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12-05-06A regular meeting of the Hopkins City Council was held on, December 5, 2006, in the ~- Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Youakim, Thompson, Rowan, and Halverson. Also, present were staff members Getschow, Genellie, Stadler, Kerrigan, Anderson, Elverum, 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. PRESENTATION 1 . Human Rights Award Judy Reinehr, Chair of the Human Rights Commission, announced the recipients of the 2006 Hopkins Human Rights Award. The first recipient is Katherine Magdal. Katherine was selected for her work on the Blake Road Corridor project. Katherine has played a crucial role in coordinating the many participants in the project. Her work on this project truly helps to "foster a community that embraces diversity, mutual respect, and principles of equal opportunity". The second recipient was the YMCA in recognition of its efforts in the City of Hopkins. The YMCA, in addition to being an ongoing partner in the Depot Coffee House/Teen Center project, has been participating in the Blake Road Corridor project. The YMCA has provided recreational opportunities for all of the children living in the Blake Road Corridor regardless of race or creed. Brian Kerkern, Executive Director YMCA and Amanda Larwson accepted the award for the YMCA. IV. REPORTS - COMI~/IITTEES/COMMISSIONS There were none. V. CONSENT AGENDA 1 . Minutes of November 21, 2006 City Council Meeting 2. Minutes of November 21, 2006 City Council Work Session 3. Minutes of November 28, 2006~City Council Work Session 4. Minutes of October 10, 2006 City Council Work Session 5. Ratify Prior Month's Disbursements 6. Approve Livable Communities Levy (CR2006-143) 7. Adopt Resolution Supporting the Preliminary Recommendations of the Southwest Transit Alternatives Analysis Study (CR2006-144) December 5, 2006, City Council Meeting Minutes Page 1 8. Miscellaneous Licenses for Approval Council Member Rowan 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 Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. NEW BUSINESS 1 . Accept City Image Marketing Plan (CR2006-142) In January, 2006, the City, in cooperation with the Hopkins Business and Civic Association requested proposals for the development of a brand and marketing plan for Hopkins. Citylmage was selected and began a process of interviews, focus groups and other research. Several designs and ideas were presented. From this work, a brand was developed - "Think Hopkins". The project has been budgeted in the amount of $15,000 in the 2007 budget. Tom Bullington, Citylmage, explained the major recommendations and how they would be put into place. Council Member Rowan moved and Council Member Youakim seconded a motion to accept the Citylmage Branding and Marketing Strategy for Hopkins and authorize the implementation of the plan. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Approve Construction of Special Purpose Fence at 220 Interlachen Rd (CR2006-134) Trygve and Dee Pederson, 220 Interlachen Rd, are proposing to construct a solid six-foot fence along the back and south side of their home. Zoning ordinances allow four-foot fences between homes, six-foot fences in the back yard, and requires that all fences be 25 percent open. Other types of fences permitted with a conditional use permit. Fences for special purposes and of differing construction, height or length may be permitted in any district in the City by the issuance of a conditional use permit and by the Council upon proof and reasons submitted by the applicant and upon the signing by said bodies that such special purpose is necessary to protect, buffer or improve the premises for which such fence is intended. The Zoning and Planning Commission recommended denial. Mr. and Mrs. Pederson presented pictures of the yard and proposed fence to the Council and answered questions. December 5, 2006, City Council Meeting Minutes Page 2 Mr. Pederson asked the City Attorney to explain the interpretation of a specific ordinance. Council answered that Ms. Anderson would confer with the City Attorney and get back to Mr. Pederson by the end of the week. Council Member Thompson moved and Council Member Youakim seconded a motion to adopt Resolution 2006-079, denying a conditional use permit for a special purpose fence at 220 Interlachen Rd. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, nay; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried. 3. Approve Variance at 620 - 10t" Ave S (2006-135) Frank Petruska owns the property at 620 - 10t" Ave S. The property consists of two lots. There is an existing home on the northerly lot. The southerly lot is vacant. The existing home on the northerly lot is 5.8 feet from the southerly lot line. The side yard setback in the R-2 zoning district is 10 feet for a one story home. A 4.2-foot variance is being requested. The stated hardship is that the southerly lot is not buildable if the variance is not granted on the northerly lot. The Zoning and Planning Commission recommended approval. Council Member Thompson moved and Council Member Rowan seconded a motion to adopt Resolution 2006-80, approving a 4.2-foot side yard setback variance at 620 - 10t" Ave S. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Side yard Setback Variance -Vacant Lot South of 620 10t" Ave S (CR2006- 136) Frank Petruska owns the property at 620 - 10t" Ave S. The property consists of two lots. There is an existing home on the northerly lot. The southerly lot is vacant. The applicant wants to construct atwo-story home on the southerly lot. The lots are zoned R-2, Low Density Multiple Family. The side yard setback in the R-2 Zoning District is 10 feet for cone-story home and 12 feet for atwo-story home. A four-foot southerly side yard variance is being requested to construct atwo-story home on the vacant lot. The applicant has no hardship for this variance. Jackie Lewis, 628 10t" Ave S, and Paul Joppa, 614 10t" Ave S, came forward to comment on the variance. Staff stated that the Zoning and Planning Commission discussed the possibility of rezoning the two blocks of 10t" Ave to 1-A in the Comprehensive Plan review process, but have no intention of doing so at this time. The two blocks of 10t" Ave S are plated in 50-foot lots and there are only single and two family homes on the blocks that are December 5, 2006, City Council Meeting Minutes Page 3 permitted in the R-1-A district. If the two blocks are rezoned, the side yard setback would be eight feet and a variance would not be needed. Council Member Thompson moved and Council Member Halverson seconded a motion to deny afour-foot side yard setback variance at the vacant lot at 620 10t" Ave S. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 5. Site Plan Review, Block 64 (CR2006-138) GPS Development, LLC is proposing to redevelop Block 64. The location of the proposed redevelopment is between 5th and 6t" Avenues and Mainstreet and 1St St N. The proposed redevelopment is for six buildings with 220 units; four buildings with 35 units plus one guest unit and two buildings of 36 units. There will also be approximately 6,800 square feet of retail space along Mainstreet. The residential buildings will be four stories high. The site is proposed to be rezoned PUD. The development will be phased. The first phase will be the buildings abutting Mainstreet. The second phase would be the buildings in the center of the site. The third would be the buildings abutting 1St St. One change was made to the plan since the original concept review. A section of retail parking was added to the site plan. The plan complies with the Comprehensive Plan. The Zoning and Planning Commission recommended approval. Steve Flannigan, GPS Development came forward to review the site plan and elevations. Council Members discussed the exterior view, utilities, parking, and trash. Jim Kerrigan, Director of Planning and Community Development, reminded the Council that there are still many outstanding issues and that the applicant will be appearing before the Council for final approvals. Council Member Halverson moved and Council Member Youakim seconded a motion to adopt Resolution 2006-082, approving a site plan to construct 220 residential units and 6800 square feet of retail for the Sixth and Main Development. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 6. Approve rezoning to Planned Unit Development on Block 64 (CR2006-138) GPS Financial Properties is proposing to redevelop the block north of Mainstreet and south of 1St St N between 5t" and 6t" Avenues. The entire block will be razed to construct six buildings with 220 units; four buildings with 35 units plus one guest unit and two buildings of 36 units. There will also be approximately 6,800 square feet of retail space December 5, 2006, City Council Meeting Minutes Page 4 along Mainstreet. The residential buildings will be four stories high. The condominiums will be owner-occupied. The plan is in compliance with the Comprehensive Plan. The Zoning and Planning Commission recommended approval. Council Member Thompson moved and Council Member Rowan seconded a motion to adopt Resolution 2006-83, approving Ordinance 2006-978, placing an overlay zoning of Planned Unit Development for the property on the entire block between 5t" and 6t" Aves north of Mainstreet and south of 1St St N. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 7. CUP Residential Units in B-3 Zoning District (CR2006-140) GPS Financial Properties is proposing to redevelop the block north of Mainstreet and south of 1St St N between 5t" and 6t" Avenues. The entire block will be razed to construct six buildings with 220 units; four buildings with 35 units plus one guest unit and two buildings of 36 units. There will also be approximately 6,800 square feet of retail space along Mainstreet. The residential buildings will be four stories high. The condominiums will be owner-occupied. Residential uses are permitted in the business district above retail with one off-street parking space per unit, an entrance leading directly to a public street and the density that is allowed in R-3. The density of the development will be greater than the R-3. The PUD zoning overlay allows flexibility in the zoning requirements. The other requirements would be met with this plan. The use is in compliance with Comprehensive Plan. The Zoning and Planning Commission recommended approval. Jim Kerrigan stated that condition number six was a condition that the Zoning and Planning Commission requested, but that placing the condition on the developer may make it difficult to obtain financing on the project. The condition would also be difficult for the developer to verify. Council Member moved and Council Member seconded a motion to adopt Resolution 2006-85, approving a conditional use permit to allow residential in a B-3 zoning district for the Sixth and Main Development and instructed staff to remove condition six from the resolution. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 8. Approve Amendments to the Zoning Ordinance (CR2006-141) At various times, staff proposes amendments to sections of the zoning ordinance that need to be updated. The amendments are to correct inconsistencies or problems that December 5, 2006, City Council Meeting Minutes Page 5 have been identified or just to update the ordinance. Several of the proposed amendments are basically housekeeping amendments. -® Nancy Anderson reviewed the changes. Council Member Rowan moved and Council Member Halverson seconded a motion to adopt Resolution 2006-086, approving Ordinance 2006-977, adopting various ordinance amendments. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. ADJOURNMENT There being no further business, Council Member Youakim moved and Council Member Halverson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:35 p.m. Respectfully Submitted, Terry Obermaier, City Clerk ATTEST: Eugene axwell, Mayor December 5, 2006, City Council Meeting Minutes Page 6