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12-06-05A regular meeting of the Hopkins City Council was held on December 6, 2005, in the • Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Thompson, 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 7:33 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. REPORTS -COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission Kristi Halverson reported that the Zoning and Planning Commission held a meeting on November 29th. The Commission discussed two items: the first, a variance for afive-foot setback for a sign at 530 1 1 th Ave N.; the second a concept review for an amendment to the zoning ordinance to allow retail in an industrial zoning district. The Commission approved the five-foot setback for the sign unanimously. Issues that were discussed about the concept of retail in industrial zoning districts included: parking, traffic, and the use of retail in the industrial zone. The Commission questioned how many industrial buildings the proposed conditions would affect. If a condition was that the property abuts a B-2 District, one building could apply. That would be the building at 810 1St St S. While the Commission was concerned about the traffic and parking, they would consider the amendment for 810 1St ST S because of the location of the building. The Commission also reviewed remnant parcels that will be available to the City for development. They indicated that they would support rezoning to R-1-A and the construction of single-family homes. IV. PRESENTATION 1 . Human Rights Award Jim Genellie stated that the Human Rights Commission gives Human Rights Awards annually. Mr. Genellie introduced four members of the Commission, Lisa Butts, Judy Reinehr, Cheryl Youakim, and Toyn Akinde. Ms. Reinehr read the first award and presented it to the Hopkins Police Department in recognition of their out reach efforts through the English as a Second Language class. Sgt. Tom Lorentz accepted the award for the Hopkins Police Department and stated that not only was the experience a good December 6, 2005 City Council Meeting Minutes Page 1 way to give the people an idea of the expectations of the Police Department, but, also a way to learn about the people and understand them. Ms. Reinehr then read the second award, issued to the Hopkins School District for their Multi-year effort to erase racial and other demographic differences in student achievement. 2. Facilities Presentation Steve Stadler, Director of Public Works, gave a picture presentation of the facilities project that started in 2002 and was completed earlier this year. V. CONSENT AGENDA 1. Minutes of November 15, 2005 City Council Meeting 2. Minutes of November 15, 2005 City Council Work Session 3. Minutes of November 9, 2005 City Council Work Session 4. Minutes of August 23, 2005 Joint City Council Meeting, Hopkins/Minnetonka 5. Ratify Prior Month's Disbursements 6. Charitable Gambling Premises Permit Application for the Hopkins Youth Hockey Association (CR2005-158) 7. Proclamation proclaiming December 10 as Sergeant Jeremy Wolfsteller Day VI. NEW BUSINESS 1. Minnehaha Oaks Association Resolution for Hiawatha Oaks (Memo) The City has been working with the Isaaks and the Minnehaha Oaks Association over the past year to finalize a resolution acknowledging the final payment of the Hiawatha Oaks Association and the dedication of the Hiawatha Oaks for park purposes. The resolution not only recognizes the Association for their hard work, but also explicitly states that the City will retain this property for park and open space purposes. Pat and Vern Isaak presented a pictorial history of the project. Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2005-1 17, acknowledging Payment of Special Assessment by the Minnehaha Oaks Association and the Dedication of "Hiawatha Oaks" for Park Purposes. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. December 6, 2005 City Council Meeting Minutes Page 2 2. Sign Setback Variance, 530 1 1 th Ave S (CR2005-127) th King Technology is proposing to construct a monument sign at their building at 530 1 1 Ave S. The Zoning Ordinance requires a 10-foot setback for signs. The applicant is proposing athree-foot setback. Public Works has requested a setback of at least five feet. The applicant has demonstrated a hardship. Tlie lot is too small to accommodate both the required setback and the sign. Nancy Anderson reviewed the site plan. The Zoning and Planning Commission supported afive-foot setback. Staff recommendations also supported afive-foot setback. The City Council agreed that a five-foot setback would be approved. Council Member Brausen moved and Council Member Thompson seconded a motion to adopt Resolution 2005-1 15, approving a sigh setback variance to construct a monument sign at 530 1 1 th Ave S. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Concept Review, Retail in Industrial Zoning (CR2005-159) The applicant would like to apply for a Zoning Amendment to allow a single use to occupy up to 25 percent of an industrial building. City Planner Nancy Anderson reviewed the staff recommendation of a Conditional Use Permit and the conditions that could be attached to the use. Ms. Anderson reported that the Zoning and Planning Commission had concerns about parking and traffic. If the use were to be allowed in only those buildings that were adjacent to a B-2 district, only one building zoned industrial would be affected. It would be the applicant's building. In response to Mayor Maxwell's question, City Attorney Jerry Steiner stated that this could not be considered spot zoning, because there was no change to the zoning designation of the property. The change would be a text amendment to allowed uses in the district. Mayor Maxwell voiced a concern about allowing retail along the Excelsior Boulevard corridor. The City has zoned to keep retail off of Excelsior Boulevard. Steve Stadler, Director of Public Works, reported that there is an easement situation that he would like to have clarified in the process if the City Council approves the amendment. December 6, 2005 City Council Meeting Minutes Page 3 Christopher Dahl came forward and stated that the space has been unoccupied for over a year and that everyone that has come to look at the space has been interested in retail. The Council discussed the possibility of having a joint meeting with the Zoning and Planning Commission. The Council decided that it might not be possible to do that by the end of this year. Mr. Kerrigan stated that it could be put off until next year. City Manager Rick Getschow stated that the Council could address their concerns and explore whether there is a workable compromise or solution. VII. ADJOURNMENT There being no further business, Council Member Brausen moved and Council Member Thompson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:32 p.m. Respectfully Submj~t~¢d, eery Ob~~er, City Clerk ATTEST: Eugen J. axwell, Mayor December 6, 2005 City Council Meeting Minutes Page 4 COUNCIL MEMBERS