09-15-98-' A regular meeting of the Hopkins City Council was held on September 15, 1998, in
the Council Chamb rs of the Hopkins City Hall.
Present were Mayor Redepenning and Council Members Maxwell, Jensen, Hesch, and
Johnson. Also present were staff members Mielka, Genellie, Stadler, Kerrigan,
Gessele, and City Attorney Jerre Miller.
I. CALL TO ORDER
Mayor Redepenning called the meeting to order at 8:00 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
Don Roemer 618, Park Valley Dr West, commented on the signage on 11 "' and 5"'
Avenues and Excelsior Boulevard.
III. CONSENT AGENDA
1. SeErt~.nber 1, 1998 Regular City Council Meeting Minutes
2. Disbursements, Prelist 1046
3. Second Reading, Park Ordinance Revision (Memo)
4. Hennepin County Waste Delivery Agreement (CR98-145)
5. Vacation of Storm Sewer Easement, Hennepin County Public Works Site
(CR98-147)
6. Authorize Final Payment, Alley Project 97-16 (CR98-146)
Council Member Hesch moved and Council Member Jensen seconded a motion to
approve the Consent Agenda. 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.
IV. OLD BUSINESS
1. Phase II Sump Pump Authorization (CR98-148)
Steve Stadler said that on November 4, 1997 Council authorized Phase I of a City-
wide sump pump inspection program. Of the 570 properties that were to be
inspected less than ten remain to be inspected. Certified letters will be sent to
remaining households. The cost of Phase II will be 581,854 with 540,000 coming
from Metropolitan Council Environmental Services in the form of a loan grant.
A discussion followed.
September 16. 1998 Chy CouncN Meeting Minutes Pace 1
Council Member Maxwell moved and Council Member Johnson seconded a motion to
authorize the Mayor and City Manager to enter into an agr ement with Howard R.
Green Company for completion of Phase II of the sump pump inspection program. A
poll of the vote was as follows: Council Member Maxwell, aye; Council Member
Jensen, aye; Council Member Hesch, nay; Council Member Johnson, aye; Mayor
Redepenning, aye. The motion carried unanimously.
2. Variance, Side Yard Setback, 341 Herman Terrace (CR98-139)
Jim Kerrigan said that the item was continued from the previous meeting and that at
that meeting the applicant was asked to consider other alternatives. Mr. Kerrigan said
that staff continues to recommend denial. Council discussed the variance. Mr.
Jewitt, the applicant, stated that the other alternatives ware checked and that the
neighbor is unwilling to give a covenant or sell property to him. Mr. Jewitt also said
that a bathroom that is four feet wide is not acceptable.
Mr. and Mrs. Barnes, the neighbor, appeared to support the variance.
Mayor Radepenning asked if findings such as the odd shape of the lot and the fact
that twenty feet will remain between the homes would suffice. City Attorney Jerre
Miller said that the City Council needs to act in good faith and not be arbitrary or
capricious.
Council Member Maxwell moved and Council Member Johnson seconded a motion to
adopt Resolution 98-64, granting a two foot side-yard variance at 341 Herman
Terrace with the following finding of facts:
1) The unique shape of the lot causes a hardship;
2) That granting the variance will not cause a negative impact to the character
of the neighborhood;
31 That the intent of the Code will be maintained;
4) That enforcement of the Code would cause undue hardship to the applicant
due to the unique shape of the lot;
5) And that there was a change to the side-yard setbacks during the time that
the applicant resided in the home.
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.
Council Member Jensen moved and Council Member Johnson seconded a motion to
direct the Zoning and Planning Commission to review the zoning code and the housing
portion of the Comprehensive Plan to make setbacks more flexible to allow for
changes in housing needs which would allow residents to stay in their homes longer.
A poll of the vote was as follows: Council Member Maxwell, aye; Council Member
Sepambar 1 fi, 1988 City Council Mestinp Minutsa Paps Z
Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor
R depenning, aye. The motion carried unanimously.
3. Second Reading, Council Wage Adjustment (Memo)
Steve Mielke reviewed the history of the ordinance.
Council Member Maxwell moved and Council Member Jensen seconded a motion to
adopt Ordinance 98-811 for second reading and order published. 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.
V. NEW BUSINESS
1. Engineering Report Storm Water Problem Area 5 (CR98-149)
Steve Stadler introduced Mike Foartsch, RCM Associates. Mr. Stadler and Mr.
Foertsch reviewed the feasibility study saying that review of elevations showed that
th south end of the alley is higher than the center of the alley causing water to pond
in the middle of the alley and in the residents' garages. The problem can be resolved
by grading the alley and 2"d St S to lower the south end of the alley allowing the
ponding ar~aa to drain. Mr. Stadler said this would be a 1999 project. Two resid nts
appeared to encourage Council to move forward with this project as soon as possible.
Council Member Johnson moved and Council Member Hesch seconded a motion to
accept the feasibility report on correction of flooding problems in Area 5 -alley
between 8~' and 9~' Avenues North and 2"~ and 3'~ Streets North and approve
proposed continued action. 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 Redepanning, aye. The motion carried unanimously.
2. SuperValu Redevelopment Project Conditional Use Permit Agreement (CR98-
099)
Jim Kerrigan requested a continuance of this item to the October 6"' meeting to obtain
new information from SuperValu. The closing date will now be October 7~'.
Council Member Hesch moved and Council Member Maxwell seconded a motion to
continue this item until October 6 and notify all of the property owners on the existing
mailing list of public hearings at the September Zoning and Planning Meeting and the
October 6 City Council Meeting. 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.
Sepbsmber 15, 1998 Chy Councq Mea~tinp Minu~ss Pei 3
VI. REPORTS -COMMITTEES/COMMISSIONS
Council Member Johnson said the Chemical Health Commission discussed putting
together packets for liquor establishments, dealing with fake I Ds, and regular
compliance checks.
VII. ADJOURNMENT
There being no further business, Council Member Jensen moved and Council Member
Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 10:07 p.m.
Respectively Submitted,
erry O er, City Clsrk
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ATTEST•
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Charier D. Redepenning, Mayes
COUNCIL MEMBERS
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Sept mbar 16, 1996 City Council Mestinp Minutes Paps 4