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05-07-2019 City Council Meeting HOPKINS 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 Championship 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 VITA. 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 Attorney'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