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Agenda HOPKINS CITY COUNCIL FINAL AGENDA . December 21, 2004 7:30 pm THIS FINAL AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF THE CITY COUNCIL MEETING Schedule: 7:30 - City Council Meeting Work Session at conclusion of City Council meeting I. CALL TO ORDER II. OPEN AGENDA - PUBLIC COMMENTS/CONCERNS (Public must fill out a Speaker Request Form. Three minute limit for each person) III. REPORTS 1. Human Rights Commission 2. Chemical Health Commission IV. CONSENT AGENDA . 1. Minutes of December 7, 2004 City Council Meeting 2. Minutes of November 30, 2004 City Council Work Session 3, Minutes of 2004 Budget Public Hearing, December 13, 2004 4, Second reading, Ordinance amending City Code, re: Liquor; (Memo) - Reid 5. Friends of the Library Financial Request; Harkess Vote: Brausen Thompson Rowan - Johnson Maxwell - V. PROCLAMATION 1, Jim Rhodes Day VI. OLD BUSINESS 1. Approve feasibility report, order public hearing, 2005 street improvement project; (CR2004-194) - Stadler Vote: Brausen Thompson Rowan - Johnson Maxwell - . QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE - 939-1421 (The Razzle Line is the City of Hopkins voice message system) VII. NEW BUSINESS . 1. Revision of Legislative Policy 8B, roadway improvements; (CR2004-195) - Stadler Vote: Brausen Thompson _ Rowan Johnson - Maxwell 2. Adoption of 2005 tax levy and 2005 general fund budget; (CR2004-193) - Harkess Vote: Brausen Thompson Rowan - Johnson Maxwell - 3. Authorize renewal of LMC insurance trust policy; (CR2004-192) - Harkess Vote: Brausen Thompson Rowan Johnson Maxwell - VIII. ADJOURNMENT . . , A regular meeting of the Hopkins City Council was held on December 7, 2004, 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 Genellie, Kerrigan, Anderson, Reid, Magda', and City Attorney Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:35 p.m. II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS There were none. III. REPORTS - COMMITTEES/COMMISSIONS 1 . Zoning and Planning Commission Virgil Amess reported for the Zoning and Planning Commission. The Commission met on November 30th. A Joint meeting was held with the City Council. Mr. Amess said that it was very informational and much appreciated by the Commission members. The . commission discussed the CUP for a sign at Wests ide Apartments and liked the design, the CUP for the former Hopkins House Property and liked the plans better than the original, the ordinance amendment reducing the amount of retail space allowed in industrial areas without requiring a CUP or Plan Review Process, and a side yard variance at 220 Homedale. The Commission recommended approval of all items. IV, CONSENT AGENDA 1. Minutes of November 16, 2004 City Council Meeting 2. Minutes of November 23, 2004 City Council Work Session 3. Ratify Prior Month's Disbursements Council Member Rowan 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, V. PRESENTATION 1 . Hopkins Community Image Awards . The Community Image Awards are given annually to individuals and businesses that have made a visual improvement to their property or have demonstrated continued superior maintenance of their property, which in turn has a significant positive impact on the image of the City of Hopkins. This years recipients are: Single Family Residential: Terry December 7, 2004 City Council Meeting Minutes Page 1 , and Lorrie Eiswald, 242 8th Ave N; Mark and Beth Jones, 310 7th Ave N; Multi-Family Residential: Marketplace Lofts - The Cornerstone Group; and Commercial: 1 0" A venue . Properties, LLC, Pamela Paul; and Frame Design Courtyard, John Cooley, VII. NEW BUSINESS 1, CUP, Sign at Westside Apartment (CR2004-186) Westside Apartments is proposing a new sign. Westside Apartments is located on the northeast side of the intersection. The sign as proposed will identify the apartments. The proposed sign will be a monument sign located on the corner of Blake Rd. and Excelsior Blvd. The existing use conforms with the Zoning Ordinances and the Comprehensive Plan, The Zoning and Planning Commission recommended approval. Nancy Anderson reviewed the plans. Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2004-88, approving a conditional use permit to erect a sign at Westside 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, 2. Approve Side Yard Variance, 220 Homedale (CR2004-190) The applicant, Amy Tickle, is proposing to rebuild her home on the same foundation at . 220 Homedale. A fire destroyed the home this past spring and all that remains is the foundation. The existing south side yard setback is nine and one-half feet, The required side yard setback for a two-story home in the R-1-C zoning district is 12 feet. The existing foundation does not have the required front yard setback of 30 feet, but a variance will not be required for the front yard setback because there is a zoning code provision that allows the front yard setback to be equal to the distance of the average front yard setbacks of other homes on the block, The applicant has an undue hardship that is unique to the property. The home was destroyed by a fire, but the foundation remains and can be used again. To move the foundation would create an undue hardship. Nancy Anderson reviewed the site plan with the proposed variance. The Zoning and Planning Commission recommended approval. Mr. Tickle appeared and stated that the home would be rebuilt essentially the same as it was. Council Member Brausen moved and Council Member Thompson seconded a motion to adopt Resolution 2004-91, approving a side yard setback for the lot at 220 Homedale. .. 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, December 7, 2004 City Council Meeting Minutes Page 2 . 3. Amend CUP for Former Hopkins House (CR2004-188) Mathwig Development, the applicant was approved to develop the former Hopkins House into 49 condos and five townhomes. Following their approval and working with their architect and general contractor, a problem was determined. The soil conditions below the tower are questionable and present a problem with the underground parking and the townhomes. Because of the risk, the applicant is now proposing to eliminate the underground parking and the five townhomes. A new four-story structure would be added to the west side of the building and connect to the existing tower. Parking would be provided on the first level and in the lot. The total number of units would be 56 condos. A new PUD agreement would be executed. The Zoning and Planning Commission recommended approval. Ms. Anderson reviewed the site plans. Troy Mathwig and John Vandyke represented Mathwig Development, An architect reviewed the site plans for the new design. Mayor Maxwell asked if they had planned for an outdoor community area with bar-b~que grills. Mr. Mathwig answered that they had not. In response to other questions, Mr. Mathwig stated that some of the balconies might be full, the two buildings are connected, they have about 12 reservations at this time, there is an interior party room and exercise room, and he will consider an outdoor community area. Council Member Johnson moved and Council Member Rowan seconded a motion to adopt . Resolution 2004-89, approving an amendment to the conditional use permit to redevelop the former Hopkins House into 56 condo units. 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. Ordinance Amendment, RE: Retail Space in Industrial District (CR2004-186) There has been concern regarding the percentage of retail space allowed in the industrial district. The existing zoning ordinance a!lows up to 25 percent of the space in a building to be used for retail. The proposed amendments to the ordinance would allow retail up to 10 percent as a permitted use and over 10 percent, up to 25 percent as a conditional use permit. The stipulation of a conditional use permit will require the applicant to conform with section 525.13 of the zoning ordinance. Subdivision 16, I, could require the applicant to have a traffic study completed. The Zoning and Planning Commission recommended approval. Council Member Thompson moved and Council Member Brausen seconded a motion to adopt Resolution 2004-90. 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. First Reading, Ordinance Amending City Code Re: Liquor (CR2004-191) December 7, 2004 City Council Meeting Minutes Page 3 The Police Department has made changes to the Liquor Ordinances that adds a Best Practices Program to liquor licensing. The Program offers incentive to those licensees . who voluntarily undertake certain practices believed helpful in avoiding illegal sales to underage buyers, The two benefits of the Best Practices Program are 1) additional training on identifying fake Ids and other pertinent information free of charge and 2) is that if a violation does occur, the licensee will be given presumptive civil penalties from a different penalty grid. A licensee will be given the opportunity to participate in the Program when their license is first issued and when their license is renewed. The program offers a set of mandatory activities the licensee must perform and a list of several optional activities of which the licensee must select at least two, Licensees that elect not to take part in the Best Practices Program will continue under current license requirements. Chief Reid stated that one plan would not fit all businesses, so, the licensees will have options. Other changes to the ordinance require each licensee to have at least one representative attend all mandatory liquor license training conducted by the City, state that no suspension or revocation will take effect until the licensee has had the opportunity for a hearing, set presumptive civil penalties for violations and establish reduced presumptive penalties for participants in the Best Practices Program. An additiDnal change will direct the Chief Df PDlice tD handle civil hearings on license . violations immediately following the violation. The Chief shall impose penalties for violations based upon a penalty grid established in the ordinance. Licensees may ask for a hearing by Council. Joel Chesin, Mainstreet Bar and Grill, stated that he had not been notified of the changes and wanted to know if this meeting is the only option to speak on the changes. Mr. Chesin said that it sounds like a good change, but he would like the opportunity to review the changes. Mayor Maxwell stated that this is the first reading and that the public would have an opportunity to contact staff prior to the second reading of the ordinance, which will be on December 21 st. Council Member Brausen moved and Council Member Johnson seconded a motion to approve changes to Section 1200 of the Hopkins City Code with the addition of 1200.42, Subd 5, 1200,52, and 1200,54, and to establish a Best Practices Program for the holders of Hopkins Liquor Licenses. 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. Approve Liquor License Application, Serenity Cafe, 811 Mainstreet (CR2004- 191 ) In September, the City Council approved a wine and 3.2 beer license, which included . strong beer, for the Serenity Cate, the applicant. The applicant now wishes to be approved for a full liquor license. December 7, 2004 City Council Meeting Minutes Page 4 . At the time the license was issued, the applicant paid a prorated fee of $1050 for the wine and 3.2 beer licenses. The full liquor license, prorated for three quarters is $5625. The wine and beer fees equaling $1050 were subtracted to arrive at a fee of $4575. The Sunday liquor license is an additional $200. Mr. and Mrs. Gennadiy Muravin came forward. Ms. Muravina stated that they would like to duplicate their cultural experience. Council Member Thompson moved and Council Member Rowan seconded a motion to approve the application for on-sale Liquor License and an on-sale Sunday liquor license for Gena Mainstreet Cafe, Inc. dba Serenity Cafe with the conditions that a new certificate of insurance showing liquor liability be submitted to the Clerk's office prior to issuance and that the Police Department finds no reason to deny. 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 Johnson moved and Council Member Rowan seconded a motion to adjourn the meeting, The meeting was adjourned by . unanimous consent at 8:25 p,m. Respectfully Submitted, Terry Obermaier, City Clerk COUNCIL MEMBERS ATTEST: . Eugene J, Maxwell, Mayor December 7, 2004 City Council Meeting Minutes Page 5