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09-01-92~~ +' ~ s ~. A regular meeting of the Hopkins City Council `ras held on September i, 1992 fn the City Council Chambers of the Hopkins City Hall. Present Nara 1~layor Barg, Councilmambers Anderson, Shirley, Rrit$ler and R~epenninq, Also present Hare staff members ~iialka, Ganellie, Harmaning, Gassela, Kerrigan, Schaller and City Attorney Jana Killer. I. CALL TO ORDffit Mayor Barg called the meeting to order at 7:30 p.m. II. CONSffi~'P AGENDA 1. APPROVE OF TSE AUGUST 18, 1992 REGULAR COUNCIL MEETING lriiruias 2. APPROVAL OF DISBURSffi~lENTS, PRR*•TST 893 3. 1KI8~•T•ANEOUS LICENSE APPLICATIONS 4. AP'PRiOiVAL OF Au~ua-r 11, 1992 11h~sFOP l~uHursS 5. ANARD BID SIDEI~ALK REPAIRS (Rpt. 92-179) 6. APPROVE 3.2 BEER LICffi~SE - HOPICINB JAYCEE - H~TTAGE FEr~iivl~L 7. SST A PUBLIC BEARING FOR TIF DISTRICT 2 - 6 (Rpt. 92-174) 8. APPROVE TRANSFffit OF criirr~SHIP NAR~C 8. ~c~risS PROPERTY (Rpt. 92-178) Councilmembar Anderson moved and Councilmembar Shirley seconded the motion to aY~~ve the consent agenda. A poll of the vote Nas as follo~rs: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmembar Rritzlar, Aye; Councilmember Redapennfnq, Aye; Mayor Berg, Aye. The motion carried unanimously. III. PUBLIC HEARING (a) CONSIDER ACTION - CHARTffit (Rpt. 92-714) Staff reco®mandad that the Council approve the follominq motion: Approve Ordinance No. 92-714 for first reading. This action sill continua the process of amending the City Charter. The Charter amendments have bean published in in the official na~rspaper. A public ~-#rinq is Haar required. if the Council approves this ordinance for first reading, second reading Mould ba scheduled for September 15, 1992. s September i, 199Z Page z Mayor Berg opened the public hearing at 7:37 p.m. Ur-ring no coemants Councilmambar Redepenni moved and Councilmembar I~itsler seconded the motion tlgo close the public herring at 7:38 p.m. A poll of the vote vas as follows: Councilme•~r Anderson, Ays; Councilmember Shirley, Aya; Councilmamber Rritslar, Aye; Councilmembar Radepanninq, Aye; Mayor Barg, Aye. The motion carried unanimously. Cauncil~embar Rritsler moved and Councilmambar Radepetuifnq seconded the motion to approve for first reading Ordinance No. 9Z-714. A poll of the vote vas as follows: Councilmambar Anderson, Aya; Councilmambar Shirley, Aye; Councilmaebar ~ftsler, Aye; Councilmember Radapenninq, Aye; Mayor Berg, Aye. The motion carried unanimously. (b) CONSIDffit ACTION - 1993 - 1997 CIP (Rpt. 93-177) Staff racaemended the City Councfl conduct the public ~~~rinq on the 1993-1997 C.I.P. and schedule further raviaN of the C.i.P. at the City Council's 9-8-9Z vorksession. A~~ ~.-al of this motion will alloy the review and adoption process to continue on the Capital Iaprovemant plan. Tam Harmeninq gave an overview of the Capital Improvement Plan for 1993 - 1997. lriaayor Berg opened the public hearing at 7:57 p.m. Councilmember Redapenninq moved and COUnci7~~.t~r Anderson seconded the motion to close the public ha~ring at 8:00 p.m. A poll of tha vote vas as folla:rs: Councilmesbar Anderson, Aye; Councilmaamibsr Shirley, Aye; Councilmamber l~itslar, Aye; Councilmamber Radapannfng, Aye; Mayor Berg, Aye. The motion carried unanimously. 18r. Kfalka said that anyone interested in reading the report, that it is available at City Hall. IV. NE~i BUSINESS (a) CONSIDffit ACTION -SIGN VARIANCE 917 NAINSTREET (Rpt. 9a-180) -- sapte~mbar i, i992 Page 3 Staff raco~aendad the follo~rinq motion: Move to a~~~t'~~-e Resolution No. 92-74A denying a sign variance at 917 l~iainstreet. The proposed sign does not meat the sias, haight or projection requirements of the Soninq Ordinance. The 8oninq and Planning co®ission raca~andad a~~•uval of the sign variance. Jim Rarrfgan gave a summary of the requested variance. Jean Mason appeared before Council. She stated that she had redesigned the building rith the idea of having 3 or 4 tenants. She stated that the area for signs fs not large enough to be seen and that the sign needs more exposure. Rayor Barg questioned the variance and said others might ask for a variance. Councilmamber Radepsnni ~,~id that rich the ral]nray creating a mall affect hef is a definite need for a variance. Ha has no problem with a sign but that it should be 10 feat height inst-~~ of B feat 10 in~hp~. After further discussion Councilmsmber Radepanning moved and Councilmamber Rrit$ler seconded the motion to approve Resolution No. 92-748 Frith a 10 foot haight, limiting individual sign spaces to 3 square feat not to exceed a total of la squar feet for the entire sign and that the sign should not project more than 4 feat 6^ frown the baildinq wall. Also, at such times the mansard roof on the property to the east is removed the applicants shall ba brought into conformance rith the ordinance. A poll of the vote Nas as follo~rs: Councilmember Anderson, Aye; Councilmambar Shirley, Aye; Councilmember Rritslar, Aye; Councilmember Radepanninq, Aya; 1Kayor Berg, Aye. The motion carried unanimously. (b) CONSIDER ACTION - SIDS YARD VARIANCE - 253 1~APLE HILL ROAD (Rpt. 92-182) Staff raco~ende~d the follo~rinq motion: Move to a~~~~re Resolution NO. 92-76 denying a side yard variance. Sapta~sber 1, i99a Page 4 Hfchael Have appeared before Council to explain the need for the variance. He said that the present structure is 4 feet 8 ~ ~.~es, and that he rants to extend the building on both sides to enlarge his bedroom. He said that the present addition has bean there since ha bought the house in 1951 and that it ras a part of the house and not an addition. Don Roasnar, 618 Park Valley Drive, stated that small lots should ba judged individually. After further discussion Cauncilmambar Anderson moved and Councilmarabar Redepeiuiinq =~~ndad the motion to adopt Resolution No. 9a-76A a~~tovinq the variance. A poll of the vote ras as follo~rs: Councilmaaebar Anderson, Aye; Councilmembar Shirley, Nay; Councilmaa~bar l~it$lar, Aye; Councilmember Redepenninq, Aya; Mayor Barg, Nay. The motion carried. (c) CONSIDB'R ACTION NAIVSR OF PMT HIAI~ATBA AND Cl~IyBRIDGS (Rpt. 9a-181) Staff racomendad the follorinq motion: Kave to a~~t~ve Resolution No. 9a-75 aY~s•~~fnq a raiver of plat/registered land survey to divide the ~~~arty at the corner of Hiaratha Avenue and Cambridge Street. Councilmamber Shirley moved and Cauncilmember ~italar seconded the motion to a~P~~~a Resolution No. 9a-75. A poll of the vote Mss as follars: Councilmlmaber Anderson, Ays; Cauncilmembsr Shirley, Aye; Councilmamber Rritaler, Aye; Councilmember Radepenninq, Aye; Mayor Berg, Aye. The motion carried unanimously. (d) CONSIDffit ACTION -PITT ROLF$ c.JH~ITIONAL IISL Pffit~[IT E:.~iaNSION (Rpt.. 9a-185) Staff recoamended the follorinq motion: Kove to aY~uo.Ie to extend 18r. Rolfa~s conditional use permit to construct an office building for one year rith the condition that if the building is not constructed rithin the year or a building permit has not bean obtained the City should require the applicant to reapply for a conditional use permit rhea 1~. Rolfe can construct the bnildinq. lam. Rolfe appeared before Council stating that the sarkat had not been conducive to building and therefore he had - difficulty in obtaining tenants for the building. He also stated that the market is imPz~.ring and he felt that his project could qo forrard in the coming year. - September 1, 1993 Pga 5 Don Roamer, 618 Nest Park Valley Drive stated that the height of the building had bean a negative issue with Park Valley Association and neighbors. After further discussion Councilmembar Anderson moved and Councilmembar Redepenninq ~~s~dad the notion to deny the extension of the COP for one year. A poll of the vote was as follows: Councilmea~ber Anderson, Aye; Councilmembar Shirley, Aye; Cauncilmamber Rrftsler, Aye; Councilmambar Redepanning; Aye, Mayor Barg, Nay. The motion carried. (e) CONSIDER ACTION - PROPOSED 1993 LEVY AND SST BUDGET HEi~RINGS (Rpt. 9Z-185) Staff recoaQanded adoption of the folloovinq motion: Move that Resolution No. 9a-7a ap~•~~inq proposed 199a tax levy collectible in 1993, adoption the preliminary 1993 t~~c~st and setting public ~+~~rinq dates, be adopted. Adoption of this resolution gill enable compliance with the "Truth in Taxation" law enacted by the Minnesota legislature. John Schedler explained that pr~,~ura to the Council and went over the ~~ ~.~~als . After discussion Councilsember Anderson moved and Councilmembar Shirley seconded the motion to adopt Resolution No. 9a-7Z and sat public ~+~~rings dates of December 7, 1993 and December 16, 199a if necessary. A poll of the vote was as follaars: Councilmember Anderson, Ays; Councilmember Shirley, Aya; Councilmember l~it$ler, Aye; Councilmember Redepanninq, Aye; Mayor Barg, Ays. The motion carried unanimously. (f) CONSIDER ACTION - Li~ND USE DESIGNATION (Rpt. 9a-184) Staff raco~omended the adoption of the following action: Move to affirm the Cfty Council action of August 18, 1992 authorising a review of the Comprehensive Plan Land Use Designation for the R. L. Johnson property, located south of the Hennepin County Regional Railroad Authority right of way, and the Pines Mobile Home Park and approval of a process as detailed by staff. Tom $armening went over the staff i~~ tions with the Council with the suggestion that a public ~~E~rinq ba held by the Boning and Planning Commission at a later date. - -.... ~ _ -~,. -- ,,..r,- -_ _ September i, 199a Page 6 Councilmembar Shirley asked !~. Has~maninq Nhat the present Comprehensive Plan designation ~-as on the R. L. Johnson ~ro~..~rty. 18r. Harmaninq eYplainad that at the present time the Comprehensive Plan designated the property as a Business Park. The property is gonad I-i Industrial. Mayor Barg suggested that the Council vote on the staff raco~mmandation or move to reconsider the motion of August i8, i99a. Mayor Berg 'moved to r~onsider the motion of August 18, 1992. The motion to accept Alternative #3 including the Pines and meeting with Zoning and Planning on the fourth Tuesday of tha month. Councilmember Shirley seconded the motion. A poll of the vote Nas as follo~rs: Councilmembar Anderson, Abstain; Councilmember Shirley, Aye; Councilmembar Kritalar did not vote, Councilmember Redapsnninq did not vote, Mayor Barg, Aye. The motion did not carry. Councilmember Shirley moved to accept staff racoa®andation. The motion died for lack of a second. After discussion and Clarification of l~iayor Berq~s motion the Nayor called for a roll call vote on his original motion. A poll of the vote tree as f of logs : Counci l~~~r Anderson, . Nay; Councilmember Shirley, Aye; Councilmambar l~itslar, Aye; Councilmamber Radapanninq, Aye; Nayor Berg, Aye. The motion carried. Nayor Barg called for a vote on the reconsidered motion of August 18, 199x. The motion before the Council Nas to accept Alternative #3 including the Pines and meeting Frith Zoning and Planning on the fourth Tuesday of September. A poll of the vote Mas as follo~rs: Councilmembar Anderson, Aye; Councilmambar Shirley, Nay; Councilmembar ~itslar, Nay; Councilmember Radapanninq, Nay; Nayor Barg, Nay. The motion did not carry. V. PIIBLIC CO1~IIK$NTS/CONc~xNS There mare no public comments. r. ~~ i ~ 'Ir :. September 1, 1992 Page 7 vI. RSPORTS - CO~GII'1-1•JSJSS/CO~II~IISSIOI~B There ~rere no reports.. vII. ADSOVRi~T Councilmember Redepenninq moved and Councila~e®ber Anderson seconded the notion to adjourn. The seating adjourned by unanimous consent. Res tfully submitted, Pat G rne, Deputy City Clerk COUI~CILii!~~ffitS: ~ _;- ~ .. ~ .~ C~~+ ~~ _. U ~~~ _~ ~~~/~~ -,~~ ATT ST: Nilson ~. Berg, Rayor ='