mr. Kerrigan said the process under the exceptions would be the same as for CUP; it would take approximately 45 days. Ms. Jensen said the change of use would be easier with the business registry that has been discussed for several years. Ms. Johnson suggested leasing realtors need to be notified. General discussion followed on change of use. General Consensus: Exception (d) for staff deciding exceptions shall be deleted. Change of use shall be further examined by staff to see if it should follow a different process. Staff would also examine methods to speed up the process. Moratorium -Lots Under 40 Feet Ms. Anderson said staff has identified 2 35' freestanding lots that would be affected; the rest would be grandfathered in. Attorney Steiner said the city faces the possibility of regulatory taking suits if the freestanding lots are not allowed to be built upon. However, when a building has been built on multiple 35' lots and the owner wants to divide the property for a second building, the city could require any subdivisions meet current requirements. Answering Mr. Rowan, he said replatting such lots into one is very expensive, but could be required as part of subdividing. Mr. Thompson said anything under 40' concerns him, but splitting up extra large property [o get multiple 40' lots could add to the tax base. Mr. Brausen agreed. Mr. Thompson added that if the minimum is 40 feet the " 2/3 minimum requirement" should be changed to "4/5 minimum requirement." Attorney Steiner suggested that "35' freestanding vacant lots" could be grandfathered in; Ms. Anderson said she thinks that would qualify only one present lot as the other has a gazage on it. Mr. Thompson asked Attorney Steiner if any Council member would have a conflict of interest if they owned 40' lots; Mr. Steiner said no. General Consensus was staff should continue working on the moratorium language. Board of Review Discussiou Mr. Genellie said Council has approved having the County do their assessing. Now they need to decide if the Board of Review should also be taken over by the County; the County is willing to do so or to let Hopkins' current usage remain. If Hopkins keeps its own, a new law would require at least one member to take an appeals and equalization course annually; that course has not been set up yet so he does not know costs, etc. Answering Council questions, he said there would be no cost to Hopkins if the County takes the review process over; the "open book" appeals process would be held in Hopkins; Mr. Mielke suggested meeting with the County personnel in December 9, 2003 Page 3 January to get more information on the process. Mr. Brausen noted when the limited mazket value goes out next year there could be increased appeals; he added the county has a history of getting behind on rising values. General Consensus: Hennepin County should take the review process for the minimum three years. The city needs to notify the public why that process will be given to the county before the county comes out, perhaps as an agenda item for a Council meeting. Other Ms. Jensen asked when the furlough would be discussed. She feels it should not be included in the current budget plan. The survey brought up lots of issues that need to be discussed. Ms. Johnson said she was amazed staff did not know some basic information. Mr. Rowan said the issue of fairness kept coming up. Mr. Brausen said the survey showed a good job of presentation had not been done and he thought furloughs would have been accepted by the employees if they had been presented right; Mayor Maxwell agreed. Mr. Brausen said he felt putting furloughs in place now would be hard on staff morale. General Consensus: Council will meet at 6:00 p.m. next Tuesday. Ms. Johnson moved adjournment. Ms. Jensen seconded. Meeting adjourned at 9:40 p.m. Kasey Kester, Secretary ATTEST: ~~~~ Eugene J. axwell, Mayor