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03-06-06A regular meeting of the Hopkins City Council was held on March 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 Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:34 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. REPORTS -COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission The Commission held public hearings on the following items: Site plan review for Marketplace and Main, Vacation of alley for Marketplace and Main, and preliminary/final plat for Marketplace and Main. The Commission recommended approval of all three items. The Commission also discussed retail in industrial zoning districts and agreed they would consider a conditional use permit to allow a larger percentage of retail in industrial districts. IV. PROCLAMATION 1 . Caring Youth Day Mayor Maxwell proclaimed March 23, 2006 to be Caring Youth Day. Council Member Rowan stated that the Cities of Hopkins, Minnetonka, and Golden Valley along with the Hopkins and Minnetonka School Districts sponsor the event. The Caring Youth Award program will be held at the Minnetonka Community Center on March 23, at 6:30 p.m, Awards are given to students who have demonstrated through their behavior and lifestyle that they care about others. V. PRESENTATION 1. Empty Bowls Barb Westmoreland, Hopkins School District, introduced Empty Bowls, which will be held on March 21, from 1 1 :00 a.m. to 7:00 p.m. This is the eighth year of Empty Bowls. This year's co-chairs are Angela and Mike Schatz. Ms. Westmoreland introduced Mike March 6, 2006 City Council Meeting Minutes Page i Schatz. Mr. Schatz stated that SuperValu again started the fundraising off with a donation of $5,000. The goal of the committee is to raise $20,000 prior to March 21 and $20,000 on March 21 for a final amount of $40,000. One half of the funds collected will go to the ICA Foodshelf and one half will go to the Hopkins Minnetonka Family resource center. They are expecting that 1400 to 1600 people will attend the event. 2. Activity Center Update Susan Newville gave a brief history of the Activity Center, which is celebrating its 25tH anniversary this year. They have already received congratulations from several people such as the U. S. President's office and Vice President Cheney, from Senator Dayton, and from Representatives Ramstad and Sabo. Ms. Newville gave the statistics for 2005 and stated the goals for 2006. Some of the goals are target marketing by direct mail to raise the awareness level of residents of Hopkins and Minnetonka of the programs of the Center, more partnering with the school districts, and enhancing the programs that are currently offered. VI. CONSENT AGENDA 1. Minutes of February 21, 2006 City Council Meeting Minutes 2. Minutes of February 21, 2006 City Council Work Session 3. Minutes of February 28, 2006 City Council Work Session 4. Ratify Prior Month's Disbursements 5. Change Polling Place for Precinct Seven (CR2006-030) Council Member Youakim asked why the Polling Place that was chosen for Precinct Seven was located outside the precinct. Ms. Youakim suggested other locations such as the US Bank building or the Hennepin Tech Center, both of which are within the precinct boundaries. The City Clerk responded that commercial businesses are rarely used because of the long-term commitment required, but that staff could check out the accessibility of the Tech Center. Council Member Youakim moved and Council Member Rowan seconded a motion to pull item five from the Consent Agenda and have the City Clerk investigate the possibilities of using one of the alternate locations for a Polling Place in Precinct Seven and bring the item back to the March 21St meeting. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Halverson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 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. March 6, 2006 City Council Meeting Minutes Page 2 VII. PUBLIC HEARING 1 . Continued Public Hearing for the Charter Amendment (IRV), Ordinance 2005- 958 (CR2006-032) On November 15, 2005, the Hopkins Charter Commission approved the recommendation of Ordinance 2005-958 to the City Council. The ordinance would adopt ranked choice or instant runoff balloting for the Mayor and Council. The City Council opened a public hearing on January 17 for consideration of this ordinance and further discussed the ordinance at a work session on February 28. It became apparent that the language in the ordinance was flawed and could result in a Council candidate receiving a majority of the first choice votes, but not being elected. The Council cannot return the ordinance to the Charter Commission. Staff recommended the Council reject the ordinance and return it to the Charter Commission for revision. Mayor Maxwell reopened the public hearing at 8:00 p.m. Fred Mulvany, 106 18t" Ave S, came forward with a handout for the Council Members. Mr. Mulvany stated that he is neither for nor against IRV. Mr. Mulvany went through his handout explaining the points. Fran Hesch, 246 5t" Ave N, came forward, stating that she agreed with Mr. Mulvany's last two points; that voter education is necessary, and that equipment upgrades are required. Ms. Hesch stated that she did not agree with the other points made by Mr. Mulvany. The suggestion was made at the Work Session that a mock election be held before the ordinance change to give the public an example of how the balloting would work. Council Member Rowan thanked Mr. Mulvany for his comments stating that the questions raised by Mr. Mulvany could be the beginning of Voter education. 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 8:12 p.m. Council Member Rowan moved and Council Member Halverson seconded a motion to adopt Resolution 2006-019, rejecting Ordinance 2005-958, and recommending its return to the Charter Commission for Revision. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Halverson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. March 6, 2006 City Council Meeting Minutes Page 3 VIII. NEW BUSINESS 1. Site Plan Review, Cornerstone (CR2006-028) Hopkins Honda has moved to the former Knox site. The site on 5t" and Mainstreet will become Hopkins Dodge. The area on 6t" and 7t" Aves. that was occupied by Hopkins Honda is available for redevelopment. The Cornerstone group is proposing to redevelop the Hopkins Honda area on the north side of Mainstreet. The area is an odd shaped parcel that presents challenges in the redevelopment of the sites. The triangular area on the north side of Mainstreet between 6t" and 7t" Aves. would be a row of five townhomes. The area where the old Honda showroom was located and the area to the north will be a retail/condo building with approximately 4600 square feet of retail and 53 condos. The last area used by Honda along 8t" Ave. would be another row of three townhomes. The Zoning of the property is B-3, General Business. The property has an overlay zoning of PUD. The Comprehensive Plan has designated the site as Commercial. The Zoning and Planning Commission recommended approval. Scott England, the architect and Karen Dubrosky of the Cornerstone Group came forward. Mr. England reviewed the elevations and the site plan. Council Members discussed the parking ramp and its relationship to surface parking. Council Member Youakim asked how pedestrian traffic would know that a vehicle is coming through. Ms. Dubrosky answered that the vehicles will be visible before they reach the sidewalk. It would work the same way that it does at Marketplace Lofts. They have had no complaints or voiced concerns from the Lofts. Mr. Kerrigan stated that the condition could be placed on the development to ensure that if the issue were to become a problem in the future, Cornerstone would be required to address it. Council Members discussed lighting, retail space, size of the units, elevators in the condo building, patios along Mainstreet, the type of windows to be used to address noise levels along Mainstreet, the height of the buildings, garbage removal, Public Works issues along with storm sewer drainage, the vacation of the alley behind the property, and the plat. Ms. Dubrosky stated that they would begin construction when fifty percent of the properties are pre-sold. Their hope is that they will begin sometime this summer. Council Member Thompson moved and Council Member Halverson seconded a motion to adopt Resolution 2006-15, approving a site plan to construct a condo, townhouse, and retail development on the former Hopkins Honda site. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member March 6, 2006 City Council Meeting Minutes Page 4 Halverson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Vacate Alley, Cornerstone (CR2006-028) The second item needed for the Cornerstone project to proceed is the vacation of the alley behind the property. The Public Works Department has determined that the alley is not needed for a public purpose. Council Member: Youakim moved and Council Member Thompson seconded a motion to adopt Resolution 2006-016, approving Ordinance 2006-961, approving the vacation of the alley in the Marketplace and Main development for first reading. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Halverson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Preliminary Plat, Cornerstone (CR2006-031) For Cornerstone Group to proceed, the lots will need to be combined into two lots. The five townhomes will be one parcel and the condos along with the four condos will make up the second parcel. The plat meets the subdivision requirements. Council Member Rowan moved and Council Member Halverson seconded a motion to adopt Resolution 2006-18, approving a preliminary plat for the Marketplace and Main Development. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Halverson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Approve Xcel Energy Contract (CR2006-033) To approve the aesthetics of the downtown section of the Excelsior Blvd. corridor, staff is proposing that Xcel Energy remove the existing overhead electrical lines and power poles between 5t" and 7t" Aves along the north edge of Excelsior Blvd. The overhead lines and poles would be replaced with new electrical cable buried within the right-of-way along the north edge of the roadway. The agreement allows Xcel Energy to schedule the work with a completion date of April 28, 2006. The estimated cost is $87,694. The project budget estimates include $100,000 for this work. Council Member Thompson moved and Council Member Rowan seconded a motion to authorize the execution of the preliminary agreement regarding removal of existing overhead electrical distribution system and construction of new underground system along the north side of Excelsior Blvd. between 5t" Ave and 7t" Ave. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council March 6, 2006 City Council Meeting Minutes Page 5 Member Halverson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. IX. ADJOURNMENT There being no further business, Council Member Thompson moved and Council Member Youakim seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:12 p.m. Respectfully Submitted, ~= ,~ ,, i ,,,~ rry Ober ie ,City Clerk ATTEST: Eugene J. ax ell, Mayor March 6, 2006 City Council Meeting Minutes Page 6 COUNCIL MEMBERS