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08-02-06A regular meeting of the Hopkins City Council was held on August 2, 2006, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Youakim, Thompson, Rowan, and Halverson. Also, present were staff members Getschow, Genellie, Stadler, Kerrigan, Anderson, and City Attorney Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS III. REPORTS -COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission Peter Sholtz reported that the Planning Commission is looking forward to the scheduled joint meeting with the City Council. At the July 25t"' meeting, the Commission discussed the rezoning of B-3 districts to B-4 districts. The rezoning has gone as far west as it will go on Excelsior Boulevard. The Commission also decided to review the allowed uses in the B-4 district at future meetings. The Commission discussed the concept of a variance at 17 8t" Ave S and concurred that while there might be a hardship that is man-made; there is not a hardship with the lot. The Commission also discussed the requirement of the Met Council to update the Comprehensive Plan by June 2008. They will be working on that update. 2. Park Board Josh Montgomery reported that two neighborhood groups attended the Park Board meeting. The Meadow Creek neighborhood presented a petition that is opposed to a dog park. Park Valley neighborhood had requests for improvements to the Valley Park. They discussed upgrades that can be added to future budgets. The Board reviewed the project to expand parking at Valley Park. Conditions would require more extensive work than originally thought. The cost would exceed budget, so the Board decided to postpone the project to next year. IV. CONSENT AGENDA 3. Minutes of July 18, 2006 City Council Meeting 4. Minutes of July 18, 2006 City Council Work Session 5. Minutes of July 25, 2006 City Council Work Session 6. Ratify Prior Month's Disbursements 7. Approve Appointment to Zoning and Planning Commission, Robert Hatlestad (Memo) 8. Approve Appointment to Human Rights Commission, Gail Lewis-Miller (Memo) 9. Approve 2006 HMEA Contract (CR2006-088) Council Member Halverson moved and Council Member Youakim seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. IV. NEW BUSINESS 1. Rezoning 9020-9092 Excelsior Boulevard (CR2006-086) The properties are being rezoned as the result of the East End Study, which was adopted by the City Council in August of 2003. This is the fourth area to be rezoned. This action is in compliance with the Comprehensive Plan. The Zoning and Planning Commission recommended approval. Ms. Anderson explained the difference between the B-3 and B-4 zoning districts. Council Member Rowan moved and Council Member Thompson seconded a motion to adopt Resolution 2006-050, approving ordinance 2006-972, rezoning the property at 9020 -9092 Excelsior Boulevard from B-3 to B-4. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Concept Review, Variance 17 St" Ave S (CR2006-087) The applicant, Dave Lommen, has proposed the construction of a 40-foot by 102-foot addition on the south side of the building located at 17 8t" Ave S. The addition would have a zero lot line. The property abuts a R-5 residential district. The required set back is 15 feet. Staff and the Zoning and Planning could not see a hardship and are not in favor of the project. Mr. Lommen came forward and discussed the project with the Council. Jerry Steiner, City Attorney, stated that even if the basement level were above ground, it would be nonconforming and could not be expanded. Parking requirements for new businesses could be an issue. The Council agreed that a hardship is not caused by the land, but has been created. The Council would not support a variance. No action was taken. 3. Closed Door Discussion, Billboards (Memo) The Mayor moved the meeting into a closed door session to discuss litigation issues at 8:13 p.m. The Mayor reconvened the meeting into open session at 8:50 p.m. VIII. ADJOURNMENT There being no further business, Council Member Halverson moved and Council Member Youakim seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:50 p.m. Respectfully Submitted, Terry Obermaier, City Clerk COUNCIL MEM-HERS pw. e ~ -~ ~..~ ATTEST: Eu e J axwell, Mayor