09-07-99A r gular meeting of the Hopkins City Council was held on Sept mbar 7, 1999, in
the Council Chambers of the Hopkins City Hall.
Present were Mayor Redepenning and Council Members Maxwell, Jenson, Hesch,
and Johnson. Also present were staff members Mislke, Genellie, Stadler, Kerrigan,
Gessele, Yager, Tom Anderson, Nancy Anderson and City Attorney Jerre Miller.
I. CALL TO ORDER
Mayor Redepenning called the meeting to order at 7:30 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
There ware none.
III. REPORTS -COMMITTEES/COMMISSIONS
1. Zoning and Planning Commission
Dorothy Boen, Co-Chair, Zoning and Planning Commission told the Council that the
Commission discussed two items this month. Both items are on the agenda at this
meeting and the Commission approved them unanimously.
IV. CONSENT AGENDA
1. August 17, 1999, Regular City Council Meeting Minutes
2. August 3, 1999, Work Session Meeting Minutes
3. August 10, 1998, Work Session Meeting Minutes
4. Ratify Checks Issued in August, 1999
5. Approve Appointments to Chemical Health Commission and Police Civil
Service Commission (Memo)
6. Second Reading, Stoma Sewer Ordinance Changes (Memo)
7. Temporary 3.2 Beer License, St. Joseph's Fall Festival (CR99-149)
8. Jaycees Gambling License Renewal (CR99-1501
9. Marketing Policy (CR99-160)
10. Order Assessment Hearing for Oct 5, 1999 Alley Improvements CR99-
159)
11. Order Assessment Hearing, 1999 Private Improvements and
Miscellaneous
12. Approve Final Payment, 6~' Ave N Storm Sewer Project (CR99-158)
13. Transit Improvements Study (CR99-163)
Sepbanber 7, 1989 Chy Council Mestinp Minute Pps 1
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Steve Stadler ask d that item 12 be pulled from the Consent Agenda. Council
Member Hesch asked that a correction be made to the August 10, 1999, work
session minutes on the first page under 'Depot Financial Outlook' fourth
paragraph. "The school district got a X374,000 grant' should read "The school
district applied for a X374,000 grant".
Council Member Johnson moved and Council Member Jensen seconded a motion
to approve the Consent Agenda as amended. A poll of the vote was as follows:
Council Member Maxwell, aye; Council Member Jensen, aye; Council Member
Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion
carried unanimously.
V. OATH OF OFFICE
John Szuba, Zoning and Planning Commission, and Kelley Bloomquist,
Chemical Health Commission, gave the oath of office to serve their terms on the
commissions.
VI. PUBLIC HEARING
1. Nuisance Abatement Hearing, Gary's Towing (CR99-151)
Tom Anderson reviewed the City Nuisance Abatement Coda, complaints against
the property, results of numerous inspections, the time line of the situation, how
the nuisance will be corrected and the abatement cost. Mr. Anderson said that he
had reviewed the property earlier in the day and that although some progress had
been made, it was not significant.
Wynn Curtiss, prosecuting attorney for the City, said that before vehicles could be
disposed of, ownership would have to be determined and owners other than Mr.
Schumacher would have to be notified of the intent.
Mayor Redepenning opened the public hearing at 7:55 p.m.
John Hamel, a friend of Wanda Schumacher, the owner of the property, asked if
more time could be given to the parties, allowing them to do the work and avoid a
costly assessment.
Gary Schumacher said that he has been operating his business for twenty-eight
years in the same manner and would like more time to do the work.
Sep~amber 7, 1999 City Cotn~cN Me~tinp MinuaM
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Roger Fink , 620 - 12~' Ave S, said that he would like to see the situation abated
as soon as possible.
Janet Seward, 606 - 12~' Ave S, said that Mr. Schumacher has had ample time
and that the lot could have been cleaned up by now.
Council Member Maxwell moved and Council Member Johnson seconded a motion
to close the public hearing. The public hearing was closed by unanimous consent
at 8:04 p.m.
Council Members discussed the time frame and the amount of time that Mr.
Schumacher has had to clean up the lot.
Council Member Maxwell moved and Council Member Hesch seconded a motion to
adopt Resolution 99-073, declaring a nuisance exists at 610 - 12~' Ave S and
ordering the nuisance abated and costs assessed as a special assessment with the
additional resolving clause that the City cleanup efforts will not begin until
September 21, 1999. A poll of the vote was as follows: Council Member
Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council
Member Johnson, aye; Mayor Rsdepenning, aye. The motion carried unanimously.
VII. OLD BUSINESS
1. Second Reading, Rezone Alliant Tech Property ICR99-153)
Nancy Anderson said that the City Council approved the first reading for the
rezoning of the property. Ms. Anderson reviewed the history of the project.
Council Member Johnson moved and Council Member Jensen seconded a motion
to adopt Ordinance 99-827 for second reading for the rezoning of the former
Alliant Tech parking lot from R-1-C to R-1-A, PUD (Beard Group1 and order the
Ordinance published. A poll of the vote was as follows: Council Member Maxwell,
aye; Council Member Jensen, aye; Council Member Hssch, aye; Council Member
Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously.
2. Approve Final Plat and Development Agreement, Alliant Tech (CR99-153)
Nancy Anderson said that The Beard Group is proposing to construct single family
homes on the parking lot that was previously owned by Alliant Tech. Ms.
Anderson reviewed the plans.
Septenibsr 7, 1999 City Council Mesdnp Minutes Paps 3
Council Member Jensen moved and Council Member H sch second d a motion to
adopt Resolution 99-75, approving the final plat and development agreement for
the former Alliant Tech parking lot (Beard Group). A poll of the vote was as
follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council
Member Hesch, aye; Council Member Johnson, aye; Mayor Redspsnning, aye. Th
motion carried unanimously.
3. Approve Excelsior Boulevard Preliminary Layout (CR99-161)
Mayor Redepenning said that a request had been made to continue this item until
the Septe~»ber 21" meeting to allow Blake School time to review the new design
portions. Mr. Redepenning asked Mr. Stadler if this would upset the timeline for
Hennepin County to go ahead. Council Member Hssch said that there was
agreement on the majority of the design and asked if they couldn't approve all but
th west end, thus allowing Hennepin County to begin the acquisition of properties.
Mayor Redepenning asked Mr. Stadler what was discussed at the neighborhood
meeting. Mr. Stadler said that twenty-seven people attended and that the three
strong requests waro that the City effect a full taking of the East End Bottle House,
that the alleys be closed, and that a signal be installed at one of the intersections.
Mr. Stadler also said that the County would not support a signal at this time.
Council discussed the options.
Council Member Maxwell moved and Council Member Jensen seconded a motion
to adopt Resolution 99-82, Resolution approving Excelsior Boulevard reconstruction
preliminary plans with the condition that the east end design be finalized on
September 21" and with the addition of a resolving clause to effect a full taking of
the East End Bottle House. A poll of the vote was as follows: Council Member
Maxwell, aye; Council Member Jansen, aye; Council Member Hesch, aye; Council
Member Johnson, aye; Mayor Radepanning, aye. The motion carried unanimously.
VIII. NEW BUSINESS
1. Variance, Lot Size 307 Burnes Drnre (CR99-154)
Nancy Anderson said that the applicant, Arthur Johnson is proposing to divide his
lot at 307 Bumas Drive. When Mr. Johnson purchased the lot in 1970, he was
told that he could divide the lot in the future. The Zoning code was amended in
1977 increasing the minimum lot size from 10,000 square feet to 12,000 square
feet. The lot is an irregular shape and could not accommodate two lots of 12,000
square feet. Ken Skold, a neighbor and friend of Mr. Johnson, showed the plat as
divided several years ago. Mr. Skold said the Mr. Johnson never filed the division.
Sepa~nber 7, 1999 Chy CamcN Mestinp Mhw~es Paps 4
Council Member Hesch moved and Council Member J Haan s cond d a motion to
adopt Resolution 99-78, approving a variance to allow a 10,730 square foot lot. A
poll of the vote was as follows: Council Member Maxwell, aye; Council Member
Jansen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor
Redepenning, aye. The motion carried unanimously.
2. Waiver of Plat, 307 Bumes Drive (CR99-155)
Nancy Anderson said that with the granting of the variance, Mr. Johnson was also
requesting a waiver of plat to allow him to divide the lot.
Council Member Maxwell moved and Council Member Johnson seconded a motion
to adopt Resolution 99-77, approving a waiver of plat to divide the lot at 307
Bumes Drive. A poll of the vote was as follows: Council Member Maxwell, aye;
Council Member Jensen, aye; Council Member Hesch, aye; Council Member
Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously.
3. Variance, Parking in Front Yard Setback, 1111 Excelsior Boulevard
(CR99- 156)
Nancy Anderson said that the Hopkins Tech Center is proposing to use the front
yard of their site for a parking area. Excelsior Boulevard reconstruction has made
the west access to the Hopkins Tech Center aright-in/right-out. The majority of
the traffic now uses the west access. The high number of trucks using the access
creates problems for the cars.
Tom Lyons, the property manager, reviewed the preliminary plans and explained
the problem with the restricted access.
Council Member Jensen moved and Council Member Johnson seconded a motion
to adopt Resolution 99-78, approving a variance to allow parking in the front yard
setback with the condition the handicap parking be reviewed for conformity with
the final plan review. A poll of the vote was as follows: Council Member Maxwell,
aye; Council Member Jansen, aye; Council Member Hesch, aye; Council Member
Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously.
4. Adoption of Preliminary Budget and Levy (CR99-162)
Lori Yager explained the Truth in Taxation process and presented three budget
options to the Council. Ms. Yager recommended option two, setting the total levy
at #5,664,144, an increase of 3.6396.
September 7, 1999 City Coundl M~etinp Minutiae Pps 6
Council Memb r Johnson moved and Council M mb r Hesch second d a motion to
adopt Resolution 99-083, Approving proposed 1999 tsx levy, collectible in 2000,
adopting the preliminary 2000 general fund budget and setting public hearing
dates. A poll of the vote was as follows: Council Member Maxwell, aye; Council
Member Jensen, aye; Council Member Hssch, aye; Council Member Johnson, aye;
Mayor Redapenning, aye. Tha motion carried unanimously.
5. Nuisance Abatement, Mahlon Osbum Property (CR99-164)
Steve Mielke said that the residential property (a duplex) at 18~' Ave N and 3'~ St N
has been problematic. Numerous notifications to clean up have bean sent.
Criminal proceedings are underway.
Council Member Maxwell moved and Council Member Jensen seconded a motion
to schedule a public hearing for Tuesday, September 21, 1999, at 7:45 p.m. to
consider the existence of a nuisance violation at 255-257 18~' Ave N in Hopkins,
and to establish procedures by which to abate the nuisance and assess the cost of
that abatement against the property. A poll of the vote was as follows: Council
Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye;
Council Member Johnson, aye; Mayor Redapenning, aye. The motion carried
unanimously.
6. Nuisance Abatement, Dale Wojcik Property (CR99-165)
Steve Mielke said that this is asingle-family residence. There was an o:.t~„~ne
amount of junk and debris. Mr. Mielke said that the resident has made promises to
clean up the property and has been working on it and that significant progress has
been made.
Council Member Johnson moved and Council Member Hesch seconded a motion to
schedule a public hearing for Tuesday, September 21, 1999, at 7:45 p.m. to
consider the existence of a nuisance violation at 133 - 12~' Ave S in Hopkins, and
to establish procedures by which to abate the nuisance and assess the cost of that
abatement against the property. A poll of the vote was as follows: Council
Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye;
Council Member Johnson, aye; Mayor Redapenning, aye. The motion carried
unanimously.
Septs~nbsr 7, 1999 City CouncR Mestinp Minuess Pps 6
IX. ADJOURNMENT
There being no further business, Council Member Jensen moved and Council
Member Maxwell seconded a motion to adjourn the meeting. The meeting was
adjourned by unanimous consent at 9:b3 p.m.
Respectively Submitted,
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~, City Clerk
COUNCIL MEMBERS
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ATTEST
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Charles D. Redepenning, Mayor
September 7, 1988 City CouncN Meeting Minutse Pepe 7