IV.1. Minutes of the May 7, 2019 City Council Regular Meeting ProceedingsHOPKINS CITY COUNCIL
REGULAR MEETING PROCEEDINGS
MAY 7, 2019
CALL TO ORDER
Pursuant to due call and notice thereof a regular meeting of the Hopkins City Council
was held on Tuesday, May 7, 2019 at 7:03 p.m. at the Hopkins Fire Station, 101 17th
Avenue South, Hopkins.
Mayor Gadd called the meeting to order with Council Members Brausen, Kuznia,
Halverson, Hunke attending. Staff present included City Manager Mornson, City Clerk
Domeier, Director of Planning and Development Elverum, Police Chief Johnson,
Building Official Kearney, Assistant City Manager Lenz, City Planner Lindahl, City
Attorney Riggs, Fire Chief Specken and Public Works Director Stadler.
ADOPT AGENDA
Motion by Brausen. Second by Kuznia.
Motion to Adopt Agenda.
Ayes: Brausen, Kuznia, Gadd, Halverson, Hunke.
Nays: None. Motion carried.
PRESENTATIONS
111.1. Oath of Police Officer — Andrew Leyrer
Police Chief Johnson introduced Police Officer Leyrer. City Clerk Domeier issued the
Oath of Office and Police Officer Leyrer's significant other pinned on his badge. Police
Officer Leyrer thanked the City Council, his co-workers and residents for the opportunity
to serve the citizens of Hopkins. On behalf of the City Council, Mayor Gadd
congratulated and welcomed Officer Leyrer to the City of Hopkins.
111.2. Proclamations for Hopkins Girls and Boys State Basketball Championships
Mayor Gadd recognized the Hopkins Girls and Boys State Basketball Championship
teams for their amazing accomplishments. Mayor Gadd read the proclamations
declaring May 7, 2019 to be Hopkins Girls State Basketball Championship Day and
Hopkins Boys State Basketball Championsliip Day in the City of Hopkins and call upon
everyone in our City to join in the celebration of the team' s great accomplishments.
Coach Novak and Coach Cosgriff presented a game ball to the City of Hopkins.
111.3. Proclamation for Hopkins Girls State Champion Weightlifter
Mayor Gadd read the proclamation declaring May 7, 2019 to be Hopkins Girls State
Weightlifter Championship Day in City of Hopkins and call upon everyone in our City to
join in the celebration of Ruth Freiberg's great accomplishments.
On behalf of the City Council, Mayor Gadd congratulated the athletes on all their
accomplishments.
HOPKINS CITY COUNCIL
REGULAR MEETING PROCEEDINGS
MAY 7, 2019
111.4. Proclamation Declaring May as Dementia Awareness Month
Laura Herman and representatives from the ACT on Alzheimer's initiative discussed the
goals of the program and the services and educational opportunities that are offered.
Ms. Herman commented that May is Dementia Awareness Month and highlighted the
free community events. The ACT on Alzheimer's initiative thanked the City of Hopkins
for their support. Mayor Gadd read a proclamation declaring May, 2019 as Dementia
Awareness Month in the City of Hopkins.
111.5. Update from Commissioner Jan Callison
Hennepin County Commissioner Callison gave an update on Hennepin County
residential property values and gave an overview of priorities including the proposed
tobacco ordinance and improvements in child protection services. Ms. Callison
discussed legislative issues and discussed projects affecting Hopkins including road
projects and the SWLRT construction. Ms. Callison commented that former Mayor Gene
Maxwell has been appointed to the Minnehaha Creek Watershed District board. Mayor
Gadd commented that the city appreciates the strong partnership with Hennepin
County.
111.6. Update from League of Minnesota Cities
Representatives from the League of Minnesota Cities (LMC) discussed the purpose of
the organization to advocate for the City of Hopkins on various levels and thanked the
elected officials for their leadership and for all they do for the community. Mayor Gadd
thanked the LMC.
CONSENT AGENDA
Council Member Hunke commented that there was a typographical error on the number
of bids on Consent Agenda item #9.
Council Member Brausen commented that the effective date of the ordinance on
Consent Agenda item #10 has been moved out to July 1, 2019. Council Member
Brausen asked for clarification of the transit funding. Mayor Gadd discussed the
reasons for the resolution explaining that all cities benefit from local transit and all levels
of government need to work together.
Motion by Brausen. Second by Kuznia.
Motion to Approve the Consent Agenda.
1. Minutes of the April 16, 2019 City Council Regular Meeting Proceedings
2. Minutes of the April 16, 2019 City Council Work Session following Regular
Meeting Proceedings
3. Resolution Requesting Comprehensive Road and Transit Funding
4. Resolution Authorizing Solicitation of Contributions to Fund Events that Foster
Positive Relationships between Law Enforcement and the Community
5. Ratify Checks Issued in April 2019
HOPKINS CITY COUNCIL
REGULAR MEETING PROCEEDINGS
MAY 7, 2019
6. Approval of Use Agreement — The Hopkins Farmers Market
7. Second Reading: Ordinance Amending Section 200.01 of Hopkins City Code
Establishing Salaries of the Mayor and City Council from and after January 1,
2020
8. Approve Assessment of Private Waterline Repairs
9. Accept Bids and Award of Contract — 2019 Mill and Overlay, City Project 2019-04
10.Second Reading: Ordinance Amending Chapter IV of the Hopkins City Code
Pertaining to the Sale of Affordable Rental Housing
Ayes: Brausen, Kuznia, Gadd, Halverson, Hunke.
Nays: None. Motion carried.
NEW BUSINESS
VI1.1. Zoning Code Text Amendment to Allow Licensed Residential Programs for 7
to 10 Persons as a Conditional Use Permit in the R-1-D and R-1-E Districts
City Planner Lindahl summarized the staff report regarding the Zoning Code Text
Amendment. The required public hearing was held at the Planning and Zoning
Commission meeting on April 23. The City Council has reviewed the meeting minutes
and public comments. Four new emails were received and distributed to the City
Council. Mr. Lindahl commented that staff's recommendation is denial of the zoning
code text amendment. Mr. Lindahl explained that staff initiated a code enforcement
process after a routine inspection discovered the facility to be out of compliance,
housing ten residents. State law and zoning standards limit this type of facility to no
more than six residents. Mr. Lindahl gave an overview of the staff findings explaining
that the proposal is inconsistent with the Comprehensive Plan. Mr. Lindahl gave an
overview of the recommended actions and options. Council Member Hunke asked the
length of time the business owner has to become compliant if the text amendment is
denied. Mr. Lindahl explained that the business owner is obligated to give his clients a
30-day notice.
The applicant, Bruce Lawrence, 436 Walnut Lane, Apple Valley came forward to
address the City Council. Mr. Lawrence gave an overview of the business, background
of the property location, zoning violation citation and possible solutions. Mr. Lawrence
discussed the proposed text amendment changes and neighborhood feedback.
Mayor Gadd commented that the City Council has reviewed the comments from the
Planning and Zoning Commission public hearing and gave those in attendance at the
City Council meeting an opportunity for public comment.
Peg Hicks, 815 Park Terrace, asked that the City Council adopt the staff
recommendation and deny the text amendment zoning request. Ms. Hicks commented
that a thorough traffic analysis is needed.
HOPKINS CITY COUNCIL
REGULAR MEETING PROCEEDINGS
MAY 7, 2019
Libby Goldenberg, 210 Cottage Downs, discussed concerns about the zoning violation,
expansion of the business and traffic concerns. Ms. Goldenberg asked that the Council
adopt the staff recommendation and deny the text amendment zoning request.
Arthur Horowitz, 830 Edgemoor Drive, discussed concerns about the zoning code
violation and asked the City Council to deny the application.
Ben Rubin, 115 Cottage Downs, discussed concerns about the business operating in
violation of the code ordinance and discussed proximity and radius limits for group
homes. Mr. Rubin asked that the City Council adopt the staff recommendation.
Siddhartha Chadda, 710 Edgemoor Drive, opposes the text amendment request and
asks that the zoning standards remain at six residents.
Peter Coyle on behalf of John Sheehan, a Knollwood neighborhood resident, asked that
the City Council deny the request on the basis of code violations and in agreement with
the staff interruption of the Comprehensive Plan.
Jonathon Rubenstein, 580 Olinger Blvd, Edina discussed the good quality of senior care
at provided by Grace Homes.
Randy Engel, 810 Valley Way, discussed concerns of safety for the residents, building
codes and parking. Mr. Engel stated that the increase capacity request is unreasonable
and asked that City Council maintain the standards of six residents.
David Folin, 105 Cottage Downs, opposed the text amendment request.
Ronald Ungerman, 715 Valley Way, is in opposition to the proposal.
Trisha Wilson, 820 Edgemoor Drive, discussed concerns of traffic, narcotics, and the
zoning violation. Ms. Wilson opposed the proposal.
Ellen Ziegler, 109 Oakwood Road, discussed concerns of a commercial business in a
residential area.
Susan Reader, 417 Cottage Downs, commented that the standards should remain at six
residents.
There was much Council discussion about the difficult issue, setting a precedence,
zoning standards, inconsistencies with the Comprehensive Plan, preservation of
neighborhoods and impacts to the entire City. General feedback from the City Council
was in support of maintaining a six resident zoning standard. The Council discussed the
need for more discussion at the state level regarding proximity and radius limits. Council
did recognize that there was no dispute with Grace Homes about the quality of care.
Motion by Halverson. Second by Hunke.
HOPKINS CITY COUNCIL
REGULAR MEETING PROCEEDINGS
MAY 7, 2019
Motion to Adopt Resolution 2019-041, denying the zoning code text
Amendment application from Wilshire Properties, LLC to allow Licensed
Residential Programs Serving 7 to 10 Persons as a conditional use in the R-1-D
and R-1-E Districts.
Ayes: Brausen, Kuznia, Gadd, Halverson, Hunke.
Nays: None. Motion carried.
Mayor Gadd thanked the community members for their input and staff was asked to
work with the applicant to bring them into compliance.
ADJOURNMENT
There being no further business to come before the City Council and upon a motion by
Kuznia, second by Halverson, the meeting was unanimously adjourned at 9:08 p.m.
OPEN AGENDA — PUBLIC COMMENTS AND CONCERNS
The City Council. received the following comments or concerns:
Jon Sturgis, 112 Oakwood Road, came forward representing the Interlachen Park
neighborhood discussing concerns regarding the use of the property at 101 Oakwood
Road. Mr. Sturgis discussed concerns of traffic, parking, safety, discrepancies on the
property tax records and the rental license violation. Mr. Sturgis discussed concerns
about the use of the home as short term rental property for men with substance abuse
problems, background checks and high turnover of tenants.
Mayor Gadd commented on the importance of community feedback and that staff is
aware of the situation and working on the code violation. Mr. Lindahl explained that the
code violation has been identified and a letter was sent to the owner.
Maggie Sedoff, 122 Oakwood Road, discussed concerns about misrepresentation on
the rental license application.
City Attorney Riggs commented that the City Attprney's office and City staff are aware
of the issues, pending enforcement action and are doing due diligence. City Manager
Mornson commented that it would be helpful to identify a point person from the
neighborhood to communicate with staff.
Steven Mohabir, 1321 Boyce Street, discussed concerns about misrepresentation by
the owners on the rental license application.
William Sedoff, 122 Oakwood Road, asked that the rental license application be denied.
Jane Pederson, 100 Interlachen Road, discussed concerns about high turnover of
tenants and traffic issues.
HOPKINS CITY COUNCIL
REGULAR MEETING PROCEEDINGS
MAY 7, 2019
Red Pederson, 100 Interlachen Road, discussed concerns about parking and feeling
uncomfortable in their own neighborhood.
Maggie Sedoff, 122 Oakwood Road, asked if a neighborhood petition would be of value.
City Attorney Riggs commented that from a legal perspective, a petition is not
necessary since the neighborhood is well represented and the City Council and staff are
aware of the neighborhood concerns.
John Skahan, 15 Maple Hill, asked if the neighborhood should seek legal
representation. City Attorney Riggs discussed the code enforcement and legal process
and commented that staff are waiting for a response from the property owner.
Mayor Gadd commented that the city staff is looking into the matter and doing due
diligence. The Council is aware of the neighborhood opinion and thanked the
community for their input.
Respectfully Submitted,
Debbie Vold
ATTEST:
Jason Gadd, Mayor Amy Domeier, City Clerk