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02-06-07A regular meeting of the Hopkins City Council was held on February 6, 2007, 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, Elverum, Anderson, 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. REPORTS -COMMITTEES/COMMISSIONS 1 . Zoning and Planning Commission Linda Flynn reported for the Zoning and Planning Commission. The Commission acted on four items at their January 30t" meeting and recommended approval of all four items. They were: the vacation of alley, street, and right-to-enter easements for Excelsior Crossings; the rezoning of the former Surge property along Harrison Ave; the preliminary/final plat for the former Surge property; and the declaration of surplus property, former Surge property. The Commission also discussed revisions to the junk vehicle ordinance as well as other zoning ordinances and the Town and Country Dodge site. IV. CONSENT AGENDA 1 . Minutes of January 16, 2007, City Council Meeting 2. Minutes of January 16, 2007, City Council Work Session 3. Minutes of January 23, 2007 City Council Work Session 4. Ratify Prior Month's Disbursements Council Member Youakim moved and Council Member Thompson 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. V. PRESENTATION 1. Hopkins-Minnetonka Family Resource Center February 6, 2007 City Council Meeting Minutes Page 1 Nora Davis of the Hopkins Minnetonka Family Resource Center thanked the City of Hopkins for the continued support given to the organization. Ms. Davis spoke of the services that are provided by the Resource Center. In answer to Council Member Rowan's question, Ms. Davis stated that housing continues to be the difficult item. The Resource Center is not equipped to fund housing needs that come up. VI. PUBLIC HEARING 1 . Community Development Block Grant (CR2007-017) As a participant City in the Urban Hennepin County (CDBG) program, Hopkins is eligible to receive $1 17,316 in CDBG funds for the 2007 program year, a slight increase from 2006. The funds will be received on July 1, 2007, and must be expended by December 31, 2008. Staff recommended that the City fund the Housing and Rehabilitation Loan/Grant program with $1 12,316 and the Hopkins-Minnetonka Family Resource Center with $5,000. The City Council discussed the (ack of funding in the President's proposed Federal Budget. Staff believes that a lobbying effort will need to be made on behalf of the cities that use CDBG. Mayor Maxwell opened the public hearing at 7:53 p.m. No one came forward. 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 7:54 p.m. Council Member moved Thompson and Council Member Youakim seconded a motion to adopt Resolution 2007-012, approving the proposed program for the 2007 Urban Hennepin County Community Development Block Grant (CDBG) Program and authorizing its submittal to Hennepin County. 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. NEW BUSINESS 1 . Vacate Alley, Street and Right-to-Enter Easements, Excelsior Crossings (CR2007-012) In January the City Council approved the Excelsior Crossings development on the former SuperValu North Annex property. The property was purchased by Opus. Opus is proposing an office development, which would consist of three buildings from five to February 6, 2007 City Council Meeting Minutes Page 2 seven stories. As part of the development, additional easements were discovered that need to be vacated, The Public Works department has reviewed the proposed vacation and has determined that the easements to be vacated are not needed for a public purpose. The vacation and project are in compliance with City ordinances and the Comprehensive Plan. The Zoning and Planning Commission recommended approval. Council Member Rowan moved and Council Member Halverson seconded a motion to adopt Resolution 2007-007, approving Ordinance 2007-982, approving the vacation of street, utility and right-to-enter easements for the Excelsior Crossings development 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. Rezoning, Harrison Avenue (CR2007-013) The Excelsior Boulevard reconstruction between Hwy 169 and Blake Rd was finished in 2005. Excelsior Blvd was widened to the south. Hennepin County purchased the properties on the south side of Excelsior Blvd and created a landscaped buffer between the road and the abutting residential neighborhood. The County transferred the property south of the east-west alley to the City. Last year, the east-west alley was vacated to add to the transferred property. The Comprehensive Plan has designated the property as low density residential. The Zoning ordinance has the property designated as B-3, General Business. The property will be rezoned for single family homes to be constructed on the two lots. The Zoning and Planning Commission recommended approval. Council Member Halverson moved and Council Member Rowan seconded a motion to adopt Resolution 2007-008, approving Ordinance 2007-083, rezoning the two lots north of 17 Harrison Ave S from B-3 to R-1-A 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. Preliminary/Final Plat, Former Surge Property (CR2007-014) A plat was prepared for the City which replats the property into two lots and an outlot. The plat will make the two lots approximately the same size. The plat is in compliance with the subdivision ordinance. The Zoning and Planning Commission recommended approval. February 6, 2007 City Council Meeting Minutes Page 3 Council Member Thompson moved and Council Member Youakim seconded a motion to adopt Resolution 2007-009, approving apreliminary/final plat for the former Surge property. 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. Surplus Property, Former Surge Property (CR2007-015) In order to dispose of the two lots that were replatted from the former Surge property, the City must declare the property to be surplus. Covenants will restrict what will be built on the lots and require that the lots never be combined into one lot. In answer to questions raised by the City Council, City Attorney Jerry Steiner answered that the restrictions are legal. . Council discussed the procedure for selling the lots. Council Member Youakim moved and Council Member Halverson seconded a motion to adopt resolution 2007-010, declaring Lots 1 and 2, Block 1, East Hopkins Addition real estate owned by the City of Hopkins as surplus property and ordering and authorizing the sale thereof. 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. Conditional Use Permit for Day Care at 1420 Mainstreet (CR2007-016) Jennifer Halberg is proposing to start a new business with three programs for children, one of which is a child care program for school age children. The business would be located at 1420 Mainstreet, which is zoned B-3. A conditional use permit is required for a day nursery in a B-3 district. Jennifer Halberg and Tosca Grimm came forward and explained the programs that would be available and answered questions. The conditional use permit is in compliance with the Zoning Code and the Comprehensive Plan. The Zoning and Planning Commission recommended approval. Council Member Youakim moved and Council Member Halverson seconded a motion to adopt Resolution 2007-01 1, approving a conditional use permit to allow a day care at 1420 Mainstreet. 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. February 6, 2007 City Council Meeting Minutes Page 4 6. Approve a Temporary Liquor License, Augustana Chapel View (CR2007-018) Augustana Chapel View is sponsoring a Donor Dinner at the Hopkins campus, Augustana Chapel View Care Center located at 615 Minnetonka Mills Rd. The event is an appreciation dinner for people who have donated funds or time to Chapel View Care Center. They would like to serve wine with the dinner. There is not a temporary wine license. A temporary beer license would not allow them to serve wine. The temporary liquor license will allow that. COUNCIL MEMBERS ~~~ Matt Volkmann came forward to answer questions. Council Member Thompson moved and Council Member Halverson seconded a motion to approve a temporary liquor license for Augustana Chapel View Care Center, 615 Minnetonka Mills Rd, for March 1, 2007 through March 4, 2007 from 10:00 A.M. to 12:00 A.M. for meetings and receptions they will hold at Chapel View Care Center. 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. ADJOURNMENT There being no further business, Council Member Youakim moved and Council Member Thompson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:25 p.m. Respectfully Submitted, Terry Obermaier, City Clerk fia , ~ ~~ v ~ ,r ~~ ATTEST: Eugene xwell, Mayor February 6, 2007 City Council Meeting Minutes Page 5