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03-01-05A regular meeting of the Hopkins City Council was held on March 1, 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, Kerrigan, Anderson, and City Attorney Jerry Steiner. 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 Virgil Arness reported that the Zoning and Planning Commission held their meeting on February 22, 2005 and discussed the SuperValu addition. Bob King presented the landscape plan and reviewed the plans for the addition. Six residents from the Valley Park Neighborhood voiced their opinions. A medical emergency occurred. The Commission decided to continue the SuperValu issue to a special meeting on March 8"' at 6:30. The Commission also discussed the block 64 development that is proposing 255 units for senior housing. The Commission is favorable to the development. They identified two concerns. The first concern is the height of the building on the 1 S' St N side of the block. The other concern is that they are short about 196 parking spaces. The third item that the Commission discussed is the ordinance revision on auto lots. The revision will allow used car lots only in conjunction with new car dealerships. Council Member Johnson asked if the neighborhood residents presented a petition to the Commission in regard to the SuperValu project. Mr. Arness answered that they did. IV. PRESENTATION 1. Empty Bowls Committee March 1, 2005 City Council Meeting Minutes Page 7 Barb Westmorland introduced the seventh annual Empty Bowls on March 15`h from 1 1:00 a.m. to 7:00 p.m. Greg Palmer, co-chair explained the goals for this year and stated that SuperValu has again contributed 55000. Janet Palmer reviewed some of the activities that have taken place to prepare the bowls. 2. Bridging the Water Gap, Terri Peterson Terri Peterson presented "Bridging the Water Gap" to be held on April 15 through April 17 2005 at the Eisenhower Community Center. 3. Depot Presentation, Vidya Rao Jon Kent, Andy Myers, Ali Moeller, Andrew Bredeson, members of the Depot Board appeared. They reviewed their mission statement for the Council, announced a grant from the Metro Regional Council for a sound system, reported on the Board turnover with graduation, the process for hiring the replacement for the teen coordinator position, the energy project, and the board retreat with the partners. They discussed the results from a student survey. Vidya Rao, Teen Coordinator, came forward and thanked the Community for the good experiences she has had working with the youth through the Depot Coffeehouse. Council Member Johnson congratulated Jon Kent on his nomination for a Caring Youth Award. IV. CONSENT AGENDA 1. Minutes of February 15, 2005 City Council Meeting 2. Minutes of February 15, 2005 City Council Work Session 3. Minutes of February 22, 2005 City Council Work Session 4. Ratify Prior Month's Disbursements 5. Appointment to Human Rights Commission, Judy Reinehr (Memo) 6. Consideration of Bids, Sale of Property, End of Interlachen Road (CR2005-030) 7. Approve Liquor License Application, Best Buy Liquor Warehouse (CR2005-028) 8. Second Reading Ordinance 2005-942, Fees (Memo) Dan Liu, Liquor License Applicant -Best Buy Liquor Warehouse, came forward. Mayor Maxwell welcomed them to the Community Council Member Brausen moved and Council Member Thompson 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, March 1, 2005 City Council Meeting Minutes Page 2 aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. NEW BUSINESS 1. Concept Review, Block 64 Project (CR2005-027) GPS Financial Properties is proposing to redevelop the block north of Mainstreet and south of 1 ~` St N between 5`h and 6`" Aves. The entire block will be razed to construct six buildings with 252 units for individuals 55 years and older. There will also be approximately 14,000 square feet of retail along Mainstreet. The proposal is for four buildings with 44 units and two buildings with 38 units. There would be six residential buildings and two retail buildings. The proposal would be in compliance with the Zoning Ordinance and the Comprehensive Plan. The majority of the parking would be underground. A parking and traffic study will have to be completed for the development. Steve Flanagan, representing the development, came forward and reviewed the changes that have been since the last conversation with the Council. Meetings will be held with neighborhood representatives, HBCA, and the Chamber. They will still be working on making changes to fit with what the community wants. No Action was taken. 2. First Reading, Amendment to Requirements for Auto Sales Lots (CR2005- 028) Last fall the City Council placed a moratorium on approving auto sales lots. There has been concern regarding the number of smaller auto sales lots that have been allowed with the existing ordinance. The existing ordinance allows auto sales lots in the B-3 zoning district and requires a conditional use permit. Several of the smaller lots have been a problem with too many cars on the sales lot and junk cars on the lot. Chaska and Roseville allow the sale of used cars in conjunction with the sale of new cars. With the proposed ordinance auto sales lots with a new car franchise will be able to sell used cars as an accessory use. The Zoning and Planning Commission recommended approval of Ordinance 2005- 941. Council Member Rowan moved and Council Member Thompson seconded a motion to adopt Resolution 2005-20, recommending approval of Ordinance 2005-941, adopting ordinance amendments for first reading to require the sale of new cars for auto sales lots. A poll of the vote was as follows: Council Member Brausen, aye; March 1, 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. 3. Adopt Ordinance 2005-945, Amending Section 925 and 940 of the Hopkins City Code (CR20O5-032) Staff recently amended a portion of the City Code that relates to dog licensing. After that amendment, it was brought to our attention that there are a few housekeeping items that are still needed in the dog and animal sections of the code. The changes that are being made to Section 925 more accurately reflect the way that staff is issuing dog licenses. The changes will bring the procedures into compliance with the ordinance. The process that is being used is more customer service oriented than the procedure that is currently outlined in the ordinance. The change being made to Section 940 will allow the residents of Hopkins to keep ferrets legally. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Ordinance 2005-945, Amending Sections 925 and 940 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, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. First Reading, Ordinance Amending City Code, re: Transient Merchants and Fireworks (CR20O5-029) The City Council adopted a moratorium on the issuance of transient merchant licenses in April 2004. The moratorium is scheduled to expire on April 19, 2005. The changes to Section 1 145 of the City Code would limit transient merchants to the B-3 business district, prohibit transient sales near intersections or within public rights-of-way or setbacks, ensure that there is sufficient parking to handle the transient business as well as existing businesses, and limit the number and duration of transient merchant licenses. The proposed ordinance also amends Section 1150, which deals with the sale of fireworks. In 2003, the Minnesota Legislature passed a law that limited the fees that can be charged for fireworks licenses and imposed limits on the regulation of fireworks sales. The Legislature made it illegal for cities to prohibit the sale of fireworks from temporary structures. Council Member Brausen moved and Council Member Rowan seconded a motion to approve Ordinance 2005-944, amending Sections 1145 and 1150 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, aye; March 1, 2005 City Council Meeting Minutes Page 4 Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. ADJOURNMENT Council Member Johnson announced the Caring Youth Awards on March 8"' at the Minnetonka Community Center. The partners in Caring Youth are Hopkins, Golden Valley, Minnetonka and the Hopkins School District. There being no further business, Council Member Johnson moved and Council Member Thompson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at p.m. Respectfully Submitted, rry Ober ier, City Clerk ` MEMBERS Y.l~.~~ ria~~ ATTEST: Eugene J. axwell, Mayor March t, 2005 City Council Meeting Minutes Page 5