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04-06-2010 A regular meeting of the Hopkins City Council was held on April 6, 2010, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Youakim, Brausen, Rowan, and Halverson. Also, present were staff members Getschow, Genellie, Stadler, Elverum, Anderson, and City Attorney Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:31 p.m. II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS There were none. III. PRESENTATION 1. Citizens Academy Graduation Mayor Maxwell addressed the graduates and thanked City staff for the presentations of the different departments. City Manager called the graduates up and presented them with their diplomas. Several of the graduates expressed their appreciation for the experience. IV. COMMISSION AND BOARD REPORTS 1. Zoning and Planning Commission Bob Hatlestad reported that the Zoning and Planning Commission discussed the zoning amendment for signs. The item was continued from their February meeting so the Commission could get more information about other cities' ordinances. Four of the five members present voted to recommend approval of the amendment. The Commission also discussed a CUP for 1702 Mainstreet and the rezoning of the EBCO property. The Commission recommended approval of both items. They also reviewed the mixed use zoning designation and are near to completing the ordinance. V. CONSENT AGENDA 1. Minutes of the March 16, 2010 City Council Meeting 2. Ratify Checks for the Month of March (Memo) 3. Approve Resolution for State Wide Mutual Aid Response (CR2010 -025) 4. Approve the Extension — Marketplace and Main Site Plan (CR2010 -029) 5. Appoint Roger Johnson to the Charter Commission (Memo) Council Member Rowan moved and Council Member Halverson seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Youakim, aye; April 6, 2010 City Council Meeting Minutes Page 1 Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. NEW BUSINESS 1. Adopt Resolution 2010 -015, Approving Conditional Use Permit for Affordable Auto at 1702 Mainstreet (CR2010 -027) The site was previously a gas station. It is now a vacant lot. The owner of the property, Todd Beugen owns and operates Affordable Auto, located just south of the vacant lot. Last year, Br. Beugen's company started a U -Haul rental business on the vacant property. Staff notified Mr. Beugen that operating a rental business requires a conditional use permit. The use complies with both the Comprehensive Plan and the Zoning Ordinances. In addition to ordinance requirements, staff recommended a condition that all improvements are completed by June 1, 2010. The Zoning and Planning Commission recommended approval. Todd Beugen, Miranda Whitaker, and Shawn Millard came forward to answer questions from the Council Members. Council Member Brausen moved and Council Member Halverson seconded a motion to adopt Resolution 2010 -015, approving a conditional use permit for a rental operation at 1702 Mainstreet. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Adopt Resolution 2010 -014A, Denying Proposed Ordinance 2010 -1015, Amending the Sign Ordinance to allow Electronic Changing Signs to Change Every 12 Seconds (CR2010 -026) The City received an application for a zoning amendment from Holiday Companies for an electronic message center below the gas price sign. Currently, Holiday has a manually changeable sign on their pylon. Messages on the sign can be changed every 24 hours under current ordinance. The proposed amendment would allow electronic changeable signs that change every eight seconds and would be allowed in the B -3 Zoning district abutting State and County roads. Under the current ordinance, Holiday could have an electronic sign that changes every 24 hours. The Zoning and Planning Commission recommended a 12 second interval for the sign changing. Staff recommended denial. The Council discussed the ordinances of other Cities. City Attorney Jerry Steiner stated that he would feel better about some of the requirements such as the requirement of 370 foot footage on the lot, if there were findings. of fact that accompanied the requirements. The Council discussed the time the signs could be lighted, hours of business, and type of display. Michael Cronin, representing Holiday Companies, came forward and gave a demonstration of the sign that would change every 12 seconds. April 6, 2010 City Council Meeting Minutes Page 2 The Council discussed various aspects of the sign, possible locations of similar signs, availability of any research on the distraction to drivers, hours of operation, and possible CUP with Mr. Cronin. Ms. Anderson requested that the item be continued to the May 4, 2010 agenda. Mr. Cronin agreed that the item could be continued. Council Member Brausen moved and Council Member Rowan seconded a motion to continue the item to the May 4, 2010 meeting. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Adopt Resolution 2010 -016, Approving Rezoning of Former EBCO Site (CR2010- 028) The new Comprehensive Plan that was approved in 2009 has placed different zoning designations on several sites. The City will now go through a process to rezone these sites. The former EBCO site is located at 140 Washington Ave S and 201 3 rd Ave S. The site is currently vacant. The current plans show the LRT on the north side of the site. The site could have a higher use designation than industrial. The new Comprehensive Plan designates the site as Business Park. The Business Park zoning district allows office and a limited amount of warehouse. Limited retail is allowed if the product is manufactured on site. The Zoning and Planning Commission recommended approval. Council Member Youakim moved and Council Member Brausen seconded a motion to adopt Resolution 2010 -016, approving Ordinance 2010 -1016, rezoning the property at 140 Washington Ave and 201 3 rd St S from 1 -2, General Industrial, to Business Park. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Approve City Participation in Option Agreement - 427 Blake Rd (CR2010 -30) In May, 2009, The City adopted a small area plan for the Blake Road Corridor in order to guide redevelopment. One of the recommendations of the plan was to enhance and connect green and open spaces. This would require. acquisition of properties south of the existing Cottageville Park to connect more fully to Minnehaha Creek. City staff has been in discussions with the Minnehaha Watershed District staff and the Metropolitan Council, regarding a collaborative effort to achieve this mutual goal. Recently, the opportunity to purchase a key parcel, 425/427 Blake Rd has presented itself. The Minnehaha Watershed District Board authorized its staff to enter into an option agreement if the City of Hopkins participated 50% in the option payment required to acquire the option, up to $10,000. (non - refundable) from each party April 6, 2010 City Council Meeting Minutes Page 3 The option is being sought to give the Watershed District time to complete their analysis of the acquisition. While they do support the purchase at this time, the City does not have a guarantee that the option will be executed. The purchase of this property now would result in significant acquisition savings over future purchase costs. Mark Ten Eycke, Director of Land Conservation, Minnehaha Watershed District, came forward and gave a brief explanation of the Districts goals and the need for the option. Council Member Rowan moved and Council Member Youakim seconded a motion to authorize staff to negotiate an option agreement for the purchase of 425/427 Blake Rd N with the City and the Minnehaha Creek Watershed District as option holders, subject to the terms detailed in this report. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, 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 Brausen moved and Council Member Halverson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:14 p.m. Respectfully Submitted, Terry Obermaier, City Clerk COUNCIL MEMBERS '16 rvt.w ATTEST: Eugene J. ax eII,.Mayor April 6, 2010 City Council Meeting Minutes Page 4