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07-05-06A regular meeting of the Hopkins City Council was held on July 5, 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, Stadler, Reid, Anderson, and City Attorney Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:40 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. OATH OF OFFICE 1 . William Clarke Garlington, Police Officer Chief Reid introduced Officer Garlington and gave a brief explanation of reasons why the officers are sworn in a public meeting. The oath of office was administered by the City Clerk. Officer Garlington was pinned by his Mother and Father and presented to the Council by Chief Reid. 2. Kathryn Newcomb, Zoning and Planning Commission The oath of office was administered to Ms. Newcomb by the City Clerk. IV. REPORTS -COMMITTEES/COMMISSIONS 1 . Zoning and Planning Commission Jannina Artisty reported that the Zoning and Planning Commission discussed an amendment to the sign ordinance that would allow three square feet of signage per front lot foot in institutional zoning districts and they discussed the rezoning of 8600-8964 Excelsior Boulevard from B-3 to B-4. The Commission recommended approval of both items. 2. Park Board Josh Montgomery reported on the Park Board's Special Meeting held on June 26t". The Board discussed the CIP through 201 1, tabled the dog park discussion until the July meeting, and reviewed the Depot site improvement plan and trail update. 3. Quarterly Depot Board Report, Ted Duepner Ted Duepner, Depot Teen Coordinator, and Karen Gullikson, Depot Board Chair, reported on several situations at the Depot Coffee House. The first issue is the businesses aspect of the Depot, the coffee shop. Royal Cuisine, the former operator of the business, withdrew their operations early this year. Fran Hesch proposed a trial plan in which there would be no financial risk for loss of Teen Center Funds. The Teen center has recently received a grant from Otto Bremer Foundation for Strategic Planning. Other grants are pending. The depot is in good financial shape for the year. The Student Board currently has eight members and would allow the addition of five more members. Several board members graduated in June. Mr. Duepner reviewed the summer programming and concert programming. They look forward to their National Night Out outdoor concert. V. CONSENT AGENDA 1. Minutes of June 19, 2006 City Council Meeting 2. Minutes of June 19, 2006 City Council Work Session 3. Minutes of June 27, 2006 City Council Work Session 4. Ratify Prior Month's Disbursements 5. Approve 3.2 Beer License for Jaycees, Raspberry Festival (CR2006-082) 6. Approve temporary 3.2 Beer License Application for Hopkins Elks (CR2006-83) 7. Approve Temporary Liquor License Application for Hopkins Elks (CR2006-080) 8. Request for Lien Subordination -Meadow Creek Condominiums (CR2006-081) 9. Second Reading, Section 500, Memo In answer to a question raised, City Attorney Jerry Steiner stated that the City would move to second position for recovering the amount that is being borrowed for the swimming pool. The total amount that would be at risk is $70,000. Council Member Thompson moved and Council Member Halverson 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. VI. NEW BUSINESS 1 . Approve Excelsior Crossing (Opus) PUD Agreement (CR2006-079) Nancy Anderson gave a history of the project. The site was rezoned with an overlay zoning of Planned Unit Development (PUD) with the approval of a master plan. The PUD zoning allows flexibility with the underlining zoning of Business Park. This agreement details the specific parameters on how the site will be developed. Jerry Steiner addressed the major points of the agreement. The agreement and all of its conditions will transfer to all successors. The Master Plan will be binding. Dave Menke, Opus NW, came forward to answer questions. Council Member Youakim moved and Council Member Rowan seconded a motion to approve a Planned Unit Development (PUD)/Development Agreement with Opus Northwest, L.L.C., to redevelop the former SuperValu North Annex site. 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. First Reading, Rezone 8600-8964 Excelsior Boulevard (CR2006-078) Nancy Anderson gave a history of the East End Study and the resulting rezoning of several properties to a B-4 zoning district. The rezoning is in accordance with the Comprehensive Plan and the Zoning and Planning Commission recommended approval. Council Member Rowan moved and Council Member Halverson seconded a motion to adopt Resolution 2006-49, approving Ordinance 2006-970, rezoning the property at 8600 - 8964 Excelsior Blvd from B-3 to B-4 for first reading. 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. 3. First Reading, Amend Zoning Ordinance, to Allow Signs in Institutional Districts (Cr2006-077) Last year, because of a lawsuit, the City adopted a new sign ordinance. It recently became apparent that the Institutional zoning district sign regulations were omitted for the new sign ordinance. The new requirements will be the same as the signage requirements in other zoning districts. The Zoning and Planning Commission recommended approval. Council Member Thompson moved and Council Member Youakim seconded a motion ~to adopt Resolution 2006-048, approving a proposed Ordinance, 2006-969, amending Section 570 of the Hopkins Zoning Code for first reading. 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. Mayor Maxwell reminded all to attend the Raspberry Festival in the next two weeks. VIII. ADJOURNMENT There being no further business, Council Member Halverson moved and Council Member Thompson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:30 p.m. Respectfully Submitted, Terry Obermaier, City Clerk COUNCIL MEMBERS ATTEST: Eugene J. well, Mayor