Loading...
09-02-03A regular meeting of the Hopkins City Council was held on September 2, 2003, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, Johnson, and Rowan. Also, present were staff members Mielke, Genellie, Kerrigan, J. Anderson, N. Anderson, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:30 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Pam Stanley, 913 Nine Mile Cove S, notified the City Council that Ron Clarke has relinquished control of the Homeowner's Association to the homeowners. The homeowners have formed a Board. Ms. Stanley will get the contact information to City staff, so that they may receive information from the City. III. PRESENTATION There were none. __-_ , IV. REPORTS -COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission Jeannina Aisty reported for the Zoning and Planning Commission. The Commission reviewed the CUP for a monument sign at Eisenhower. They recommended approval. They also reviewed the CUP for a dental office on Mainstreet and recommended approval. The Commission reviewed the variance request for a rear yard setback at 1702 Mainstreet to construct a gas station and recommended denial for lack of hardship. The vote was three to two. They recommended approval for the CUP for the gas station with afifteen-foot rear yard set back. V. CONSENT AGENDA 1 . Minutes of August 19, 2003, City Council Meeting 2. Minutes of August 26, 2003 City Council Work Session 3. Ratify Prior Month's Disbursements 4. Approve Municipal Recycling Grant Application (CR2003-133) 5. Jaycees Charitable Gambling Premises Permit (CR2003-135) Council Member Brausen moved and Council Member Rowan seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member September 3, 2003, City Council Meeting Minutes Page 7 Brausen, aye; Council Member Jensen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. PUBLIC HEARING There were none. VII. OLD BUSINESS 1. Raspberry Festival Carnival (Memo) The Raspberry Festival asked to have this item continued to the September 16tH Meeting. Council Member Brausen moved and Council Member Johnson seconded a motion to continue the item to the September 16th meeting. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. NEW BUSINESS 1 . CUP, Sign; Eisenhower Community Center (CR2003-129) Eisenhower Community has remodeled the entrance of their building as well as the parking area and landscaping. In the process, the old sign was removed. It was in disrepair. The proposed sign will be a monument sign located on the east side of the site. It will have a brick base with a metallic case. The sign will be lit with indirect lighting from the ground. There will be landscaping around the base. The site is zoned Institutional. All signs in an institutional zone require a conditional use permit. The Zoning and Planning Commission recommended approval. The sign will be in compliance with the zoning ordinances and comprehensive plan. Nancy Anderson reviewed the site plan. Council Member Brausen moved and Council Member Jensen seconded a motion to adopt Resolution 2003-74, approving a conditional use permit to erect a sign at Eisenhower Community Center. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. September 3, 2003, City Council Meeting Minutes Page 2 2. CUP, Dental Office at 1222 Mainstreet (CR2003-130) Dr. Joseph Gendler is proposing to raze the existing building at 1222 Mainstreet and construct a new dental office. The existing building is vacant and has been for sale for a long time. Materials and detailing that will be used on the building will fit with other buildings on Mainstreet. The building will meet the requirements of the Downtown Design Overlay District. The use will be in compliance with the comprehensive plan and zoning ordinance. The Zoning and Planning Commission recommended approval. Nancy Anderson reviewed the site plan. Russell Zenk, the architect for the project came forward to answer questions about the site and to show the elevations of the building. Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2003-75, approving a conditional use permit to construct a dental office at 1222 Mainstreet. A po[I of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. Mayor Maxwell stepped down for the next two items. Council Member Johnson, Mayor Pro Tempore, acted as Mayor in his stead. 3. Variance, Rear Yard Setback, Gas Station 1702 Mainstreet (CR2003-130) Todd Beugen, has applied for a variance from a 15-foot rear yard setback to a 1-foot rear yard setback at 1702 Mainstreet. The lot is currently vacant. Mr. Beugen owns the property adjacent to the rear lot line. The proposed building is 2020 square feet and will be located on the southwest corner of the site. The applicant is proposing three gas pumps. The Zoning and Planning Commission recommended denial on a three/two vote. The Zoning and Planning Commission and City staff found no hardship. Michael Keifer, attorney for the applicant, and John Kosmos ,architect for the project came forward to answer questions and review the site plans and elevations. Mr. Kosmos stated that the hardship is not typical. He stated that the hardship exixted because the lot was too small to accommodate a gas station. Mr. Kosmos explained that the neighboring buildings are automotive businesses and that the gas station would fit with these businesses. Mr. Keifer stated that the property was purchased as a gas station. They never thought that proceeding with a gas station would be a problem. He stated that the site could be re-plated and they would not need a variance. September 3, 2003, City Council Meeting Minutes Page 3 Mr. Kosmos stated that they held a neighborhood meeting and that no one attended. They then began contacting individuals. They talked with thirty-three people from the neighborhood and no one had an objection to the proposed plan. Barry Goldstein, one of the owners, came forward. He stated that the concept plan was brought before the Zoning and Planning Commission this spring and the Commission was in favor of the concept plan. Mr. Goldstein asked why the adjacent property received a variance to expand his property and he is being denied when the variance is exactly the same. Jerre Miller, City Attorney, said that each variance is unique. One is not just the same as another. There might be similarities, but they are not identical. Each property is different and each applicant is required to show the hardship that is unique to that property. The property will work for other uses. The applicant's hardship is that the use won't fit. That is not unique to the property. Council Member Brausen stated that a variance should not be granted for a use on the property. Council Member Jensen moved and Council Member Brausen seconded a motion to adopt Resolution 2003-76, denying a 14-foot variance to construct a building for a _ gas station at 1702 Mainstreet. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, nay; Mayor Maxwell, stepped down. The motion carried. 4. CUP, Gas Station 1702 Mainstreet (CR2003-132) The applicant asked if the lot is re-platted, would this CUP application still be in effect. Ms. Anderson answered that it would require a new CUP application. Mr. Mielke stated that they will need to see a new site plan from the applicant to act on the CUP. The applicant agreed and gave permission to extend beyond the sixty-day limit. Council Member Jensen moved and Council Member Brausen 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 Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, stepped down. The motion carried unanimously. 5. Discussion, SW LRT Study Results (Memo) The Southwest Corridor Rail Transit Study was conducted by Hennepin County and was concluded in July 2003. The final study document is being assembled and formatted by Hennepin County staff. The distributed memo summarized the final September 3, 2003, City Council Meeting Minutes Page 4 recommendations made by the Policy Advisory Committee (PAC) as well as other study findings directly relevant to the City of Hopkins. Katie Walker, Housing, Community Works, and Transit, from Hennepin County, reviewed the process and the study results. The City Council discussed the report and was assured that the study would continue. The Council Members agreed that Mayor Maxwell should direct staff to draft a resolution for action at the September 16th City Council Meeting. The resolution should contain language making several points as feedback for continued studies. No action was taken. 6. Approve Proposed 2004 Preliminary Levy and Budget (CR2003-134) The Truth in Taxation process requires the City to certify a proposed levy and set public hearing dates. A proposed general fund budget has been established. The actual budget will be adopted in December. At that time, the final levy may not exceed the proposed levy. The Public Hearing Date is set for December 8, 2003, with a continuation hearing date of December 16, 2003. Lori Yager gave a presentation of the proposed 2004 Preliminary Levy and Budget and the issues that are being addressed. Council Member Johnson moved and Council Member Jensen seconded a motion to adopt Resolution 2003-82, "Approving Proposed 2003 Tax Levy, Collectible in 2003, Proposed 2004 General Fund Budget, and Setting Public Hearing Dates". A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 7. Compensation for Members of the National Guard and Reserve (CR2003- 128) In the past, the City has provided additional compensation to employees who have been called to active duty. Because more members of the guard and reserve are being activated on a more regular basis, the City Council wanted to establish a program that will support its employees while being aware of the realities of the City budget. The proposed program would pay employees who are called to active duty $500 for each complete month of service. Employees could receive the benefit for a maximum of 24 months during the course of their employment. The proposed program would be a voluntary program and would only be available to those employees who have less than forty hours of vacation or flex leave. September 3, 2003, City Council Meeting Minutes Page 5 Council Member Rowan stated that he did not think that the payment should be tied to the amount of vacation that an employee has accrued. Council Members discussed the issue of vacations. Mr. Mielke said that it prevents employees from returning from service and immediately taking a vacation, It was decided that when an employee takes vacation time is up to the supervisor, therefore, it would not matter how much vacation would be accrued. Council Member Rowan moved and Council Member Jensen seconded a motion to adopt Resolution 2003-73, authorizing supplemental pay for city employees who are members of the National Guard or Reserve and are called up to active duty with the removal of the following clause, "have less than 40 hours of accumulated vacation or flex leave". A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. IX. ADJOURNMENT There being no further business, Council Member Jensen moved and Council Member Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 10:05 p.m. Respectively Submitted, Terry Obermaier, City Clerk ATTEST: Eugene .Maxwell, Mayor September 3, 2003, City Council Meeting Minutes Page 6