Loading...
09-06-05A regular meeting of the Hopkins City Council was held on September 6, 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, Ger~ellie, Stadler, Kerrigan, Harkess, Anderson, and City Attorney Wynn Curtiss. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:44 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. PROCLAMATION 1. Kids Day America/International Mayor Maxwell proclaimed September 17, 2005 is International Kids Day. eIV. REPORTS -COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission Jeff Paul reported that the Zoning and Planning Commission held a meeting on August 30, 2005. They discussed three items. The first item was the concept for Block 64. They asked the developer to change parking and rubbish removal and discussed the traffic from 5th Ave S. A public hearing was held on a site plan for 1010 Mainstreet, the former Bed Store. Items discussed were accessibility and rubbish removal. A public hearing was also held on the Meadow Creek Condominium garages. The garages were approved last year. The Association is now ready to begin construction on Lot 4. The Commission recommended approval of all items. V. CONSENT AGENDA 1. Minutes of August 16, 2005 City Council Meeting 2. Minutes of August 16, 2005 City Council Work Session, After the Regular Meeting 3. Minutes of August 23, 2005 City Council Work Session September 6, 2005 City Council Meeting Minutes Page 1 4. Minutes of August 30, 2005 City Council Work Session 5. Ratify Prior Month's Disbursements 6. Approve Appointment to Charter Commission, Karen Jensen (Memo) 7. Appoint Election Judges for City Election in November (CR2005-1 17) 8. Order Publication of Ordinance 956 and Summary of Ordinance 955 (Memo) 9. Approve Hennepin County Environmental Grant Contract, GPS Development - Block 64 (CR2005-125) 10.Approve Hennepin County Environmental Response Fund Sub-recipient Agreement with GPS (CR2005-126A) 1 1.Approve Increase in Towing Contract Fees (CR2005-124) 12.Order Public Hearing for 2005 Miscellaneous Special Assessment (CR2005-1 19) 13.Fire Lane Designation for Hopkins Honda (CR2005-123) 14.Approve Second Reading for Amendment of City Code, Re: Franchise Fee (CR2005-127) Rick Getschow stated that a change needed to be made to the August 16`h City Council work session minutes. In item four, "Council Member Brausen stated" should be changed to "Council Member Rowan stated". Council Member Thompson moved and Council Member Johnson 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. VI. PUBLIC HEARING Jim Genellie stated that the applicant had requested that the item, public hearing, be moved to a later time on the agenda, as the applicant had to attend two other public hearings beginning at 7:00 p.m. VII. NEW BUSINESS 1. Amendment to Site Plan, Meadow Creek Garages (CR2005-122) Last year Meadow Creek Condos was approved to construct new garages. The proposal was to start in Lot 4. They are now proposing to amend their site plan to construct new garages. There are 536 condos in Meadow Creek. They currently have 28 garage buildings for a total of 182 garage parking spaces. Meadow Creek is proposing to start with the addition of new garages in Lot 4. The ordinance requires two parking spaces per unit. Lot 4 is required to have 176 spaces. September 6, 2005 City Council Meeting Minutes Page 2 After construction, there will be 187 spaces on the lot. The garages will resemble the ,existing garages. Doug Strandness, property Manager, Meadow Creek Condominium Association, came forward to answer questions. Mr. Strandness stated that they would begin construction immediately. The Zoning and Planning Commission recommended approval for the construction of garages at Lot 4. The proposal is in compliance with the Comprehensive Plan and Zoning Ordinances. Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Resolution 2005-81, approving the construction of garages at Lot 4 Meadow Creek Condos. 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. Site Plan Review, 1010 Mainstreet (CR2005-121) The building at 1010 Mainstreet was destroyed by fire in 2003. Ed Steile, the applicant, has purchased the property and is proposing to construct atwo-story building on the site. The street level will be retail with offices or residential apartments on the second floor. ~1'he windows of the adjacent building to the east would be covered because of the zero lot line. Jim Kerrigan stated that Mr. Steile has held meetings with the adjacent property owners and has discussed the issue with them. Ed Steile and Dean Lumski, the developer, came forward to answer questions. Council members discussed rubbish removal with staff and the applicant. Mr. Steile will have to work out an acceptable site for rubbish. There was also a discussion of the water lines for sprinklers that service the lines. One line is currently supplying all of the buildings and that will have to be changed. Mr. Stiele stated that in the worst case, the cost would be around S 10,000 split four ways. Mr. Lumski stated that it is mandatory that the line be removed and replaced. Mr. Lumski said that they have the demo permit and will begin demolition next week. Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2005-080, for site plan approval to construct a building at 1010 Mainstreet. 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. Concept Review for Site Plan, Block 64 (CR2005-120) September 6, 2005 City Council Meeting Minutes Page 3 ~fhe City Council was asked to provide feedback on the site plan that was submitted by GPS Development, LLC. for the redevelopment of certain properties between 5th and 6th Aves north of Mainstreet (Block 64). Staff has reviewed the items thoroughly and asked that the Council review the concept as if approval were to be considered and that there should be no outstanding issues. Staff asked that all significant issues and concerns be addressed by the developer prior to acceptance of the site plan on a concept basis. The entire block would be razed to construct six buildings with 220 units for individuals 55 and older. There would be approximately 6,800 square feet of retail along Mainstreet. The proposal is for four buildings of 35 units plus one guest unit and two buildings of 36 units. The buildings would be four stories high. Staff stated that parking issues have been resolved that that there will be more parking than required. They will allow employee parking in the underground parking area. Andy Jones, GPS, came forward with Steve Wolf, architect for the project, and Todd Polum, SRF to answer questions. Mr. Jones reviewed the site plan and exterior finishes on the building. Council discussed several items with the applicant. Those items were parking, meetings with the neighborhood, elevations of the building, lights, association by-laws, and types of retail business for tenants. Council and staff also discussed the requirement for a storm sewer system study. Mr. Stadler, Director of Public Works, stated that the study needed to be done to make sure that the system could handle this development as well as future development in the area. Mr. Stadler also stated that the applicant should be sure to have conversations with Three- Mile Creek Watershed District. Mr. Jones stated that they have already been in contact with the watershed district. No Action was taken. At this time, the Cable Franchise applicants arrived at the meeting. Mayor Maxwell moved to the public hearing on the transfer of control of the cable franchise. VI. PUBLIC HEARING 1. Transfer of Control of Cable Franchise (CR2005-129) Time Warner Cable and Comcast Cable Communications have entered into an agreement to purchase the assets of Adelphia Communications. The agreement also calls for Time Warner and Comcast to transfer cable systems throughout the United States to create individual markets. The entire Minneapolis/St. Paul area would be served by a single company. The transfer would be to Cable Holdco II, a wholly owned subsidiary of Comcast. September 6, 2005 City Council Meeting Minutes Page 4 State Law and the City's Cable Television Regulatory Ordinance require that a public ~earing be held to approve of the transfer of control of the franchise. The Southwest Suburban Cable Commission has reviewed the proposed transfer and has found no reason to deny the transfer. City Staff concurs. Mayor Maxwell reopened the public hearing at 9:01 p.m. Brian Grogan, Moss and Barnett, attorney for the Southwest Cable Commission, came forward and explained the action to the Council. Council Member Thompson moved and Council Member Brausen seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 9:15 p.m. Council Member Johnson moved and Council Member Rowan seconded a motion to approve Resolution 2005-085, approving the Proposed Change of Control of Time Warner. 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. 4. Approve Resolution Setting Preliminary Levy for 2005 (CR2005-128) The Truth in Taxation process requires the City to certify a proposed levy and set public hearing dates in conformance with State Statute. Adoption of the actual budget will occur in December. At that time, the final levy may not exceed the approved proposed levy. The initial public hearing would be held on December 5th with a continuation date of December 20, 2005 with final adoption of the budget to follow at the close of the continuation hearing. Christine Harkess presented a report on the 2006 preliminary levy, how it is arrived at, and how it would affect taxes in Hopkins. Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Resolution 2005-083, approving proposed 2006 tax levy, proposed 2006 general fund budget, and setting public hearing dates. 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 Ordinances for First Reading Amending Chapter 12 of Chapter 12 of the City Code (CR2005-1 18) ~In June 2005, the State passed a law that allows off-sale liquor establishments to remain open until 10:00 p.m. on Monday through Thursday and allows on-sale alcohol and 3.2 September 6, 2005 City Council Meeting Minutes Page 5 beer sales to begin at 10:00 a.m. on Sunday. This change would allow the City Code to ~onform with State Statute. Council Member Johnson moved and Council Member Thompson seconded a motion to adopt Ordinance 2005-957, amending Section 1200 of the Hopkins City Code for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, nay; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried. VIII. ADJOURNMENT There being no further business, Council Member moved and Council Member seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:42 p.m. Respectfully Subrp~$• ted, erry Omaier, City Clerk • ATTEST: Eugene J. xwe, ,Mayor C~ September 6, 2005 City Council Meeting Minutes Page 6 COUNCIL MEMBERS