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10-06-98A regular meeting of the Hopkins City Council was held on Octob r 6, 1998, in the Council Chambers of the Hopkins Crty Hall. Present were Mayor Redepenning and Council Members Maxwell, Jensen, Hesch, and Johnson. Also present were staff members Mielke, Stadler, Kerrigan, Gessele, Hartshorn, Anderson, Max-Macintosh, Elverum, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Redepenning called the meeting to order at 8:20 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Angie Roesner, 601 - 7"' Ave S, asked if the public would be given the opportunity to respond to item six under new business. Mayor Redepenning assured her that they would. III. CONSENT AGENDA 1. September 15, 1998 Regular City Council Meeting Minutes 2. Disbursements, Prslist 1047 3. Miscellaneous Licenses 4. Approve Appointment to Park Board (Memo) 5. Approve Traffic Signal Maintenance Agreement, Hennepin County (CR98-166) 6. Participation in Livable Communities Act Program (CR98-164) 7. Approve Southwest Regional Trail Winter Activities (CR98-152) 8. Approve Appointment of Election Judges, General Election (CR98-163) 9. Phase II Transit Study (Memo) Council Member Jansen moved and Council Member Hesch seconded a motion to approve the consent agenda. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jansen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. IV. PRESENTATION 1. Proclaim November 15 America Recycles Day in Hopkins (Memo) Kathy Max-Macintosh, City of Hopkins Recycling Coordinator, said that Recycling Day is a national event. The theme for 1998 is "If you're not buying recycled, you're not really recycling'. Ms. Max-Macintosh said that the focus in 1998 is to close the loop and encourage all to buy and utilize products that are made from recycled materials. Mayor Redepenning read the proclamation, proclaiming November 15 as America Recycles Day in Hopkins. Ocfiober 6, 189s City Coundl Ms tiny Minutes Paps 1 2. PresJ.~~ion, 1998 Hopkins Community Image Awards (M mol Karsten Elv rum said that the Hopkins Community Image Awards recogniz individuals and busin saes who have made an exterior improvement to their property or who have demonstrated continued superior maintenance of their home or business, which in turn has a significant positive impact on the image of the City. Nominations come from the community. Mayor Redepenning presented six awards. Those receiving them are as follows: Single-family Residential Kathleen Treanor, 300 - 5~' Ave N Robert and Patricia Stacken, 402 - 13~' Avs N Multi-family Residential Raspberry Woods Townhomes -Stuart Corporation, 900-993 Woodhill Court Commercial Hillary's -Hillary Feder owner, 914 Mainstreet Glenrose Floral and Gifts - Japhet Kakach owner, 725 Mainstreet Duff's Auto Sales -Carl Hanson owner, 1714 Mainstreet V. PUBLIC HEARING 1. Establish TIF District 2-11, SuperValu Project ICR98-151) Jim Kerrigan told the Council that the Hopkins Housing and Redevelopment Authority has brrtb. ad into a redevelopment agreement with SuperValu, Inc to undertake a project on the former Hennepin County Public property. The agreement states that the HRA will consider fomning a TiF District for acquisition and demolition costs of future development. Mr. Kerrigan said that the City could also provide tax increment to other developers and properties in the project. Mr. Kerrigan said that the establishment of the area does not obligate the Council to grant funds. Hennepin County and School District 270 war notified. The Zoning and Planning Commission found that the tax increment plan for District 2-11 is in conformance with the C'rty's Comprehensive Plan. Mayor Redepenning opened the public hearing at 8:00 p.m. Don Roesner, 618 Park Valley Drive West, said he was not in favor of creating another tax increment district. Council Member Johnson moved and Council Member Hesch seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:09 p.m. Council Member Hesch moved and Council Member Jensen seconded a motion to Adopt Resolution 98-061, approving modification to the red velopm nt plan for Redevelopment Proj ct 1, and stablishing Tax Incr meat Financing District 2-11 then in and adopting the October 8, 1998 City CouncN Meednp Minut s Pps 2 related tax increm nt financing plan. A poll of th vot was as follows: Council Member Maxw II, nay; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. 2.Establish TIF District 2-10, HBC (CR98-154) Jim K rrigan said that the Hopkins Housing and Redevelopment Authority entered into an afire m nt with Stiele/Bakken Investments on the former Hennepin County/Bum site redevelopment project. In the agreement, the Hopkins HRA will consider forming a TIF district for future phases. The HRA approved a preliminary Tax Increment Application. Now the new district needs to be created. Hennepin County and School District 270 w re notified and the Zoning and Planning Commission found that the tax increment plan is in conformance with the City's Comprehensive Plan. Mayor Redepenning opened the public hearing at 8:17 p.m. Don Roemer asked how much of Hopkins is in a tax increment district. Mr. Kerrigan answered that approximately nin pert nt of the tax capacity is in tax increment. Angie Rossner said that she would lik to know how many acres are in tax increment. Mr. Kerrigan said he did not know. Council directed staff to find that information and forward it to Ms. Roemer and the City Council. Council Member Hesch moved and Council Member Johnson seconded the motion to close the public hearing. The public hearing was closed by unanimous consent at 8:27 p.m. Council Member Johnson moved and Council Member Maxwell seconded a motion to Adopt Resolution 98-062, modifying Redevelopment Project 1, establishing Tax Incr m nt Financing District 2-10, and approving and adopting the modified redevelopment plan and tax increment financing plans related thereto. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member JenseQ, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 2. Adopt Assessment Roll, 1998 Miscellaneous Special Aasessments lCR980165) Jim G seals told Council that the special assessments being assigned to the tax rolls are for delinquent utility and mowing invoices, parking ramp maintenance costs, utility connection charges, certain private improvements associated with the 6''" Ave Storm Sew r Project and a retaining wall installation. One appeal was received from Cindy Chapman. Ms. Chapman requested that the assessment be cancelled because the false fire alarm was from the previous owner. Staff recommended that the appeal be granted. Mr. Gessele said that item thirty is reported incorrectly and should be corrected to S 166.81 total tax owed and noted that soma of the items have been paid in full. Mayor Redepenning opened the public hearing at 8:35 p.m. No one came forward. Council Member Jensen moved and Council Member Johnson seconded a motion to close the public h aring. Th hearing was closed by unanimous cons nt at 8:36 p.m. Oc~bober 8, 1898 City Coundl M~stirp Minuas Pps 3 Council Member Maxwell moved and Council M mbar Hesch seconded a motion to adopt Resolution 98-71, Resolution for Adoption of Assessm nt Roll, 1998 Miscellan ous and Certain Private Improvement Special Assessments excluding those that have been paid, correcting item thirty to ~ 166.81, and granting the appeal from Cindy Chapman. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. VI. OLD BUSINESS 1. Approve SuperValu Redevelopment Project CUP Agreement (CR98-099~ James Kerrigan told Council that the development agreement for this project describes the improv~~.,,.~ required of SuperValu in a general way with the ~tutement that detailed requirements would be included in the Conditional Use Permit Agreement. Mr. Kerrigan said that the specifically identified improvements included in the agreement were prepared bas d on input from the Public Works Department and that the agreement was drafted by City Attorney Jeremy Steiner. Mayor Redepenning moved and Council Member Hesch seconded a motion to Approve and authorize execution of a Conditional Use I'~. «~it Agreement with SuperValu, Inc. A poll of the vot was as follows: Council Member Maxwell, nay; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redspenning, eye. VII. NEW BUSINESS 1. Consider Amendment of CUP, SuperValu Project (CR98-156) Nancy Anderson told the Council that the Applicant, SuperValu, asked to amend th Conditional Use Permit to increase the size of the building proposed in their original CUP. The increase is approximately 88,000 square feet. Ths building will be expanded to the west, therefore the pond on the west side will bs eliminated. The distance from 5~' Street will be increased from 200 to 215 feet. In the original design the distance from 6'" Ave N was 365 feet and will now be 89 feet. The screening along 5~' Street will remain the same. Ths consulting engineers have reviewed and approved the drainage plan. The plans are consistent with toning ordinances and the new plans comply with the Compreh naive Plan. The Zoning and Planning Commission recommended approval. Angie Roesner, 601 - 7"' Ave S, said that she had been under the impression that the building could not be situated differently on the lot because of the need for the third rat ntion pond. If the pond is eliminated, Ms. Roesnsr asked if the west side of the building could become the south side of the building thereby eliminating traffic on the side facing the neighborhood. Council Member Hesch moved and Council Member Jensen second d a motion to adopt R solution 98-64, approving an amendm nt to Conditional Us Permit 98-5 at 320 October 8, 1998 City CouncM IlAssttnp Mhutiss Paps 4 Washington Ave S. A poll of the vote was as follows: Council Member Maxwell, eye; Council Member Jensen, ay ; Council M mbar Hesch, aye; Council Member Johnson, aye; Mayor Red penning, aye. Th motion cam d unanimously. 2. Consider Proliminary/Final Plat, SuperValu Project (CR98-157) Nancy Anderson said that SuperValu will be redeveloping the Hennepin County site, which is platted with the original residential sites. The site needs to bs combined into one lot. The plat as proposed will meet the subdivision requirements and will be in conformance with zoning regulations and the Comprehensive plan. The Zoning and Planning Commission recommended approval. Council Member Johnson moved and Council Member Jansen seconded a motion to adopt Resolution 98-65, approving a preliminary~nal plat for the fomner Hennepin County site. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 3. Consider CUP, SuperValu Project (CR98-158) Nancy Anderson said that the applicant, SupsrValu is proposing to raze 27,138 square fe t of the building at 101 Jo~fri.~on Ave and constrict a 35,974 square foot addition. SuperValu will also be doing interior remodeling of 43,200 square feet to the existing building. The proposed changes are in compliance with zoning ordinsnc:ss and the Compr hensive Plan. The Zoning and Planning Commission recommended approval. Mayor Redepenning moved and Council Member Hssch seconded a motion to adopt Resolution 98-66, approving a conditional use permit to construct an addition to the existing building at 101 Jefferson. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hssch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 4. Consider Conditional Use Permit, Stiele and Bakken/Beard Group (CR98-159) The Applicant, The Beard Group, inc., is proposing to construct atwo-story bank and a on -story office-warehouse on the vacant lot west for 10889 Excelsior Boulevard. The site is approximately 4.99 acres. The proposed development will consist of three buildings. The office/warehouse buildings will be 15 percent office and 85 percent warehouse. The applicant will also be applying for a waiver of plat to adjust the lot lines to comply with the required setbacks. The proposal is in compliance with the zoning ordinances and with the Comprehensive Plan. The Zoning and Planning Commission recommended approval. A discussion concerning traffic patterns followed. October 8, 1998 City Council Meeting Minutes Pegs fi Council Member Hesch moved and Council Member Jensen seconded a motion to adopt Resolution 98-67, approving of a conditional use permit to construct a bank and an offlce/warehous . A poll of the vot was as follows: Council M mbsr Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 5. Consider Waiver of Plat, Stiele and Bakken/Bsard Group (CR98-160) Nancy Anderson said that the applicant, The Beard Group, is proposing to move the lot lin s on the vacant lot west of 10889 Excelsior Boulevard to facilitate the development of a bank and office/warehouse development. Moving the lot lines will allow the project to be in compliance with the set-back requirements. The lots meet the requirements for a waiver of plat. The Zoning and Planning Commission recommended approval. Council Member Jensen moved end Council Member Johnson seconded a motion to adopt Resolution 98-68, approving a waiver of plat to divide the lot at 10889 Excelsior Boulevard. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. Ths motion carved unanimously. 6. Consider Conditional Use Permit for Signage, Meadow Creek (CR98-161) Nancy Anderson said that Meadow Creek Condos is proposing to erect five signs, approximately 34 square feet per side, on weir property, a total of 48 acres. Without a CUP they are allowed one 12-square-foot sign. The proposed signs comply with the requirements of the zoning ordinance. The toning and Planning Commission recommended approval. ' Council Member Hesch moved and Council Member Jensen seconded a motion to adopt Resolution 98-69, approving a conditional use permit to construct signs. A poll of the vote was as follows: Council Member Msxwell, was absent from the table; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor R depenning, aye. The motion carried unanimously. 7. Consider Variance in Garage Height (CR98-155) Nancy Anderson said that the applicant, Christopher Rohr, is applying for a haigh~ variance for a recently constructed garage. The garage was built without obtaining a building permit and one foot too high. Ms. Anderson explained that the applicant obtained a permit for the slab for the garage and thought the permit included full construction. The height of th garage was not discovered until construction was completed. The Zoning and Planning Commission recommended approval. Council discussed the fact that the slab permit is not a standard permit, but one to allow resid nts to begin the building process without waiting for the full p rmit. This is done as a good customer service practice. The problem was created in this situation b cause the Oo~ober 8, 1998 Chy Coundl MNtinp MinutN Pps 8 party taking out the permit thought the permit was for the complete job. It was stated that there is no disc mable difference between the slab permit and the building permit. Council Member Johnson moved and Council Member Hesch seconded a motion to adopt Resolution 98-63, approving a height variance to an existing garage and directed staff to design a slab permit that could not be confused with a building permit. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council M mbar Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion cam d unanimously. 8. Consider Increase in Towing Company Charges (CR98-153) St v Mielke said that the towing and impounding rates under the currant service agreement with Matt's Auto Service have not changed for five years. Mat will have a new Snow Emergency Lot at 11011 Excelsior Blvd. There will also ba a mobile office on-sit for more convenient release of cars and a new phone messaging system. These improvements, plus a standard cost of living justify the request for an increase in the rates for 1999. Matt has requested an increase from #48.00 to 858.00 for towing and from 810.00 to 815.00 for daily storage. Matt Strodal, Mstt's Auto Service, appeared to answer questions concerning hours of operation. Council Msmbsr Johnson asked if the information about the increases could be included in the next newale~ttsr. Mr. Mielke anew red that it would bs included. Council Member Maxwell moved and Council Member Hesch seconded a motion to approve the proposed increase in towing and impound fees effective November 1, 1998. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepanning, aye. The motion carved unanimously. 9. Consider Staffing Plan for HCA and Hopkins Pavilion (CR98-162) Jay Strachota said that the Operations Boards recommended that the Council adopt a new at~~fing plan that would increase staffing at the Hopkins Center for the Arts to a level that would meat present demands. The Facilities Manager would spend eighty percent of time at the HCA and twenty percent at the Pavilion. The Arts Center would hire a half tim employee to work twenty to twenty-five hours per weak and utilize the pavilion secretary ten hours per week. Ths Pavilion staffing would return to the ~t~fing structure of Pavilion Manager, Assistant Pavilion Manager, Secretary and seasonal part-time employees. The Pavilion Manager would report to the Facilities Manager until December 31, 1999. After that, the Pavilion Manager will report to the Parks and Forestry Superintendent and the Faciliti s Manager wilt become 100 percent dedicated to the HCA. Rick Brausen, Chair of the HCA Operations Board appeared to answer questions. Council Member Hssch moved and Council Member Jensen seconded a motion to approve a new ~t~~fing plan for the Hopkins Pavilion and Hopkins Center for the Arts as recommended by staff and the Hopkins Center for the Arts Op rations Board. A poll of the October 8. 1998 Cky CouncN Mesdnp Minutes Paps ~ vote was as follows: Council Memb r Maxwell, aye; Council Memb r Jensen, aye; Council Member H sch, ay ;Council Member Johnson, aye; Mayor Redepanning, aye. The motion carried unanimously. VIII. REPORTS -COMMITTEES/COMMISSIONS Thar ware none. IX. ADJOURNMENT There being no further business, Council Member Jensen moved and Council Member Hesch seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 10:14 p.m. Respectively Submitted, C( ~ env o , cm- a~ ATT = ;~ •~~`V - Charles D. ~`' spanning, COUNCIL MEMBERS ~ ~~ ~~ ,a ~..~,~, •_~ _ ,dam L . ~ `. _ [~ - ~~, ~ - _ 1 October 8, 1898 City CouncY Meeting Minutiss ~ 8