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10-04-05A regular meeting of the Hopkins City Council was held on October 4, 2005, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Thompson, Johnson, and Rowan. 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 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS III. REPORTS -COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission Mike Kjos reported that the Zoning and Planning Commission discussed the following items: Conditional Use Permit for a fence at 213 9th Ave N. A public hearing was held. The applicant is requesting to fence his property to hide parking stalls next to his home. The Commission recommended approval; Final Plat, Oakridge Place II -the plat is almost identical to the preliminary plat - a utility easement would be vacated and a condition would be added that the City Engineer must approve the relocation of the water main easement and utilities -the commission recommended approval. IV. PRESENTATION 1. Long Beach, Mississippi Project Chief Reid said that he has been in touch with the police chief from Long Beach, MS. Long Beach was hit by hurricane Katrina. Long Beach is a city that is similar to the City of Hopkins. The Chief listed the hardships that are being experienced and dealt with. City Employees have begun measures to aid the city employees of Long Beach. Business and organizations in Hopkins have contributed. Eight members of City staff will be going to Long Beach to serve a picnic to the families of the Long Beach employees. Anyone who would like to contribute should call the Police Department and make checks out to the Crime Fund Board. V. CONSENT AGENDA 1 . Minutes of September 20, 2005 City Council Meeting 2. Minutes of September 20, 2005 City Council Work Session 3. Minutes of September 27, 2005 City Council Work Session 4. Ratify Prior Month's Disbursements 5. Authorize Expenditure of City Funds to Assist Long Beach, Mississippi (CR2005-134) October 4, 2005 City Council Meeting Minutes Page 1 6. Cancel City Council Work Sessions on November 22 and 29 and December 27 (Memo) ® Council Member Brausen moved and Council Member Rowan seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. V1. PUBLIC HEARING 1. Adopt Assessment Roll, 2005 Miscellaneous Special Assessments (CR2005-136) The proposed special assessments are for delinquent utility bills, citations, and invoices. Notices of this hearing have been published and mailed, along with assessment statements to all affected property owners. Staff did not receive any appeals prior to the meeting. Mayor Maxwell opened the public hearing at 7:50 p.m. No one came forward. Council Member Brausen moved and Council Member Johnson seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:51 p.m. In answer to Council's question about why a Hopkins Housing Authority property at 31, 20t" Ave S. was on the list for delinquent utility bills, Mr. Genellie said that he could bring that information to the next meeting. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Resolution 2005-095, Resolution for Adoption of Assessment Roll, 2005 Miscellaneous Special Assessments with the exception that the one item, 31, 20`" Ave S will be continued to the next meeting. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. NEW BUSINESS 1. Approve SuperValu Landscape Plan (CR2005-140) An addition to SuperValu was approved last spring. As part of the approval process, a committee was formed to review the final landscaping plan. Now SuperValu has a final landscaping plan and met with the Committee on September 21. The committee agreed that the landscaping plan is acceptable. October 4, 2005 City Council Meeting Minutes Page 2 Bob King, SuperValu, Minneapolis Distribution Center, reviewed the landscape plan. Sandy Lien, 629 5"' Ave S, came forward and said that the neighborhood is pleased with the plan. Council Member Brausen moved and Council Member Rowan seconded a motion to approve the SuperValu landscaping plan for the building at 300 2"d Ave S. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. CUP, Fence at 213 9th Ave N (CR2005-137) Christian Sanchez is proposing to construct asix-foot solid fence on the south side of the property at 213 9th Ave N. The south side of the property abuts the Church of the Cross parking lot. The parking stalls abut the applicant's side yard. The bedrooms of the home are on that side. The Zoning Ordinance allows afour-foot fence and six-foot fence, both of which must be 25 percent open. The ordinance also allows a conditional use permit to be granted for fehces that differ from the ordinance in height and density. The Zoning and Planning Commission recommended approval. Nancy Anderson reviewed the site plan. Mr. Sanchez came forward and showed pictures of his lot next to the parking lot. Council Member Brausen moved and Council Member Johnson seconded a motion to adopt Resolution 2005-096, approving a conditional use permit to construct a fence at 213 9th Ave N. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Final Plat, Oakridge Place II (Memo) The applicant is proposing to construct a 14 to 16-unit condo building on the property west of the condo building that Mr. Halley is constructing north of the United Methodist Church. The property was formerly owned by the school district. In order for the condos to be constructed on the northeast side of the lot, the lot needs to be divided into two lots. The applicant has been granted a rezoning, Comprehensive Plan amendment, variance for a lot with no frontage on a public right-of-way, preliminary plat and a site plan review to construct the building. Nancy Anderson reviewed the plat. Council Member Rowan moved and Council Member Thompson seconded a motion to approve Resolution 2005-097, approving a final plat for the Eisenhower Community Center property. A poll of the vote was as follows: Council Member Brausen, aye; October 4, 2005 City Council Meeting Minutes Page 3 Council Member Thompson, aye; Council Member Rowan, aye; ,Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Second Reading, Rezoning Oakridge II (Memo) This ordinance rezones the northeast corner of the Eisenhower Community Center from Institutional to R-5. Oakridge II condos will be built there. Council Member Thompson moved and Council Member Brausen seconded a motion to approve Ordinance 2005-952 for second reading and order the ordinance published. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 5. Approve Excelsior Boulevard streetscape Schematic Design (CR2005-139) In July 2004, the City Council authorized design services for the streetscape improvements along Excelsior Boulevard between 9`h Ave and State Hwy 169. The project was originally scheduled of 2005, but for budgetary reasons was deferred to 2006. Hoisington-Koegler Group, Inc. has completed the schematic design and needs approval of the schematic design to proceed with the final design. Amy Bower, Hoisington-Koegler Group, Inc. explained the schematic design elements. Council Member Johnson pointed out that there is no lighting in the park area by the picnic shelter and requested that lighting be added to that area for safety reasons. Mayor Maxwell requested that the trail signage be coordinated with signage that the Three Rivers Park will use in the Depot area. Mr. Stadler reviewed problem areas. Council Member Brausen said that he has waited a long time for this improvement and is happy to see this plan. Council Member Brausen also asked Mr. Stadler to talk with the business owners along the 2"d St S right-of-way. Council Member Brausen moved and Council Member Rowan seconded a motion to approve the schematic design of Excelsior Boulevard Phase III streetscape improvements and authorize preparation of construction plans. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 6. Second Reading for Liquor Store Hours of Operation Ordinance Revisions (Memo) Of the ei ht off-sale li uor licensees, staff received input from six. Four of the g q licensees requested that the off-sale closing time continue to be at 8:00 p.m. Two October 4, 2005 City Council Meeting Minutes Page 4 requested that it be changed to 10:00. For this reason, staff recommended that the section of the ordinance dealing with off-sale closing time should not be changed. Mayor Maxwell stated that he had spoken with all licensees and the majority wanted the closing time kept at 8:00 p.m. Other changes to the ordinance would be housekeeping changes. Jake Lanners, owner of MGM Liquor Warehouse, Hopkins, came forward and spoke about proposed upgrade to the facility. He spoke in favor of having the closing hours changed to 10:00 p.m. He was afraid that not making the change to the later closing time would put him at a competitive disadvantage. Council Member Rowan moved and Council Member Johnson seconded a motion to adopt Ordinance 2005-957 changing Section 1200.46, Subdivision one and three for second reading and order publication. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. ADJOURNMENT There being no further business, Council Member Johnson moved and Council Member Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:05 p.m. Respectfully Submitted, Terry Obermaier, City Clerk ATTEST: Euge J. axwell, ayor October 4, 2005 City Council Meeting Minutes Page 5