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04-06-93,. :n A regular meeting of the Hopkins City Council Mas held on April 6, 1993 in the City Council Chambers of the Hopkins City Hall. Present Mere Mayor Berg, Councilmambers Anderson, Shirley, and Redepenninq. Also present Mara staff members Mielke, Genellie, 8armeninq, Kerrigan, Gessele, N. Anderson and City Attorney Jerre Killer. Councilmember Kritsler Mas absent. I. CALL TO ORDER Mayor Berg called the meeting to order at 7:30 p.m. II. SNEAKING IN CEREI~NY Jim Genellie sMOra in Dodi Toberman, Toni Peterson, Megan Ladely and Mary McNeil to the Chemical Health Cosmission. III. CONSENT AGffi~D1~ 1. APPROVAL OF THE MARCH 116, 1993 REGULAR 1~ETING ~ilir ~ 1'JSS 2. APPROVAL OF DISBURSEl~NTS, PRe'*.TST 9Q~ 3. APPROVAL OF MIS~•T•~lNEOUS LIC~SES 4. APP'..ava 1993 POLICE OFFICES NAGS ArR 5. ACCEPT FEASIBILITY REPORT AHD ORDER PQBLIC HEARING ALLEY RECONs-rxuc.tiON (Rpt. 93-45) 6. COUNCIL ORDERS FEASIBILITY siucY - aND STRE$T N.E. SIDEI~ALK (Rpt. 93-46) 7 . APPROVE Ac.1.1v1`1•Y ciSi~l•17SK RffitOOF BIDS (Rpt. 93-43 ) 8. APPLICI~TION FOR ruacING MHFA (Rpt. 93-47) 9. AMARD BID - MEsimsOOKE NAY (Rpt. 93-44) 10. APP+.;avt~ APPOIpTMffi~i'1' TO CHEKICAL HEAI~1'S CO~IIrIISSION Mayor Berg eacplainad item #5 and stated that there Mould be a public ~+~ ~rinq on May 18th. He also requested that Item #l0 be pulled from the agenda and addressed later in the meeting. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to approve the Consent Agenda e~ccludinq Item No. 10. A poll of the vote Nas as folloNS: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Redepenninq, Aye; Mayor Berg, Aye. The motion carried unanimously. IV. OLD BUSINESS 1~ ~ 7 April 6, 1993 Page Z a. CONSIDER ACTION -SECOND READING ALLEY VACATI~ - 5TH AVffi~QE AND ~.(~us i•~t ROAD 3 Staff racoa~andad that the Council a~~6.re Ordinance 9a-716 for second reading and order published. This is the second reading for the vacation of the alley Which rill be used for the Handicapped Housing Pro j act on the ~ ss~.r of 5th Avenue and County Road #3. Councilmemaber Anderson moved and Council ~~~ Redapanning seconded the motion to approve Ordinance No. 9a-716. A poll of the vote eras as follaars: Councilmambar Anderson, Aye; Cauncilmamber Shirley, Aye; Councilmembsr Radepanning, Aye; Mayor Berg, Aya. The motion carried unanimously. b. CONSID~ ACTION - SS~i:c RENDING 8virir~~ CHAITTGES Staff that the Council a~~rtove Ordir~ri~~ No. 93- 7Za for second reading and order published. Council amber Shirley moved and Counciime®bar Anderson seconded the motion to a~~re Ordinance No. 93-7aZ for second reading and order published. A poll of the vote eras as follo:rs: Council~ae®bar Anderson, Aye; Councilaember Shirley, Ays; Council~ambar Redapanninq, Aye; Mayor Barg, Aye. The notion carried unanimously. IV. NEN BIISINESS a. CONSIDER ACTION - DER FEASIBILITY REPORT -ALLEY R:sc.ObS'1'~uGi'ION - 9TH i 10TH AVffiHJE NORTH Staff racasaaended adoption of Resolution No. 93-3a ordering ~~paration of a feasibility report. ~. Gessale informed the Council that the City had received a petition rith 15 signatures for i~red alleyNays. If the job on 9th and 10th Avenues North could be dove tailed Frith the other allay reconstruction plan that has barn a~~~vad it could be cost affective. After discussion Councilmambar Shirley moved and Councilmeaober Anderson ^~^~ndad the motion to adapt ~?~~~lution No. 93-3Z. A poll of the vote eras as follo~rs: Councilm~ember Anderson, Aye; Counciimaa~bar Shirley, Aye; Councilmember Redepanninq, Aye; Mayor Barg, Aye. The motion carried unanimously. . ~ a • April 6, 1993 Page 3 b. 1rQNIlNJ~I LOT vARIANC$ - 7 NBSaiax PLACE (Rpt. 93-49 ) Staff recomssendad the follo~rinq motion: Nova to a~~'t~da Resolution No. 93-38 denying a variance to alloN a 31,351 square foot lot in an R-i-$ soninq district. The applicant o~ms 7 ~Iebster Place. This lot is 89,851 square feet. The applicant is proposing to divide this lot into tNO parcels. The lot there the home is currant located on Mould ba 31,351 square feet and the net lot trould be 58, 500 squats feat. The soninq coda requires a mfni~naa lot sine of 40, 000 square feet. ~. Hayes appeared before Council stating that ha vouid like to build a nev home on the balance of his lot. He said that DNR rouid not allay him to build a driva~ray across the ~~tactad vatars. Therefore he is requesting a variance. Donna Ndelstain, 4 Rebstar Place, stated that she and her husband had purchased the property s year and a half ago Frith the understanding that no lot trould ba lass than 40,000 sq, feat. This appealed to thew and help lead to the purchase of their hoaas. They are vary opposed to Nr. Hayes request. Councilmeabar Anderson stated that if the Council ~rere to a11oN a variance other hcmao~rnars in the same area could also request a variance. Cauncilmember Redepanninq agreed xith Councilaramber Anderson and said he Mould be vary reluctant to any sub-dividing in the Hellgrcva area. Roth Counci~w Shirley and Anderson agreed with Councilaeeber Redepenninq. After discussion Councilmea~bar Redapenninq moved and Councilmember Anderson seconded the motion to appr~.re Resolution No. 93-Z8 denying a variance. A poll of the vote eras as follo~rs: Councilmeatber Anderson, Ays; Councilmamber Shirley, Aya; Councilmember R~adepanninq, Aye; Mayor Serq, Aye. The motion carried unanimously. c. CONSIDffit ACTION - Ri~v~ec OF PLAT - 7 1IBBsisx PLAC$ (Rpt. 93-49) Staff raco~ended the follo~rfnq motion: !love to a~~~re Resolution No. 93-a7 denying a rawer of plat to divide the lot at 7 Nebster Place. s ~ April 6, 1993 Page ~ Councilmember Shirley coved and Council~aember Redepenninq seconded the motion to a~~•ove Resolution No. 93-27 denying a ~raivar of plat. A poll of the vote eras as follows: Councilmevobar Anderson, Aye; Councilme~aber Shirley, Aya; Councilmembar Redapanninq, Aya; Mayor Barg, Aye. The notion carried unanimously. d. CONSIDffit ACTION - SETBACK VARIANC$ - 201 NEST PARR ROAD (Rpt. 93-51) Staff raco~ended the following nation: Nova to a~ps~ra Resolution No. 93-30 approving a 20 foot rear yard variance to construct a home at 201 Nast Park Road. The applicant is proposing to construct a ho~ee at 201 Nast Park Valley Road. The subject property is located on the corner of 2nd Street North and Nast Park Road. After discussion Councilmember Anderson moved and Councilma®ber Redapennfnq seconded the motion to apprava Resolution No. 93-30. A poll of the vote was as follows: Councilmamber Anderson, Aye; Councilmember Shirley, Aye; Councilma~abar Redepanning, Aye; Nayor Barg, Aye. The motion carried unanimously. a. OONSID$R ACTION - ~rcITIONAL US$ PS1t~IIT - ~usr~GASCO (Rpt. 93-50) Staff recomsanded the following notion: Move to aw~s~.re Resolution No. 93-29 ap~rs•~~i~ a conditional use permit to construct a 10~ x 30~ building at 11522 Minnetonka Boulevard. Minnegasco is proposing to construct a l0~ by 30~ building to house a natural gas district regulator station at 11522 Minnetonka Boulevard. The subject site is located in the City of 8opkine but owned by the City of Minnetonka. Part of the site is used for a Minnetonka lift station. Minnetonka has approved the proposed site. Councilmaubar Shirley moved and Councflmember Anderson seconded the motion to approve Resolution No. 93-29. A poll of the vote eras as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmembar Redapenninq, Aye; Mayor Bsrq, Aya. The motion carried unanimously. f. DISCOSSION TAIT~S CONC$PT R$VIEN - GR+OCSRY STOR$ PROrT$CT i~lpril 6, 1993 Page 5 The Sonfng and Planning Comission reviewed the concept ~rs~.~ared by 1~. Hagan for expansion of the existing Tait s Supervalu at their regular Heating on March 30th. 1~. Carrigan explained the concept of the axpatision of Taits. He also stated that it would require public financial assistance and a TIF application. Don Hagen, one of the o~rners of the building the Taits store is housed in, appeared before Council to qo over the concept with the Council. Ha stated that Taits needs to expand to ba more cospatitive, Kith an incra~¢a in parking space. He said that he had talked to all the avnars of the property and 14 tenants and apprised theca of the concept. He had also talked to First Bank. The removal of all of the building on Nainstreat on the north aids between 10th and 11th could be necessary to co®plete the concept. He also stated that the closing of 10th 1~venue North would be necessary between Nainstreat and 1st Street North. Councilaemdber Shirley said that ha is general agreement with the project but would oppose a bars on Nainstraet. Ha is concerned with the tenants end Mould wish them to remain fn Hopkins. Councilmember l~nderson said he would reserve comments. He questioned who Mould ba the oNner, how the parking lot would bs maintained. Ha said that the City now Dens the parking lot but with the addition of the proposed parking he felt that the City should not be responsible for the parking areas upkeep and should not own the ps~party should a development of this kind be undertaken. He also was concerned where the coney would come Eros. mayor Barg stated that his biggest concerns were the removal of tha buildings and relocation of the existing businassas. He wanted encouragement of the existing businesses to stay in Hopkins. He also suggested a building on the Chevrolet used car site ba built to accosmodate more 1~lainstreat businesses. ~ ~ April 6, 1993 Page 6 Lloyd Johnson, of Super'Valu, appeared before Council to explain the benefits of the expansion of Taits. By enlarging the store it Mould make Taits more competitive and thereby increase business by 40~. Taits Mould bs the first store in Minnesota Mith a Food Court. The store prices Mould be lass than a NeM Market and competitive Mith a Cub or Rainbow. Don Roesnar, 618 1~ast Park Valley Drive, appeared to ask rho Mas going to pay for this project. 8a also asked haw much texas do the existing buildings generate. 8a also stated that the other businesses Head to be compensated for relocation, etc. Robin Cooley, Frame Design, appeared to state that she is opposed to removal of the building sho is in. T'hay like the location and the people that they deal Mith. Sue Inhawser, •,:r~~ical Minnesota, also appeared saying that she Mas very happy Mith her present location and Mould be very opposed to removal of the baildinq. She also said that the oMnars of the building Mhich houses Frame Design and her business have bean very cooperative and she Mould not like to lose them as owners of the building. Councilmember Redepenning stated that he had a stt~ua~.J feeling for ]l~ainstreet and asked if a compromise could ba made on the corner building. Marshall lay, President, First Bank Hopkins, said that he is favor of the project and Mould like to Mork Mith the City. Mayor Barg said that ha Mould like for the project leaders to work Mich Cfty staff and have a public h~~rinq on May 18th. He said that he has tMO recomim~andations. i. Address relocation issue Mith communication betMeen building owners and tenants Mith explainations hoar relocation Morks. Z. Address the financial issues. The discussion came to an end at this time. q. G~`RA'RR CONDITIONAL IIS$ Pffit~lIT Recommendation #i: Kove to consider an application for a conditional use perait (COP 93-i) subaaitted by Joe Garber to allots an auto sales lot at 5a5 l~ainstraet. April 6, 1993 Page 7 R~*s~andation #a: Dove to continua this matter to the April zo, 1993 City Council meeting and direct staff to prepare a resolution outlining findings of fact Which supports the denial of Ct1P 93-i for an auto sales lot at 525 l~ainstr~~i. fancy Anderson said that the Boning and Planning Coemission had been dealing with this issue far three months and could not gat lam. Garber to agree to the proposals requested by Z ie P. Hayar Herq requested Council to act on the first rsco~aae~ndation. Councilma~aber Shirley coved and Coluicilmamber Anderson s:conded the motion to consider the application far a COP at 5a5 1rlaainstraet. A poll of the vote eras as f ollo~rs : Counci lmsmber Anderson, Aye; Councilm®aeber Shirley, Ays; Councilmeaber Radapanninq, Aye; l~tayar Barg, Aye. The motion carried unanimously. M'r. Garber appeared before Council and said that he Mould cooperate Math the Council but would not caaaprom~isa on the curb cut. He also did not like the ZOO set back. After further discussion Councilmamber Anderson moved and Mayor Berg --Bonded the motion to ~~s~tinua this item and direct staff to prepare a resolution outlining findings of fact Mhich support the denial for an auto sales lot at 5a5 lrtaainstrsat. A poll of the vote Mae as folloMS: Councilm~amber Anderson, Aye; Councilmembar Shirley, Aye; Councilmamber Radepenninq, Aye; 1~1ayar Barg, Aye. The motion carried unanimously. h. DISCOSSION - PiH~sr~ I~OBILS PARK ~ia~I l~~~E'RS The purpose of this item Mae to apprise the City Councf 1 of actions city staff and legal counsel plan on taking against the o~mer of the Pines Mobile Home Park. This action relates to the oMners lack of attention to orders Which the City has Mrittan regarding the prevision of a storm shelter for the residents of the Pines. No specific action Mas being requested by the City Council. ~ r a • April 6, 1993 Page 8 Based upon discussion Mith legal caunsal, staff has determined that the a~eop~ iate course of action to take at this time mould bs as folloNS: i. File criminal misdemeanor charges against the Park o-mnar for his failure to meat the City~s orders. The penalty for a misdemeanor is up to 90 days in jail and/or a $700 fine. a. File a civil suit to compel the completion of a storm shelter. Councilmember Anderson asked hoM long it takes the state to enforce the codes. ~. Harmeninq stated that the process vas begun almost a year ago, but that they donut saeaa to ba in a hurry to enforce the regulations. Councils~e:obar shirlay stated that he felt that the City should proceed Kith the criminal action suit. The Council indicated agreement Frith the proposed actions. At this time Mayor Berg brought back Item #l0 on the Consent Agenda. Mayor Berg re~cosmendad Robert Lindea for the Chemical Health Com:ission. ~. Lindea is the manager of Lindas~s and Mould re~asent the liquor industry. Councilmember Anderson moved and Councilmember Redepenning -~*^~nded approval of Robert Lindae to the Chemical Health Commission. A poll of the vote eras as follo~rs: Councilmembar Anderson, Aye; Councilmembar Shirley, Aye; Councilmember Radapenninq, Aye; Mayor Berg, Aye. The motion carried unanimously. v=. pvsLlc ooTS/cox~-~~~s There Hare no public coarmants. VII. R$PORTS - COl~ii•1`175JSs/CO1~II~lISSI0NS There ~rera no reports. i ~ ~ • a .. April 6, 1993 Page 9 VIII. AD~vus~N Councilmember Redepenninq coved and Councilsaabar Anderson seconded the notion to adjourn. The meeting adjourned by unanimous consent. Ras fully subo~itted, .~ at Gi rna, Deputy City Clark wurCIIi~Bffit8: ~~,~~~~~ _._ ~~ I~eison ~1. Berg, ~dayar