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06-06-06A regular meeting of the Hopkins City Council was held on June 6, 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, and City Attorney Wynn Curtiss. 1. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:30 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Don Roesner, 618 Park Valley Dr W, approached the City Council regarding the compliance of City ordinances. He stated that a lot of thought and work went into the creation of the current ordinances. Compliance is the issue. He would like the City to take a more aggressive stance on compliance. He also stated that he that he has seen the construction of front yard fences and sheds that may not in compliance with the Zoning Ordinances. III. OATH OF OFFICE 1. Human Rights Commission The oath of office was administered to the following newly appointed Human Rights Commissioners; Lori Oestreich, Dima Ershaid, Erin Landy, Alec Lehrman, and Joan Stately. IV. PRESENTATION 1 . There was none. V. REPORTS -COMMITTEES/COMMISSIONS 1 . Zoning and Planning Commission Mary Hatcher reported that the Planning and Zoning Commission discussed the following items. 1) Rezoning of 106 Jackson Ave for the Opus redevelopment; the Comprehensive Plan amendment for 106 Jackson Ave; the Overlay Zoning Planned Unit Development for the former Supervalu north annex site and the rezoning of 126, 140, and 150 through 176 Blake Rd to B-4 designation. The Commission recommended approval of all the items. The Commission elected officers. Peter Sholtz is the Chair, Kyle Skiermont is the vice chair. June 6, 2006 City Council Meeting Minutes Page 1 VI. CONSENT AGENDA 1. Minutes of May 16, 2006 City Council Meeting 2. Minutes of May 16, 2006 City Council Work Session 3. Minutes of May 2, 2006 City Council Work Session 4. Minutes of May 9, 2006 City Council Work Session 5. Minutes of May 23, 2006 City Council Work Session 6. Ratify Prior Month's Disbursements 7. Approve Miscellaneous Licneses 8. Approve Growers Market Agreement (CR2006-061) 9. Adopt Resolution 2006-038, Amending Fees in Chapter 10 of the Hopkins City Code (CR2006-067) 10. Approve Penalty for Decoy's Grill and Bar (CR2006-062) 1 1. Second Reading for Ordinance 2005-950 (Memo) 12. Approve Liquor License Renewal for Richards Liquor (CR2006-068) 13. Approve License Renewals for Jack Yee's Restaurant (CR2006-070) Mayor Maxwell removed item ten from the Consent Agenda. Council Member Youakim moved and Council Member Halverson seconded a motion to approve the Consent Agenda as amended. 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. Item ten from the Consent Agenda was brought up for discussion. Council Member Youakim recused herself. Council Member Thompson moved and Council Member Rowan seconded a motion to approve a civil fine of 5500.00 and afour-day suspension of the liquor license for Decoy's Grill and Bar. A poll of the vote was as follows: Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. PUBLIC HEARING 1. Adopt Assessment Roll and Award Bid, 2006 Street and Utility Improvement Project (CR2006-069) The bid opening was held on April 25, 2006. The low bid of 5742,378.80 was submitted by Midwest Asphalt. On May 2, 2006, the City Council accepted the bids and considered the assessment roll for the street improvements and ordered a public hearing on the assessments. A public hearing notice was published and sent to all affected June 6, 2006 City Council Meeting Minutes Page 2 property owners. One written objection contesting the proposed assessment was submitted prior to the meeting. Mayor Maxwell opened the public hearing at 7:50 p.m. Isaac Casimir, 130 19t" Ave S, came forward and stated that he had submitted a request to have the assessment deferred. He stated that the home is a newer home, the cul-de- sac was just done a few years ago, and with the property values going up, he is paying higher taxes. Mr. Casimir stated that the streets were fine and he didn't need any utility work. Council Member Rowan moved and Council Member Halverson seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:00 p.m. Staff explained that there was no assessment when the cul-de-sacs were put in. In this instance, the streets that were being improved were used for access to the avenues. Those living on the avenues derived as much benefit from the improvement as those living on the streets, so the residents on the avenues would be assessed. Mr. Bradford reviewed the assessed amounts. Two of the properties on the list are outlots at the Oaks. Staff had incorrect addresses on the parcels and the notices were returned. A second address was obtained from Hennepin County. Notices sent to that address were also returned. Staff finally got an address for the Oaks Association and sent the notices. Staff felt that they did not receive notice early enough in the process to act on those properties at this meeting and recommended that those two properties be removed from this assessment roll. They will be brought back to Council for action at a later date. Counci! Member Thompson moved and Council Member Rowan seconded a motion to adopt Resolution 2006-043, Resolution Adopting Assessment Roll, 2006 Street and Utility Improvement Project, City Project 05-10 with the removal of two parcels as noted by staff and Resolution 2006-044, Resolution for Award of Bid, 2006 Street and Utility Improvement Project, City Project 05-10. 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. VIII. OLD BUSINESS 1. Approve Amended PUD Agreement, Marketplace and Main (CR2006-071) June 6, 2006 City Council Meeting Minutes Page 3 In June, 2004, the City rezoned the former Hopkins Honda Body Shop and used-car sales -- lot to a Planned Unit Development (PUD) overlay to facilitate the redevelopment of this site into a mixed use (residential/commercial) development. The Cornerstone Group has purchased the property and has refined the development plans. To reflect current status and ownership of the proposed development and to incorporate specific requirements, the PUD agreement must be amended. The majority of the changes are additions to the agreement that were left blank as they referred to plans that had yet to be developed. The most significant change to the language is in the demolition and construction start dates of the project. The later start dates were requested due to winter construction limitations and a change in market conditions. Council Member Rowan moved and Council Member Halverson seconded a motion to approve the amended and restated PUD/Development Agreement between the City of Hopkins and Marketplace and Main LLC. 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. VIII. NEW BUSINESS 1. PUD Overlay Rezoning, Opus Corp (CR2006-064) Opus Corporation is in the process of purchasing the former Supervalu North Annex and is proposing to construct two six-story and one seven-story office buildings. The proposed square footage is approximately 685,000 square feet. There may also be a small retail area on the east side of the site. The site will be rezoned with an overlay zoning of Planned Unit Development (PUD) with the approval of a master plan. The PUD zoning allows flexibility with the underlining zoning of Business Park. There will also be a development agreement with specific parameters on how the site will be developed. Site plan approval and replatting will be required for each phase. The zoning of the property is Business Park. The Comprehensive Plan has designated the site as Business Park. The base zoning and Comprehensive Plan designation will remain. The Zoning and Planning Commission recommended approval. Dave Menke, representing Opus came forward and reviewed the site plan. Dave Bengaster came forward to explain the truck routes during construction. Mr. Menke stated that they hope to begin demolition by the year's end. June 6, 2006 City Council Meeting Minutes Page 4 -- Don Roesner, 618 Park Valley Dr W, came forward and asked what the source of water would be for the center pond. Mr. Menke answered that it would be filled with roof runoff. Council Member Rowan moved and Council Member Halverson seconded a motion to adopt Resolution 2006-039, approving Ordinance 2006-966, placing an overlay zoning of Planned Unit Development (PUD) at the former Supervalu North Annex site and 106 Jackson Ave for first reading. 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. Rezone 106 Jackson Ave (CR2006-063) 106 Jackson Ave is currently zoned I-2, General Industrial. The property abuts the former Supervalu North Annex site. Opus is proposing to redevelop this site with the development of the former Supervalu North Annex site. With this rezoning, both properties will have Business Park as the underlying zoning. The Comprehensive Plan designation will need to be amended from Industrial to Business Park. The Zoning and Planning Commission recommended approval. Council Member Youakim moved and Council Member Rowan seconded a motion to adopt Resolution 2006-040, approving Ordinance 2006-965, rezoning the property at 106 Jackson Ave from I-2 to Business Park for first reading. 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. 3. Comprehensive Plan Amendment, 106 Jackson Ave (CR2006-064) In the Comprehensive Plan, 106 Jackson Ave is currently designated as Industrial. The property abuts the former Supervalu North Annex site. The former North Annex site is presently zoned Business Park and guided Business Park. With this amendment to the Comprehensive Plan, both sites will have Business Park Zoning and Comprehensive Plan designation. Council Member Thompson moved and Council Member Halverson seconded a motion to adopt Resolution 2006-041, Approving a Comprehensive Plan designation amendment from Industrial to Business Park at 106 Jackson Ave. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, June 6, 2006 City Council Meeting Minutes Page 5 aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Rezone 126, 140, 150 - 176 Blake Rd (CR2006-066) In accordance with the 2001 East End Study, these properties would be changed from current zoning designation to B-4. The B-4 Zoning designation is a neighborhood-type business district that would not allow certain uses that the current designation of B-3 allows. Previously, two sites have been rezoned to the new B-4 designation. Council Member Halverson moved and Council Member Rowan seconded a motion to adopt Resolution 2006-042, approving Ordinance 2006-967, rezoning the property at 126, 140, and 150-176 Blake Rd from B-3 to B-4. 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. 800 MHZ Radio Building Amplification (CR2006-060) The Police and Fire Department have 800 MHZ radio for emergency response and day-to- day call loads. In some buildings there is no radio reception in areas. This ordinance will require new construction to add radiating cable or multiple antenna systems to amply reception. It is important to be able to get to an antenna site outside a building to be able to communicate with dispatchers and other police and fire units. Cost of installation and testing will be borne by contractors or building owner. SuperValu would benefit from this device. The new Opus Development will be required to install this device. In answer to Council Member Rowan's question, Mr. Specken stated that letters will be sent to certain building owners encouraging them to install the device in buildings where there is a problem. Council Member Youakim moved and Council Member Halverson seconded a motion to adopt Ordinance 2006-968 for first reading. 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. IX. ADJOURNMENT June 6, 2006 City Council Meeting Minutes Page 6 There being no further business, Council Member Rowan moved and Council Member Thompson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:15 p.m. Respectfully Submitted, erry 0 e maier, City Clerk ATTEST: Euge J. axwell, Mayor June 6, 2006 City Council Meeting Minutes Page 7