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09-27-05 WSSeptember 27, 2005 Page 1 MINiJTES CITY COUNCIL WORK SESSION -September 27, 2005 A work session of the Hopkins City Council was called to order by Mayor Gene Maxwell at 6:30 p.m. on September 27, 2005, at the City Hall. Council members Brausen, Rowan and Thompson were present. City personnel present were City Manager Rick Getschow; City Planner Nancy Anderson, Economic Development Director Jim Kerrigan, Public Works Director Steve Stadler, and Facilities Manager Jay Strachota. Present for the joint City Council/Zoning and Planning Commission meeting were Virgil Aarness, Jannina Aristy, Kristi Halverson, Mary Hatcher, Michael Kjos and Peter Scholtz. Also present was Mark Muller of Third Lair. Joint City Council and Zoning and Planning Commission Meeting B-4 Zoning City Planner Anderson said the new zoning classification of B-4, which is a hybrid of B- 3, was created to address rezoning properties on the east end and a few other sites. Town and Country Dodge was rezoned last month. Staff is currently working on a mailing list to notify East End property owners and business owners of the rezoning. The plan is to have a concept review with them; all present owners would be grandfathered in. The new B-4 would not allow any "big box retail," and would have a 5,000 sq. ft. maximum. No residential usage would be permitted on the first floor of properties facing Excelsior Blvd. Ms. Aristy, Mr. Scholtz and Ms. Hatcher all spoke favorably of the new classification. Ms. Hatcher added she knew there would be some people who would be against it as it could M® make future sale of property "stickier." Ms. Hatcher, Mr. Brausen and Mr. Rowan all spoke for the "big box" prohibition. Mr. Kerrigan commented he had talked to people from Mason City, Iowa, which allowed one "big box" business and found it ruined their downtown area. Shady Oak Road Ms. Anderson said the Excelsior Blvd. to Highway 7 section of Shady Oak Road work should be started in 2009. On August 27 there was a joint public hearing with the Hopkins and Minnetonka City Councils. Ms. Aristy asked how many homes will be lost; Mayor Maxwell said he thinks 6-8. Mr. Getschow noted some lots would become nonconforming for setbacks; they will have an option to sell out. Mr. Kerrigan said Hennepin County Community Works plans to spend $100,000 fora 2006 redevelopment study, which will involve both councils and planning and zoning commissions. Mayor Maxwell commented that at the south end Hopkins wants green space created rather than putting in townhouses. He suggested both cities' zoning and planning commissions work together on rezoning issues. Mr. Kerrigan noted both business owners and residential unit owners will be given help in relocating. Mr. Rowan noted most of the houses being taken at the north end now open out on Shady Oak, which would not work on the new road. Mr. Brausen stressed that open communication with residents is a prime Council concern. Mr. Aarness asked about the new intersection and was told the 90 degree angle will keep traffic from backing up as there will be two left-turn lanes. Institutional PropertX Ms. Anderson said several years ago schools and churches in R-1 districts were rezoned to institutional. Some concern has been raised as in the past year two institutional properties have been rezoned to multi-residential zoning and condos have been constructed. Some are September 27, 2005 Page 2 cgncerned about the loss of green space. She and the Commission would like Council feedback. Mayor Maxwell said the city can always say no to a rezoning request. Mr. Kerrigan said he weighs the merits of green space and increased tax revenue. Ms. Hatcher said if Mike Halley had asked to build at any other place, she would have been against it, but that site is hidden. Mr. Schultz said he noticed Living Water Church has a for sale sign; Ms. Anderson noted they are in a B-1 zone. She also noted that if there is a change in a developer's proposal, the party must come back for review and the city can say no to the changes. Block 64 Mr. Kerrigan said Block 64 has had a unique process, basically a formal concept process, as the city could not issue a conditional use permit since the developer doesn't control all of the property. Once the developer owns all the property, as long as there are no changes in the concept, there should be no problems with approval. He recently met with the developer, who is frustrated as sales are slower than planned. Answering Mr. Schultz, he said the developer owns two properties and has purchase agreements for the others except Park Plaza. They have 180 days (until January) to complete all tasks, including financing. Mayor Maxwell asked about the project on the Downtown Honda property. Mr. Kerrigan said Cornerstone has a purchase agreement. They got the notice of Honda vacating this week and now have 60 days to close. A big issue is if the Met Council for Livable Communities will grant any money; the project is number 10 on their list; but if they fully fund the first nine, there will be no money for this. We won't know until December if funding will be forthcoming or not. The phase 2 environmental work will be problematic in that the triangle was filled with debris containing mercury; clean-up will cost $200,000 to $300,000. ~e Bus Facility Ms. Anderson said the school district would like to build a bus facility on the north end of the former landfill site south of Seventh Street South. MPCA has agreed to capping the landfill 25 years ahead of schedule, which would be a big benefit for Hopkins. Concerns include traffic congestion on 11`h Avenue, bulk item drop-off program impact, and impact to Westbrooke Patio Homes. A neighborhood meeting was held a week ago. Mayor Maxwell commented EPA actually controls the land, even though the city owns it. If it is not used for the bus facility, the land will just sit there as then it would not get capped. A facility here would save $10 million for the school district over the 20 year lease. Mr. Harness asked if traffic could be routed to Shady Oak and about the bulk drop-off. Mayor Maxwell said traffic to Shady Oak was looked at and didn't seem likely but will be looked at again. Mr. Schultz asked who pays for the capping; Mayor Maxwell said the school district and the state. He noted another meeting will be held next week; the Commission will be kept informed. Other Issues Mr. Thompson asked about Cornerstone and QWest. Mr. Kerrigan said they are still working through their issues. Mr. Thompson then asked about Cornerstone and Luther. Mr. Kerrigan said that is part of the 60-day deadline. Mr. Kerrigan said that there will be a meeting next week with Opus on the North Annex property. They would build a large office complex; staff has discussed the city's issues with Opus. Opus will put forward a master plan. Mr. Kerrigan said access has become a problem for the Town and Country Dodge property. He suggested to the real estate person they should contract with a traffic consultant. September 27, 2005 Page 3 General Consensus was to have another joint meeting the first part of 2006. ® Skatepark 2006 Discussion Mr. Strachota said the 2085 Skatepark season went well; Third Lair enforced the rules and allowing bicycles went over well. It looks much better; there are now pay phones and pop machines. There is a telephone network with city staff so they are aware what is going on. 439 different people used the skatepark this season. Mr. Muller said the renovations before opening helped; he would like to do that type of renovation each year. Mr. Strachota noted that in 2000 there were 7 Tier 1 parks; now there are 50; competition is much stiffer. Mayor Maxwell asked if it was used by the same people or new ones; Mr. Muller said he had everyone sign new waivers so he didn't know. He noted many came from Minneapolis, probably from the Third Lair following, and thinks about 80°Io of the Minneapolis users were new. Next year he would like to divide the park into two parts, keeping the east side similar to what it is now and changing the other side for use of inliners and bikers. Mr. Strachota says he feels it is important to reach a new agreement soon enough to get into the recreation brochure, perhaps with a 50% incentive for new users. Mr. Muller noted he is still open Friday through Sunday and will be through October, weather permitting. As soon as the snow melts, he would start renovations. He does not cover with tarps in the winter as they trap moisture; yearly painting provides a good amount of protection. He estimated 20% of the $10,000 payment last year was used for maintenance, especially as the park had not been professionally maintained previously. Mayor Maxwell asked what the city did for the parking lot. Mr. Stadler said they power wash it to remove sand that washes in; Mr. Muller commented it really helped them get ready. He said he has been happy with the agreement so far. Mr. Thompson asked if reciprocity with Chanhassen might be possible. Mr. Strachota noted they had only a Tier 1 park so reciprocity wouldn't work, but suggested a "first time free." Mr. Muller will check into that. Mr. Getschow asked about a longer term agreement to help manage capital costs better. Mr. Muller said he would be willing to discuss that. Mr. Muller said Hopkins skatepark is unique as it is sheltered under the overpass; users never get blinded by the sun. He added much of the room is not utilized. Mr. Muller then left. Mr. Strachota said he had communicated with the Jaycees. Their charity money has been hurt by the smoking ban and they have many short-term obligations. They did not rule out the possibility of later making along-term agreement about the $30,000 capital costs. Mayor Maxwell asked how long he would like an agreement with Third Lair to be. Mr. Getschow thinks we should try to negotiate a lower payment over a longer period. Mr. Strachota noted the last year Hopkins ran the Skatepark it lost $14,000, and no maintenance was being done. Mr. Brausen said he doesn't know what $10,000 buys; he would like to see a breakdown. He suggested a lower payment every other year. Mr. Rowan noted if they knew the figures ahead, they could plan accordingly; however, we own the equipment and there needs to be incentive for making it better. Mr. Strachota said there would be no problem getting an expense report; his big question is what can Hopkins afford. When Mayor Maxwell suggested $5,000, Mr. Strachota said he felt putting a little more up front, then backing off would allow Third Lair to plan ahead. General Consensus was Mr. Strachota should keep negotiating with Third Lair. A 2-3 year contract was okay. Mr. Stadler noted that the Depot site may be more than it is at present by next year. The combination of Depot, Skatepark and the trail could provide an active area for youth, which is important. September 27, 2005 Page 4 Other • Mr. Thompson asked about the Advantage Media suit. Mr. Getschow mentioned the article in the Star-Tribune, a copy of which will be in the Friday update. Our attorney felt the hearing went well. Advantage Media did not state our code correctly. The case now rests with the judge. Mr. Thompson said there have been positive comments now that SuperValu has its new facade on the south side. Mr. Thompson noted 501 7t" Ave. S has 5 cars, a boat and a motorcycle. Mr. Brausen noted the resident has a history of too many vehicles. Mr. Thompson said he felt Citizens Academy went well. Mr. Getschow noted the nights for police and PED have been switched. Mr. Brausen and Mr. Thompson need to decide if they will keep the same nights or also switch. November 1 the Council will meet early, and there will be a graduation ceremony for Academy attendees. Mayor Maxwell mentioned he had been contacted about "easier parking" for an antique show November 11-13. He will contact the woman who asked. Mr. Getschow noted the second neighborhood meeting on the bus depot will be October 6. The employee recognition lunch will be October 4. On motion by Mr. Thompson and second by Mr. Rowan, the meeting adjourned at 8:40 p.m. on a vote of 4-0. Kasey Kester, Secretary • COUNCIL MEMBERS: ATTEST: Eugene . Mai ell, Mayor •