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10-05-04A regular meeting of the Hopkins City Council was held on October 5, 2004, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Thompson, and Johnson. Also, present were staff members Genellie, Stadler, Kerrigan, Anderson, and City Attorney Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:36 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. REPORTS -COMMITTEES/COMMISSIONS 1. Zoning and Planning Jannina Aristy reported that the Commission held a meeting on September 21 g`; all were present. The Commission reviewed the Chapel View addition and the CUP for the Goodwill drive-through. The Commission had concerns about the Goodwill lease and emphasized that both the tenant and landlord should work to improve the landscaping of the site. The Commission recommended both items. IV. OATH OF OFFICE The oath of office was administered to Elizabeth Dorn, Park Board. V. CONSENT AGENDA 1. Minutes of September 21, 2004 City Council Meeting 2. Minutes of September 28, 2004 City Council Work Session 3. Ratify Prior Month's Disbursements 4. Second Reading, Moratorium on Auto Sales (Memo) 5. Second Reading, Moratorium on Sculptures in B-2 Zoning District (Memo) 6. Appointment of Election Judges for 2004 General Election (CR2004-165) 7. Approve Wine and Strong Beer License for Serenity Cafe, 81 1 Mainstreet (CR2004-166) 8. Hopkins Pavilion Roof Repair (CR2004-162) Council Member Johnson moved and Council Member Brausen seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. PUBLIC HEARING 1. 2004 Miscellaneous Assessments (CR2004-161) The miscellaneous assessments are comprised of delinquent utility bills, citations, and invoices. Mr. Stadler reviewed the appeal process. All notices were posted and mailed. Prior to the meeting, four appeals were submitted. Mayor Maxwell opened the public hearing at 7:43 p.m. Jan Johnson came forward. Ms. Johnson then explained that she received several citations on two properties, 709 1 1 th Ave S # 6 and 810 9th Ave S #4. Ms. Johnson further explained she only knew about the citations because she was required to appear in Hennepin County Court for misdemeanor charges on a warrant that was initiated by the City. She pled guilty on a reduced charge of petty misdemeanor and the assessments were waived. Jerry Steiner, City Attorney explained that there were two separate issues. The Hennepin County Court assessment was a court assessment and that assessment was waived. She stated that the 1 1 th Ave property was sold contract by for deed in 2003. The 9th Ave property has been vacant. She didn't believe that the rental license was needed. Staff responded that Ms. Johnson had informed the City that she had sold the property on a contract for deed, that the contract had not been filed, and that staff requested a copy of the contract several times and did not receive a copy. Other than the one call stating that the one property was sold, Ms. Johnson had not communicated with the City about any of the citations. Ms. Johnson further stated that she thought the amount of 52200 was a bit steep for not complying with a 520' license requirement. Staff stated that the fines were compounded because the citations were ignored. Mr. Genellie, City Manager, stated that there was an issue last year as well as this year. The fines are for failure to abide by the ordinance, irrespective of the original fee, and while the fine might seem exorbitant, it is not based on the fee. The City Council has the power to amend the fine. The City Council discussed the issue with the City Attorney with the Attorney stating that Ms. Johnson should show proof of the sale and proof of the vacancies. The City Council discussed a fair reduction in the fee considering the cost of the process. Mayor Maxwell moved and Council Member Thompson seconded a motion to reduce the assessment to 5750 if Ms. Johnson submits a copy of the contract for deed and proof that the other unit was vacant to the City Attorney by 4:30 p.m. on Tuesday, October 12, 2004. If Ms. Johnson does not submit the requested documents by that time, the assessment will remain at 52200. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. Council Member Thompson moved and Council Member Johnson seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:20 p.m. The Council discussed the appeal for 1 Hawthorne Rd. This appeal contained request to spread the assessment over four or five years because the resident found it a hardship to pay for the assessment in one year. Mr. Stadler responded that the policy would have to be changed. The City hired the work done and has paid the bill for the work. This action would put the City in the position of being the lender. Council Member Thompson moved and Council Member Brausen seconded a motion to deny the appeal. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. The Council discussed an appeal for 406 14th Ave N. City Attorney Jerry Steiner explained that the owner of the property filed bankruptcy and that all of the charges were due before the bankruptcy was filed. The utility bill and invoice for the tree removal were discharged in that bankruptcy. No action needs to be taken. Council Member Thompson moved and Council Member Brausen seconded a motion to adopt Resolution 2004-078, Resolution for Adoption of the Amended Assessment Roll, 2004 Miscellaneous Assessments. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Revenue Bond Hearing for Hopkins Mainstreet School for the Arts (Memo) This item was continued from the September 7th City Council meeting to October 5, 2004. Staff has been informed that the applicant does not wish to proceed with the sale of this bond. The City Council does not need to take action on this item. No action was taken. VII. NEW BUSINESS 1. Site Plan Review, Chapel View (CR2004-163) Chapel View is proposing to construct an addition to the south side of their building located at 615 Minnetonka Mills Rd. The addition would be located west of the existing driveway to the underground garages. The addition would b fora 24-room, two-story addition. The number of residents will be reduced from ' 28 to 124. A • second phase will be to remodel the existing nursing facility. There will be a ground floor with the addition that will be used for physical and occupational therapy. There will be an entrance to the ground floor from Minnetonka Mills Road. The proposed use complies with the Zoning Ordinances and the Comprehensive Plan. The Zoning and Planning Commission recommended approval. Nancy Anderson reviewed the site plan. Kathy Copp, representing Chapel View, came forward. Ms. Copp stated that the Center was built in 1971. There will be fewer beds than there currently are. The needs of the clients are changed. Clients are there for a shorter term, usually under 30 days. The clients are requesting more privacy. Fifty percent of the care center will be private rooms with private baths. Ms. Copp answered several questions concerning the exterior, parking, safety issues, and lighting. They have held two neighborhood meetings. The neighborhood has been supportive. They hope to break ground in the spring. Council Member Brausen moved and Council Member Johnson seconded a motion to adopt Resolution 2004-79, approving the construction of an addition to the existing building at 615 Minnetonka Mills Rd. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. CUP Goodwill Drive-Through (CR2004-164) Goodwill is proposing to move from their current location to the former site of Rainbow Foods. Goodwill is proposing to use 60,000 square feet, 45,000 square feet will be warehouse and 15,000 square feet will be used as retail space. Goodwill will be constructing a 24-foot by 30-foot enclosed drop-off area on the west side of the building. This area will allow vehicles to be protected when dropping off donations. The Industrial district allows 25 percent to be used for retail. A traffic study was conducted for the drive-through. The use complies with the Zoning Ordinance and Comprehensive Plan. The Zoning and Planning Commission recommended approval. Michel Wirth-Davis, President of Goodwill, Easter Seal, came forward and introduced himself. Others with him were Debbie Ferry, Vice President of Goodwill, Easter Seal; David Schultz, the architect; and Sandy Barin, representing the lessor. The Council discussed the ownership of the building and the lease agreement. They • also discussed the drive-through and the stacking that would result. They also discussed the traffic that future tenants could bring to the site. It was determined that the traffic study was done for the drive-through only. The members of the Council and staff concurred that they would be more comfortable with the project if the traffic study included future lessees. Without knowing what other businesses would be going into the building, Council Members and staff felt that it was difficult to know what the impact might be. The applicants agreed to continue the item to November 2, 2004 and to commission a traffic study that would address the "worst case scenario". Council Member Johnson moved and Council Member Thompson seconded a motion to continue the item to the November 2, 2004 meeting. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Approve Amendment to 2005-2009 CIP (CR2004-168) The City Council adopted the 2005-2009 Capital Improvements Plan (CIP). Since the time that the plan was adopted, it has become apparent that it would be prudent to postpone the proposed 2005 street improvements. This is due to the potential impact of the upcoming Shady Oak Road reconstruction and the continuing investigation into eliminating sanitary sewer lift station number one and the possibility of installing a new sanitary sewer gravity line in 2"d St N between 21St Ave N and Shady Oak Road. Staff has proposed moving up the proposed 2007 street improvements to next year, 2005. Staff is proposing several other changes to proposed future year projects. Mr. Stadler reviewed the proposed changes. In response to Council Members question, Mr. Stadler said that the changes will change the cash flow somewhat, but in the long term, will have no effect on the total cost of the projects. Council Member Thompson moved and Council Member Brausen seconded a motion to approve the staff-proposed amendment to the 2005-2009 Capital Improvement Plan. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Order Feasibility Report, 2005 Street Improvement Project (CR2004-167) The amended 2005-2009 CIP includes 2005 street improvements for Madison Ave N, Madison Cir, Monroe Ave N, Jackson Ave N, Van Buren Ave N, Shadyside Cir, and Sunnyside La. The first step is ordering a feasibility report. Staff has selected Bolton and Menk to undertake survey work, geotechnical evaluation and the preliminary engineering report. The cost of these services is 543,200. Final design and construction oversight services will be negotiated separately after the feasibility report phase and Council's ordering of the improvement project. Council Member Johnson requested that staff notify the residents and explain the changes. The residents of the neighborhood are not expecting this assessment for another two years. Mr. Stadler agreed to do so. Council Member Brausen moved and Council Member Johnson seconded a motion to adopt Resolution 2004-81, Resolution Ordering the Preparation of a Feasibility Report for Year 2005 Street Improvements. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. ADJOURNMENT There being no further business, Council Member Brausen moved and Council Member Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:45 p.m. Respectfully Subm ier, City Clerk