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12-02-2008A regular meeting of the Hopkins City Council was held on December 2, 2008, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Youakim, Brausen, Rowan, and Halverson. Also, present were staff members Getschow, Genellie, Stadler, Elverum, Anderson, and City Attorney Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:36 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. PRESENTATIONS 1 . Proclamation for Met Council Representative Mary Hill Smith Mayor Maxwell read the proclamation which proclaims December 2, 2008 as Mary Hill Smith Day in Hopkins. Mayor Maxwell presented the proclamation to Ms. Smith. 2. 2008 Community Image Awards (Memo) Each year the City of Hopkins recognizes certain properties for their contribution toward the image of the community. Nominations are placed into one of three categories; Commercial/Industrial/Office, Multi-family Residential, and Single-family Residential. There is no limit to the number of awards that can be selected. This year's awards were given to: Dale and Phyllis Morgan, 345 - 10t" Ave N in the Single-family Residential category; Nine Mile Cove, Highway 169 and 2nd Ave S and Ramsgate Apartments, 421 Van Buren Ave N in the Multi-family category; and Top Colour Shop, 1513 Mainstreet and Dairy Queen Grill and Chill, 510 Blake Rd N in the Commercial/Industrial/Office Category. IV. REPORTS -COMMITTEES/COMMISSIONS 1 . Zoning and Planning Patrick Beddor reported for the Zoning and Planning Commission. The Commission discussed the vacation of 1St St N, the site plan approval for Mayon Plastics, and the preliminary/final plat for 242 Van Buren Ave. The Commission recommended approval of all three. December 2, 2008 City Council Meeting Minutes Page 1 V. CONSENT AGENDA 1. Minutes of November 3, 2008 City Council Work Session 2. Minutes of November 18, 2008 City Council Meeting 3. Minutes of November 18, 2008 City Council Work Session 4. Ratify Checks Issued in November 2008 Council Member Youakim 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 Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. Mayor Maxwell stepped down for the next item. VI. NEW BUSINESS 1. Approve Off Sale Liquor License for Ronald Flynn, dba Jim's Liquor (CR2008-1 13) Ronald Flynn has is in the process of purchasing Jim's Liquor and has applied for an Off Sale Liquor License. The Police Department has reviewed the application and done a background investigation and has found no reason to deny the license. Mr. Flynn has also requested a license to sell tobacco. Council Member Brausen moved and Council Member Halverson seconded a motion to approve and off sale liquor license and a license to sell tobacco for Ronald Flynn, dba Jim's Liquor at 3 - 6T" Ave S. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye. The motion carried unanimously. Mayor Maxwell returned to the table. 2. Adopt Resolution 2008-069, Approving Ordinance 2008-1005 for First Reading -Street Vacation, Excelsior Crossings (CR2008-109) In November, the City Council approved a childcare facility for the Excelsior Crossings development. As part of the final piece of the development, Opus is requesting that a small portion of 1St St N be vacated. The portion to be vacated is a triangular piece with 94 square feet and is located on the west end of 1St St N. It has been determined that the piece is not needed for a public purpose. The Zoning and Planning Commission recommended approval. The vacation would be in compliance with the Zoning Ordinance and with the Comprehensive Plan. December 2, 2008 City Council Meeting Minutes Page 2 Council Member Youakim moved and Council Member Brausen seconded a motion to adopt Resolution 2008-069, approving Ordinance 2008-1005, approving the vacation of part of a street for the Excelsior Crossing development for first reading. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Adopt Resolution 2008-071, Approving Preliminary/Final Plat for 242 Van Buren Ave (CR2008-1 1 1) The applicant, Carol Carpenter, currently owns two adjoining lots. One lot, 242 Van Buren Ave is a long lot that extends to Jackson Ave. The other lot is smaller and is located on Jackson Ave. Ms. Carpenter would like to divide 242 Van Buren into tow lots and add the west side of 242 Van Buren that abuts Jackson Ave to the small lot on Jackson. The new, larger lot on Jackson would allow a new home to be constructed. The small lot on Jackson is not buildable without the addition of the west side of 242 Van Buren. The proposed plat would be in compliance with the Zoning Ordinance, Comprehensive Plan, and Subdivision Requirements and would meet the minimum lot size requirements. The Zoning and Planning Commission recommended approval. Carol Carpenter came forward to answer questions. Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2008-071, approving apreliminary/final plat for 242 Van Buren Ave. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Adopt Resolution 2008-070, Approving Site Plan Review -Former Mayon Plastics Building (CR2008-1 10) Swervo Development Corporation has a purchase agreement for the former Mayon Plastic building located at 415 - 17`" Ave N. The applicant is proposing to remove the west side of the building and remodel the east side for approximately 13,000 square feet of retail space. There could be up to seven retailers in the building. The parking area will be located on the west and south side of the building. If the site ends up as 100% retail, the site would be short ten parking spaces. L.A. fitness has more spaces than required by ordinance. The applicant will have an agreement with L.A. Fitness to allow ten parking spaces which would comply with the required amount of spaces within 350 feet of the site. December 2, 2008 City Council Meeting Minutes Page 3 Sheldon Berg, site architect, and Ned Abdul, Swervo Development, came forward. The Council discussed parking, air conditioning units, lighting, possibility of environmental clean up and types of uses for the site with the applicants. Council Member Brausen stated that he would like the developer to work with staff on choosing retail uses for the building that would not interfere with Mainstreet businesses. The Zoning and Planning Commission recommended approval. Council Member Halverson moved and Council Member Rowan seconded a motion to adopt Resolution 2008-070, approving a site plan to remodel the existing Mayon Plastic building into a retail building at 415 - 17t" Ave N. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 5. Adopt Resolution 2008-065, Sale of 13 and 15 Harrison Ave to Twin Cities Habitat for Humanity and the Designation of the Use of Proceeds (CR2008-107) The City purchased a lot along Harrison after the Excelsior Blvd expansion in 2007. The lot was replatted into two lots, 13 and 15 Harrison Ave, for single-family homes. The City then hired a realtor to list the lots. In late 2007, the Twin Cities Habitat for Humanity and the City agreed on a purchase price of $75,000 per lot. The resultant Memorandum of Understanding that was signed was contingent on TCHFH receiving HOME funds from Hennepin County. The HOME funds were not awarded and the Memorandum of Understanding was voided. TCHFH continued to search for funds, which they received from the Minnesota Housing Finance Agency's LAAND program. TCHFH then returned to the City of Hopkins in June with an offer of $70,000 per lot. Before closing on the properties, a resolution approving the revised sale price of $140,000 for both lots is required. Construction will begin no later than next fall on the first home and could possibly begin in the spring. Council Member moved Youakim and Council Member Brausen seconded a motion to adopt Resolution 2008-065, to sell 13 and 15 Harrison Ave to Twin Cities Habitat for Humanity for $140,000 and designate those proceeds to the Hopkins Center for the Arts. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. December 2, 2008 City Council Meeting Minutes Page 4 VIII. ADJOURNMENT There being no further business, Council Member Rowan moved and Council Member Halverson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:50 p.m. Respectfully Submitted, Terry Obermaier, City Clerk ATTEST: i~~ ~ Euge J. axwell, Mayor December 2, 2008 City Council Meeting Minutes Page 5 COUNCIL MEMBERS ~