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05-03-05A regular meeting of the Hopkins City Council was held on May 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, Strachota, Kerrigan, Harkess, and City Attorney Jerry Steiner. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:34 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. REPORTS -COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission Jannina Aristy reported for the Zoning and Planning Commission. The Commission acted on the CUP for aforty-foot one-sided sign that will replace a wooden sign at the Oakridge Apartments. The Commission agreed that it would be a nice improvement and recommended approval. The Commission heard a request for a waiver of plat for 250 Interlachen Rd and recommended approval. The Commission also discussed revised uses for the B-4 Zoning District as recommended by the East End Study. They have identified several conditional uses for the district. IV. PRESENTATION 1. Heritage Celebration Committee Jason Gadd, Heritage Celebration Chair, came forward and introduced Barb Westmoreland and Herb Gibbs, committee members. The fifth annual Heritage Celebration will be on Saturday, June 4"' from 1 1:00 am to 3:00 p.m. on Mainstreet, between 1 1"' and 12`" Aves, and at the Hopkins Center for the Arts. A film was played showing segments of past celebrations. Herb Gibbs stated that the Heritage Festivals have brought attention to and increased the membership of the Commission. Barb Westmoreland stated that the group that is involved in the Celebration has grown since the first Celebration. The Hopkins Center for the Arts and the Hopkins School District became involved in the same year. Avery high percentage of the exhibits and performances are done by local Hopkins residents. May 3, 2005 City Council Meeting Page 1 V. PROCLAMATION Mayor Maxwell read a proclamation, proclaiming June 4, 2005, as Heritage Day in Hopkins. VI. CONSENT AGENDA 1. Minutes of April 19, 2005, City Council Meeting 2. Minutes of April 19, 2005, City Council Work Session before the regular meeting 3. Minutes of April 19, 2005, City Council Work Session after the regular meeting 4. Minutes of April 26, 2005, City Council Work Session 5. Ratify Prior Month's Disbursements 6. Approve Use of Credit Cards by City Employees (CR2OO5-056) 7. Approve Penalty for Michelangelo's Restaurant (CR2OO5-055) 8. Letter to Congress Concerning IP Video (CR2OO5-062) 9. Approve Resolution Supporting Application for Hennepin County Environmental Response Fund, Block 64 (CR2OO5-061) In response to Mayor Maxwell, Jim Genellie stated that item number eight concerns legislation that congress is considering regarding Internet video. Cable companies are regulated by Cities and through franchises are required to guarantee specific levels of service, provide public access channels, and pay franchise fees. This resolution will be sent to our representative and will request that Internet video companies be regulated the same as cable companies. Council Member Brausen moved and Council Member Thompson 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. OLD BUSINESS Council Member Rowan stepped down from the table at 7:45 p.m. 1. East End Alley Vacation (CR2OO5-063) At the April 13 City Council Work Session, Council decided to proceed at this time with vacating only the unimproved alley segments created as a result of the Excelsior Blvd. Phase II reconstruction. A public hearing was held on March 15, 2005 and included these properties. May 3, 2005 City Council Meeting Page 2 Steve Stadler reviewed the site map. Those included are the east-west alley segments located south of Excelsior Blvd and between Monroe Ave and Harrison Ave. A public hearing was held on the vacation of several alley rights-of-way on March 15th. Three properties are affected. The City will retain utility easements on all vacated properties. In response to Mayor Maxwell's question, Mr. Stadler stated that the land was all surveyed and that a survey description for filing was written by the surveyor. Council Member Johnson moved and Council Member Thompson seconded a motion to adopt Resolution 2005-032, Resolution to Vacate Various Unimproved Alley Rights-of-Way and Approve Ordinance 2005-948 for first reading. 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 Rowan returned to the table at 7:55 p.m. VII. NEW BUSINESS 1. The Third Lair Skate Park Agreement (CR2005-057) As part of the budget reduction process in 2004, the City Council directed staff to find a means of operating the Overpass Skate Park that would result in little or no operating cost to the City. In 2004, the Park was operated contractually under an Operators Agreement and worked well. The Third Lair will operate the park under essentially the same Operators Agreement with the addition of 510,000 invested in park improvements. The improvements consist of purchasing new equipment, rearranging the equipment, and doing needed maintenance on the existing equipment. Mr. Strachota said that the Third Lair has the connection to the sport community and has the ability to bring the attendance up as well as being able to accomplish the goals of the Council. Those goals being: have the park open as many hours as possible, having affordable admission costs, and be a safe place for youth to skateboard. Mark Muller, Third Lair, stated that their vision is to do the renovation on the park. Kids like fresh and updated equipment. They will change the layout a couple of times during the season. The park will be operated similarly to the Third Lair in Golden Valley. They will have contests, clinics, lessons, and group rates. These attractions should raise attendance. Council Members discussed the rates, hours of operation, renovation schedule, opening date, and advertising. Council Member Brausen moved and Council Member Rowan seconded a motion to approve the Operators Agreement between the Third Lair and the City of Hopkins for May 3, 2005 City Council Meeting Page 3 the operation of the Hopkins Overpass Skate Park for the 2005 season. 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. Approve Waiver of Plat, 250 Interlachen Rd (CR2005-059) Jim Kerrigan reviewed the plat. The applicant, Greg Narr is proposing to divide his lot into two lots. Mr. Narr owns the vacant lot next to 250 Interlachen Rd and wants to add property to the vacant lot to make it a buildable lot. Because the division is a single line, that applicant can do a waiver of plat. There is one issue with the south property line. The City has a 20-foot utility easement, but the utility is on the north side of the easement. The City Engineer would like ten extra feet, but is willing to settle for 7.5 feet. Mr. Narr would like a ten-foot front yard variance. If in the future Mr. Narr requests a front yard variance, staff would support a variance for the additional setback for the additional setback from the easement. The new lot meets the Zoning requirements and the requirements for the waiver of plat. The Zoning and Planning Commission recommended approval of the waiver. Mr. Narr came forward and stated that he would give the expanded easement to the City if he were granted a variance from the 30-foot front-yard setback to a 20-foot front-yard setback. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Resolution 2005-045, approving of a waiver of plat at 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. 3. CUP for Sign at Oakridge Apartments (CR2005-058) Oakridge Apartments is proposing to construct a new monument sign on their property at 640 Oakridge Rd. The sign is over 12 square-feet and therefore requires a conditional use permit. The sign will be located on the corner of the site and will be one-sided. The sign will be 40 square-feet. It will be supported with a masonry structure. The sign will be in compliance with the zoning ordinances and the Comprehensive Plan. It will meet the requirements of a conditional use. The Zoning and Planning Commission recommended approval. May 3, 2005 City Council Meeting Page 4 Jim Kerrigan reviewed the plans. Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Resolution 2005-044, approving a conditional use permit to erect a sign at Oakridge Apartments. 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. 4. First Quarter Financial Report (Memo) Christine Harkess, Finance Director, reviewed the first quarter finances of the City. At the end of the quarter, Revenues are at 24% of total budget and Expenditures are at 19% of budget. General Fund revenues are up approximately 1 1 % over last year, due to increased tax levy and grants received. Overall, the City is in good financial health. No action was taken. 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 8:40 p.m. Respectfully Submitted, erry O maier, City Clerk May 3, 2005 Ciry Council Meeting Page 5