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08-04-04A regular meeting of the Hopkins City Council was held on August 4, 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, Stadler, Kerrigan, N. 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. Elizabeth Ann White. Chief Reid introduced Elizabeth Ann White, stating that a police officer does not obtain authority from the State, but rather from the community that is served. The oath of office was administered to Ms. White. Officer White chose her mother to pin her badge. 2. Lisa Butts, Human Rights Commission. The Oath of office was administered to Lisa Butts. IV. REPORTS -COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission Virgil Arness reported that the Commission held a meeting on July 7th. The Commission reviewed the CUP for a sign at Oak Ridge Place and recommended approval. They also reviewed a rezoning, comprehensive plan amendment, a CUP, and apreliminary/final plat for the Hopkins House site. All commissioners voted to recommend approval, but were disappointed that the target age changed from the original over 55 years of age to younger. The Commission discussed the site plan review process and the flood plain ordinance and recommended approval of both. V. CONSENT AGENDA 1. Minutes of July 20, 2004 City Council Meeting 2. Ratify Prior Month's Disbursements 3. Approve Miscellaneous Licenses August 4, 2004 City Council Meeting Minutes Page 1 4. Second Reading Amendments to Sections 710 and 715 of the City Code (CR2004-128) 5. Approve Final CIP (R2004-127) 6. Approve ERP (CR2004-126) 7. Approve Temporary 3.2 Beer License for St. Joseph's Fall Festival (CR2004- 124) 8. Approve Bid for Used Refuse Truck (CR2004-125) 9. Appointment of Election Judges (CR2004-123) Item four was pulled from the consent agenda for discussion. Council Member Johnson moved and Council Member Thompson seconded a motion to approve the Consent Agenda as amended. 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. Several residents came forward to address the second reading of ordinance amending sections 710 and 715 of the City Code. Sandy Miller, President of the Meadow Creek Condo Association, stated that the multi-family homeowners were being treated differently and felt that their tax dollars were being used to support single-family homeowners, but the reverse was not true. Steve Stadler stated that the difference is in the size of the meters, not the type of homeowner. Other services we perform, such as garbage removal, are different for different types of homeowners. Commercial is also based on size. Lori Oestreich, Landmark Tr. N, asked if single-family homes with larger meters were r placed free or if they would pay. Mr. Stadler responded that they would pay. Mark Knoblauch, Westbrooke Patio Association, stated that they have replaced several meters at their expense and now would have to have some of them retrofitted. This will be a large expense for their association. Mark stated that the pipe size was arbitrary. Patricia Butler, General Manager Westbrooke Patio Homes, stated that both Meadow Creek and Westbrooke are not for profit associations. June Degrandis, resident of Meadow Creek, asked for the difference in cost of a one- inch meter and a larger meter and asked if the City could pay the difference. Council Member Thompson asked if the ordinance could be changed to give the meter to homeowner occupied units. August 4, 2004 City Council Meeting Minutes Page 2 City Attorney Steiner responded that they could look at home owner occupied language, but there could be mixed uses on a line. Council Member Brausen said the meters have to be verified for accuracy. Homeowners that already have the new meters could say that those who do not have new meters are not paying for all the water they use. Some meters have never been tested. The testing could cost as much as the new meter. Council Member Johnson stated that she would like to look into the idea of owner occupied homes getting meters from the City. Council Member Rowan agreed. In response to questions asked by the City Manager, Mr. Stadler said that the meters are paid for from the water utility funds, not tax dollars; and the City installs the smaller meters, a plumber has to install those over one inch. The City has limited the service to what the City is capable of doing, similar to garbage collection. Council members questioned the time line. Mr. Stadler responded that the program begins in 2005, so there is nothing compelling action at this time. Mr. Genellie stated that staff would notify all those identified as being affected by the ordinance when the discussion will be held. It probably would not be until October. Council Member Rowan suggested a credit on the water bill for owner occupied units. Council Member Johnson asked if there were other affected homeowners. Mr. Stadler said that he would do the research prior to a work session discussion. Council Member Brausen moved and Council Member Rowan seconded a motion to continue the second reading to a future date. 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. VI. PUBLIC HEARING 1. Charter Amendment (CR2004-122) The Charter Commission met on April 27, 2004 and on June 22, 2004, and voted to recommend adoption of Ordinance 2004-925. For budget reasons, the Council has recently decided to transfer the Board of Equalization to the County. Currently, the Charter states, "The Council shall constitute the Board of Equalization." New language would change that to "Unless the City Council provides otherwise as permitted by law, the Council shall constitute the Board of Equalization". Mr. Genellie ~ reviewed the process for changing the charter. Mayor Maxwell opened the public hearing at 8:21 p.m. August 4, 2004 City Council Meeting Minutes Page 3 No one came forward. Council Member Johnson moved and Council Member Thompson seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:21 p.m. Council Member moved and Council Member seconded a motion to Approve Ordinance 2004-925 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. VII. NEW BUSINESS 1. Approve Contract for City Manager Search Consultant (Memo) Council Member Johnson moved and Council Member Rowan seconded a motion to continue the item to the August 17`h meeting. 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. CUP for Sign at Oak Ridge Place (CR2004-1 15) The new condos at Oak Ridge Place, located north of the Hopkins Methodist Church, are currently under construction. The proposed sign will be a monument sign located on the south side of the site, in the green area separating the church property from the condo property. The sign will have a ledgestone base with eight inch by twelve- inch letters. The sign will be lightened by indirect lighting from the ground. The site is zoned residential. All signs over twelve square feet in residential areas are required to obtain a conditional use permit. The Zoning and Planning Commission recommended approval. Nancy Anderson reviewed the site and design plans. Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2004-52, approving a conditional use permit to erect a sign at Oak Ridge Place. 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. Hopkins House Redevelopment Mathwig Development is proposing to convert the former tower of the Hopkins House into 47 residential units. Items number three, four, five and six are all approvals for the project. The units will be sold as condominiums. The site plan indicates razing the building on the east side of the tower and constructing six townhomes. The price August 4, 2004 City Council Meeting Minutes Page 4 range will be approximately $200,000 to $230,000. The applicant is also proposing to add a commercial pad on the south side of the building to accommodate approximately 2000 square feet of retail space. The conversion of the tower into residential units requires rezoning. The Comprehensive Plan will need to be amended to allow the residential units. The site will be plated to separate the residential from business. A conditional use permit will be required. The current zoning is B-3. The Zoning and Planning Commission has recommended approval of the project. Ms. Anderson reviewed the plans. The Council discussed the inclusion of the commercial pad in the PUD process. Jim Kerrigan stated that there would be PUD agreement. If the PUD agreement is not followed through, it will revert to B-3. The commercial pad will remain B-3. Council Member Johnson stated that she would like to see the commercial pad included in the PUD. Jerry Steiner, City Attorney, stated that the commercial pad could be included in the PUD. Design standards and limitations on use would have to be agreed on before the PUD agreement is finished. Gretchen Camp, Troy Mathwig, and Mike Roes came forward to review the plans and answer questions. Mr. Roes explained their marketing strategy. Their strategy should attract ages 55 plus, but there are always the 35 and under singles that would look at this type of housing. He also stated that that market is getting weaker. The Council discussed adding the commercial pad to the PUD. Mr. Mathwig responded that they would be limited to those uses allowed in B-3. City Attorney Steiner suggested that language regarding incompatible uses could be included in the PUD agreement. The Council will need to speak to specifics and cannot be arbitrary. The decision would have to serve the public need; otherwise it would be left with a B- 3designation. The Council further discussed the options. Judy Arness, 16 Ashley Rd, questioned the prices of the units in comparison to Cloud Nine, a similar project in Opus. Mr. Roes that the Cloud Nine costs per square foot would be a little higher than this project. 3. Rezoning, Former Hopkins House (CR2004-1 16) The R-5 zoning allows one unit per every 1000 square feet of lot. The PUD zoning is site specific and will allow only the proposed development. The PUD Zoning will also allow flexibility in zoning requirements. Council Member Thompson moved and Council Member Brausen seconded a motion to adopt Resolution 2004-53, approving Ordinance 2004-927, rezoning the former August 4, 2004 City Council Meeting Minutes Page 5 Hopkins House site to R-5 PUD, High Density Multiple Family 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. 4. Comprehensive Plan Amendment, Former Hopkins House (CR2004-1 17) The Comprehensive Plan will need to be amended to allow the residential. Council Member Johnson moved and Council Member Rowan seconded a motion to adopt Resolution 2004-54, approving a Comprehensive Plan amendment from Commercial to High Density Multiple Family for the former Hopkins House Hotel. 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. Preliminary/Final Plat, Former Hopkins House (CR2004-1 19) The Plat will divide the residential and retail areas into separate lots. Nancy Anderson reviewed the plat. Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2004-56, approving apreliminary/final plat for the former Hopkins House site. 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. CUP, Former Hopkins House (CR2004-1 18) The applicant will have to apply for a site plan review for the construction of the building on the retail pad. A PUD agreement will be executed. Council Member Thompson moved and Council Member Rowan seconded a motion to adopt Resolution 2004-55, approving a conditional use permit to redevelop the former Hopkins House into 47 condo units, and construct six town homes. 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. Engineer Service Agreement, CSAH 3 streetscape, 9th Avenue to Highway 169 (CR2004-129) The Phase III area of Excelsior Blvd, from 9th Ave to Hwy 169, is planned to receive landscape/streetscape and lighting improvements to match the first two phases of the project. In order to stay on track, it is necessary to begin streetscape design. The August 4, 2004 City Council Meeting Minutes Page 6 CIP includes $750,000 for this project. The estimated cost for schematic design and survey work is $24,000. Staff recommends the Hoisington Koegler group. Council Member Rowan moved and Council Member Thompson seconded a motion to authorize the Mayor and City Manager to enter into an agreement with Hoisington Koegler Group, Inc. for Excelsior Blvd, Phase III streetscape design and construction services. 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. First Reading Establishing Site Plan Review Process (CR2004-121) Last summer, the Council and Planning Commission reviewed a site plan review ordinance. The reason for the discussion was the criteria that require a conditional use permit to review proposed developments. This discussion has focused around the threshold of requiring a CUP if the cost of the exterior improvements is over $150,000. There have been criticisms that the applicants take out several permits so as not to trigger the $150,000 threshold and be required to appear before the Zoning and Planning Commission and the City Council. The review process will be similar to the CUP process, but will allow the review of more improvements that would fall under the $150,000 threshold in the CUP process. The Zoning and Planning Commission recommended approval. This process will replace the CUP process. Council Member Brausen moved and Council Member Thompson seconded a motion to adopt Resolution 2004-58, recommending approval of Ordinance 2003-913, to amend the zoning ordinance to add a site plan review ordinance 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. 9. Zoning Amendment, Flood Plain Ordinance (CR2004-120) The Federal Emergency Management Agency (FEMA) has notified the City that the Hennepin County Flood Insurance Study will become final on September 2, 2004. Communities that are participating in the National Flood Insurance Program are required to adopt a flood plain ordinance that is compliant with state and federal standards within six months from formal notification from FEMA. If the ordinance is not amended, the City is subject to suspension from participation in the National Flood Insurance Rate Map. The Zoning and Planning recommended approval. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Resolution 2004-57, approving Ordinance 2004-928, amending the flood plain section of the zoning ordinance 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. August 4, 2004 City Council Meeting Minutes Page 7 VIII. ADJOURNMENT There being no further business, Council Member Thompson moved and Council Member Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent 9:28 at p.m. Respectfully Sub erry Of~maier, City Clerk ATTEST: ~~~ Euge a .Maxwell, Mayor August 4, 2004 City Council Meeting Minutes Page 8