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04-03-07A regular meeting of the Hopkins City Council was held on April 3, 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, Bradford, Kerrigan, 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. OATH OF OFFICE 1. Park Board member, Doug Datta Doug Datta was sworn to office by the City Clerk IV. REPORTS -COMMITTEES/COMMISSIONS 1 . Zoning and Planning Commission Virgil Aarnes reported that the Planning Commission held a meeting on March 29`h and discussed the Parking Variance for 9 7`" Ave S and an amendment to the Zoning Ordinance that would allow pet grooming as a permitted use in a B-3 Zoning District. The Commission recommended both. Other items the Commission discussed were junk vehicles in industrial zones and junk yards. The Commission agreed the junk vehicles should be removed within 30 days from the time of a complaint with an additional 150 days for a sheriff's sale. V. CONSENT AGENDA 1. Minutes of March 20, 2007 City Council Meeting 2. Minutes of March 20, 2007 City Council Work Session 3. Minutes of March 27, 2007 City Council Work Session 4. Ratify Previous Month's Disbursements 5. Second Reading, Ordinance 2007-988, Tobacco Moratorium (Memo) 6. Approve Temporary Liquor License for Hopkins Area Jaycees (CR2007-039) 7. Contract -Comprehensive Plan Update (CR2007-036) 8. Request for Comprehensive Road and Transit Funding (CR2007-041) 9. Reject Bid, City Hall Finish Upgrade Project (CR2007-038) April 3, 2007 City Council Meeting Minutes Page 1 After Council Member Youakim thanked the City Council for considering the resolution in support of road and transit funding, City Manager Getschow explained that the resolution supports a dedicated source of funding. The State has fallen behind in funding transportation. Both the Southwest Transit and the Southwest Light Rail would be positive for the City of Hopkins. Council Member Halverson moved and Council Member Rowan 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. VI. NEW BUSINESS 1. Parking Variance at 9 - 7th Ave S (CR2007-035) Hopkins Village Apartments has applied for a variance to reduce five parking spaces to construct an outdoor patio area. The hardship is that they have always had fewer parking spaces than apartments, but they have never had a problem with parking and do not expect the change to cause a problem. The Zoning and Planning Commission recommended approval with the statement that they would like to see more landscaping and a larger patio area. In response to Council Member Rowan's question, Mr. Kerrigan said that if the use expands, it will be a legal non conforming use. Council members discussed the stated hardship. City Attorney Jerry Steiner recommended the addition of two findings; that there is a lack of open space amenities on the lot and this will increase the open space amenities of the building and that the property is in the downtown, where it is difficult to provide additional parking or open space for the building. The co-owner of the Hopkins Village Apartments, came forward to answer questions. Mayor Maxwell stated that the handicapped parking spaces should not be moved and asked if the additional landscaping could be added at a later date. She answered that they would try to do so. Council Member Thompson moved and Council Member Rowan seconded a motion to adopt Resolution 2007-024, approving reducing parking spaces by five at 9 7th Ave S with the additional findings of fact as stated by the City Attorney. 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. Zoning Ordinance Amendment, Pet Grooming in B-3 District (CR2007-034) Laurie Stuart has applied for a zoning amendment to allow pet grooming in the B-3 zoning district. The zoning ordinance allows a veterinary clinic in the B-3, but not pet grooming. The new B-4 zoning allows a pet store, which could have pet grooming as an accessory April 3, 2007 City Council Meeting Minutes Page 2 use. Ms. Stuart is proposing to open a pet grooming business at 1819 Mainstreet. City Attorney Jerry Steiner added that a definition of "pet grooming" would be included in the ordinance for second reading. The Zoning and Planning Commission recommended approval. Council Member Rowan moved and Council Member Halverson seconded a motion to adopt Resolution 2007-023, approving Ordinance 2007-985, adopting pet grooming as a permitted use in the B-3 Zoning District 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. Final Plat, Marketplace and Main (CR2007-033) The area occupied by the former Hopkins Honda became available for redevelopment when Hopkins Honda moved to a different site. The property was purchased by the Cornerstone Group. Last March, the preliminary plat and site plan were approved for the Cornerstone Group for acondo/town home/retail development. The triangular area on the north side of Mainstreet, between 6`h and 7`" Aves, is proposed to be a row of town homes. The area where the old Honda showroom was located and the area to the north will be a retail/condo building. The last area used by Honda along 8`h Ave will be another row of town homes. Marketplace Holdings, Inc. (The Beard Group) is purchasing the site, and as part of the purchase agreement, the plat needs to be approved. The preliminary plat expired six months after approval. It was approved again on March 20, 2007. The project is in compliance with the Comprehensive Plan and the Zoning Ordinance. Council Member Youakim moved and Council Member Rowan seconded a motion to adopt Resolution 2007-022, approving a final plat for the Marketplace & Main Development. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Counci! Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Accept Bids, Declare Cost to be Assessed and Order Assessment Hearing, 2007 Street and Utility Improvement Project (CR2007-040) The bid opening for the 2007 Street and Utility Improvement Project was held on March 27, 2007. The low bid of $1,085,400.25, $350,000 less than the final engineer's estimate, was submitted by Holst Excavating. A total of ten bids were received. The projected assessment rate is expected to be lower than the cap for the Drillarie neighborhood. April 3, 2007 City Council Meeting Minutes Page 3 Council Member Thompson moved and Council Member Halverson seconded a motion to adopt Resolution 2007-25, accepting bid for 2007 Street & Utility Improvement Project; to adopt Resolution 2007-026, Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment; and to adopt Resolution 2007-027, Resolution for Hearing on Proposed Assessments, 2007 Street and Utility Improvements, City Project 2006-10. 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. Award Bid, City Hall HVAC Upgrade Project (CR2007-037 This project was re-bid after clarifying language and specifications and supplying a portion of the work to be completed in house. The low bid for the project was submitted by Thelen H & A, Inc. for S 102,000. Council Member Halverson moved and Council Member Rowan seconded a motion to award contract in the amount of $102,000 for Hopkins City Hall HVAC Upgrade, Project 2006-18 to Thelen Heating and Roofing, Inc. 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. ADJOURNMENT There being no further business, Council Member Thompson moved and Council Member Halverson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:28 p.m. Respectfully Submitted, Terry Obermaier, City Clerk ATTEST: Eugen xwell, Mayor April 3, 2007 City Council Meeting Minutes Page 4