Loading...
08-03-05A regular meeting of the Hopkins City Council was held on August 3, 2005, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Thompson, Johnson, and Rowan. Also, present were staff members Getschow, Genellie, Stadler, Kerrigan, Harkess, Anderson, and City Attorney Jerry Steiner. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:30 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. OATH OF OFFICE 1. Joshua Montgomery, Park Board The City Clerk administered the oath of office to Joshua Montgomery. IV. REPORTS -COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission Jeff Paul reported that the Zoning and Planning Commission discussed four items at their July 26th Meeting. The Commission reviewed a concept for Block 64 and three other items. The items discussed were: afront-yard setback variance for the property in Interlachen; the Oak Ridge Place II project which included the site plan review, a Comprehensive Plan Amendment, a Rezoning for the project, a variance for the lot frontage on a public right-of-way, and the preliminary plat; and the rezoning amendment for Town and Country Dodge. The Commission recommended approval of all items. 2. Park Board No one was present from the Park Board. V. PRESENTATION 1. Presentation of National Guard Flag Detective Sergeant Chris Stroner of the Hopkins Police Department came forward and presented a flag to Mayor Maxwell. August 3, 2005 City Council Meeting Minutes Page 1 Detective Sergeant Stroner is also a Sergeant in the reserves and has been deployed to Saudi Arabia, the Airport, Kosovo, and Serbia. During the time he was stationed overseas, he said, the City supported him financially and professionally. He recognized the sacrifice that the City made by being one man down and also the financial sacrifice while he was not here. The flag was presented to him when he left Kosovo. It represented the sacrifices that Detective Sergeant Stroner made for his country. He in turn presented the flag to the City for the sacrifices that it made for him during that time of deployment. 2. Presentation, Acceptance of CAFR Report Chris Amdal, KPMG, reviewed the results of the 2004 audit. There were no significant issues to report. Mr. Amdal complemented the staff, stating that they were very easy to work with. VI. CONSENT AGENDA 1. Minutes of July 19, 2005 City Council Meeting 2. Minutes of July 19, 2005 City Council Work Session 3. Minutes of July 26, 2005 Special City Council Meeting 4. Minutes of July 26, 2005 City Council Work Session 5. Ratify Prior Month's Disbursements 6. Proposed Increase to Pavilion Hourly Ice Rental Prime Rate (CR2005-102) 7. Approve Temporary 3.2 Beer License for St. Joseph Church Fall Festival (CR2005-1 1 1) 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 Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. PUBLIC HEARING 1. Transfer of Cable Television System (CR2005-100) • Time Warner Cable and Comcast Cable Communications have an agreement to purchase Adelphia Communications. Their agreement calls for Time Warner and Comcast to transfer cable systems in order to create individual markets, such as the Minneapolis/St. Paul area, that will be served by only a single company. The City's Cable and Television Regulatory Ordinance requires a public hearing when there is a proposed transfer of the franchise. Both the City's regulatory ordinance and State law require approval from the City for any transfer or sale of the franchise. August 3, 2005 City Council Meeting Minutes Page 2 The City is working with the SWSCC and Moss & Barnet, its legal counsel, to review Comcast's qualifications and to provide recommendations regarding how best to process the requested transfer. Mayor Maxwell opened the public hearing at 8:00 p.m. Council Member Johnson moved and Council Member Brausen seconded a motion to continue the public hearing. The public hearing was continued by unanimous consent to September 6, 2005. VIII. NEW BUSINESS 1. Variance, Front Yard Setback Interlachen (CR2005-1080 The applicant, Greg Narr, is proposing to construct a home on the lot south of 250 Interlachen Rd. The property is zoned R-1-C and requires a 30-foot front-yard setback. Mr. Narr is proposing a 20-foot setback. The property has a 20-foot easement on the south side. The City Engineer has asked for an additional setback because the utility line is not in the center of the easement. Mr, Narr has agreed to an additional 7.5 feet. The Zoning and Planning Commission recommended approval. Greg Narr came forward to answer questions. Mr. Narr stated that the City requested the additional 7.5 feet of easement. The variance is the result of moving the building to accommodate the additional easement. The building is fourteen percent of the lot. John Kolstad, 265 Oakwood, lives to the west of the Narrs and is the closest existing home to the project. The new home will have the most impact on his location. He was in favor of the project. Mike Wilkinson, 225 Interlachen Rd, stated that he has no problem with a building on the lot. He thought that this building, however, was too large for the lot. He felt that a two-car garage would be appropriate, and asked that the deck and swimming pool be reconfigured. Mr. Narr answered that there was no swimming pool in the plan and that there is no intention of constructing a swimming pool. Robert Baugh, 236 Interlachen, stated that there is a variety of different type of homes in the neighborhood, but this one does not fit in the area. Elizabeth Mayotte, 265 Oakwood, stated that her lot is the closest with the greatest impact and that everyone was sad to see the garden of the former owner disappear, but she felt that the new home would be visually pleasant. August 3, 2005 City Council Meeting Minutes Page 3 Council Member Brausen moved and Council Member Thompson seconded a motion to adopt Resolution 2005-72, approving afront-yard setback for the lot south of 250 Interlachen Rd. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Site Plan Review, Oak Ridge Place II Condos (CR2005-103) Mike Halley is proposing to construct a 14 to 16-unit condo building on the property just west of the condo building that Mr. Halley is currently constructing north of the united Methodist Church. The building would be located on property that was owned by the School District on the northeast side of the Eisenhower Community Site. The building would be four stories high and have underground and surface parking. The property would have to be rezoned from institutional to residential. The Comprehensive Plan would also have to be amended. The Zoning and Planning Commission recommended approval. Mike Halley, Roger Johnson, and Tom Goodrum, representing the applicant, came forward and reviewed the site plan. The will be using a combination of granite, stucco, and brick on the exterior. The project still needs Watershed approval. Mr. Goodrum stated that they have addressed all of the concerns that were brought up by the Public Works Department and have made all the changes. Other questions asked by the Council Members were answered by the applicant. Council Member Johnson moved and Council Member Rowan seconded a motion to adopt Resolution 2005-67, approving the construction of condos on the property northeast of Eisenhower Community Center. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. . 3. Comprehensive Plan Amendment, Oak Ridge Place II (CR2005-106) The Comprehensive Plan has designated this site as Institutional. To complete the Oak Ridge Place II project, the Plan will need to be amended. Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2005-70, approving a Comprehensive Plan amendment from Institutional to High Density Multiple Family for the site northeast of the Eisenhower Community Center. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member i Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. August 3, 2005 City Council Meeting Minutes Page 4 4. Rezoning Condos, Oak Ridge Place II (CR2005-104) The site is currently designated as institutional. The Zoning needs to be changed for the project to continue. Council Member Thompson moved and Council Member Brausen seconded a motion to adopt Resolution 2005-68, recommending approval of Ordinance 2005-952, rezoning the area north of the Eisenhower Community Center from Institutional to R-5 for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 5. Variance, Lot Frontage on Public Right-of-way, Oak Ridge Place II (CR2005- 105) The proposed lot will have no access on a public right-of-way. The site will use the existing private road for access. The variance needs to be granted to continue the project. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Resolution 2005-69, approving a variance for a lot with no frontage on a public right-of-way for Oak Ridge Place II. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 6. Preliminary Plat, Oakridge Place II (CR2005-107) In order for the condos to be constructed on the northeast side of the lot, the lot needs to be divided into two lots. The new lot will be 51,896 square feet. The school lot will be located on the other portion. Both lots would exceed the minimum square-footage for the use. Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Resolution 2005-71, approving a preliminary plat for the Eisenhower Community Center property. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 7. Rezoning Amendment, Town and Country Dodge (CR2005-1 10) The City has recently approved a 6-4 zoning district. The zoning district is a more neighborhood type business district. Gas stations, fast food, and auto sales lots are not allowed in the B-4 district. The B-4 district also limits the size of the business so that abig-box type of retailer would not be allowed. If Town and Country Dodge moves off the site and anothar dealership does not go on the site, It will automatically August 3, 2005 City Council Meeting Minutes Page 5 change to the new zoning designation after one year. This change would not affect the Comprehensive Plan. The Zoning and Planning Commission recommended approval. Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Resolution 2005-73, approving Ordinance 2005-953, rezoning the property at 1710 State Highway 7 from B-3 to B-4 for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 8. 2006-2010 Equipment Replacement Plan (CR2005-110) The equipment replacement plan is a detailed summary of the next five years of a twenty-year replacement schedule for most equipment of the City of Hopkins. Christine Harkess reviewed the highlights of the plan. Council Member Brausen moved and Council Member Thompson seconded a motion to adopt the 2006-2010 Equipment Replacement Plan. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. Mayor Maxwell announced that the meeting would be closed for the next item, Discussion of the Billboard Lawsuit, Advantage Media. The meeting was closed at 9:1 1 at p.m. 9. Closed Door Meeting, Discussion of Billboard Lawsuit, Advantage Media The meeting was re-opened for the next item at 10:17 p.m. 10. Adoption of an Emergency Interim Sign Ordinance (CR2005- A lawsuit was filed against the City of Hopkins challenging the constitutionality of the sign ordinance. On July 29, 2005, U.S. District Court Judge Michael Davis issued a preliminary injunction preventing the City from enforcing the sign ordinance while the injunction is in place. Because of the injunction, the City has no sign ordinance and an emergency interim ordinance is proposed. The Council must first determine if there is an emergency. If the Council determines that there is an emergency, they may act on the ordinance. Council Member Rowan moved and Council Member Johnson seconded a motion to adopt Resolution 2005-74, approving the preamble to proposed ordinance 2005-954, declaring the existence of an emergency due to the lack of an ordinance regulating the construction, installation and maintenance of signs in the City of Hopkins. A poll August 3, 2005 City Council Meeting Minutes Page 6 of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. Council Member Thompson moved and Council Member Brausen seconded a motion to adopt emergency interim Ordinance 2005-954. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, 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 10:35 p.m. Respectfully Submitted, erry 0 aier, City Clerk • ATTEST: Eug a axwell, Mayor August 3, 2005 City Council Meeting Minutes Page 7