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AgendaHOPKINS CITY COUNCIL FINAL AGENDA October 6, 1998 7:30 p.m. Schedule: 6:30 p.m. — HRA Meeting 7:30 p.m. — City Council meeting 1. CALL TO ORDER II. OPEN AGENDA - PUBLIC COMMENTS (Public must fill out a Speaker Request Form. Three minute limit for each person) BUSINESS AGENDA 111. CONSENT AGENDA Vote: Maxwell Jensen Hesch Johnson Redepenning 1. September 15, 1998 regular City Council meeting minutes 2. Disbursements, Prelist 1047 3. Miscellaneous license agreements 4. Approve appointment to Park Board (Memo) 5. Approve traffic signal maintenance agreement, Hennepin County (CR98 -166) 6. Participation in Livable Communities Act program (CR98 -164) 7. Approve Southwest Regional Trail winter activities (CR98 -152) 8. Approve appointment of election judges, general election (CR98 -163) 9. Phase 11 transit study (Memo) IV. PRESENTATION 1. Proclaim November 15 America Recycles Day in Hopkins (Memo) — Max - Macintosh 2. Presentation, 1998 Hopkins Community Image Awards (Memo) - Elverum V . PUBLIC HEARING 1. Establish TIF District 2 -11, SuperValu project (CR98 -151) - Kerrigan Vote: Maxwell Jensen Hesch Johnson Redepenning 2. Establish TIF District 2 - 10, HBC (CR98 - 154) - Hartshorn Vote: Maxwell Jensen Hesch Johnson Redepenning 3. Adopt assessment roll, 1998 miscellaneous special assessments (CR98 -165) - Gessele Vote: Maxwell Jensen Hesch Johnson Redepenning QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE - 939 -1421 (The Razzle Line is the City of Hopkins voice message system) VI. OLD BUSINESS 1. Approve SuperValu redevelopment project CUP agreement (CR98 -099) - Kerrigan Vote: Maxwell Jensen Hesch Johnson Redepenning VII. NEW BUSINESS 1. Consider amendment of CUP, SuperValu project (CR98 -156) - N. Anderson Vote: Maxwell Jensen Hesch Johnson Redepenning 2. Consider preliminary /final plat, SuperValu project (CR98 - 157) N. Anderson Vote: Maxwell Jensen Hesch Johnson Redepenning 3. Consider CUP, SuperValu project (CR98 - 158) — N. Anderson Vote: Maxwell Jensen Hesch Johnson Redepenning 4. Consider CUP, Stiele and Bakken /Beard Group (CR98 - 159) — N. Anderson Vote: Maxwell Jensen Hesch Johnson Redepenning 5. Consider waiver of plat, Stiele and Bakken /Beard Group (CR98 -160) - N. Anderson Vote: Maxwell Jensen Hesch Johnson Redepenning 6. Consider CUP for signage, Meadow Creek (CR98 - 161) — N. Anderson Vote: Maxwell Jensen Hesch Johnson Redepenning 7. Consider variance in garage height (CR98 - 155) — N. Anderson Vote: Maxwell Jensen Hesch Johnson Redepenning 8. Consider Increase in towing company charges (CR98 - 153) - Alex Vote: Maxwell Jensen Hesch Johnson Redepenning 9. Consider staffing plan for HCA and Hopkins pavilion (CR98 - 162) - Strachota Vote: Maxwell Jensen Hesch Johnson Redepenning VIII. REPORTS - COMMITTEES /COMMISSIONS IX. ADJOURNMENT A regular meeting of the Hopkins City Council was held on September 15, 1998, in the Council Chambers of the Hopkins City Hall. Present were Mayor Redepenning and Council Members Maxwell, Jensen, Hesch, and Johnson. Also present were staff members Mielke, Genellie, Stadler, Kerrigan, Gessele, and City Attorney Jerre Miller. 1. CALL TO ORDER Mayor Redepenning called the meeting to order at 8:00 p.m. 11. OPEN AGENDA PUBLIC COMMENTS AND CONCERNS Don Roesner 618, Park Valley Dr West, commented on the signage on 11t and 5 Avenues and Excelsior Boulevard. III. CONSENT AGENDA 1. September 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 Hesch, 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 11 will be $81,854 with $40,000 coming from Metropolitan Council Environmental Services in the form of a loan grant. A discussion followed. September 15, 1998 City Council Meeting Minutes Page 1 Council Member Maxwell moved and Council Member Johnson seconded a motion to authorize the Mayor and City Manager to enter into an agreement 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 were 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. Bames, the neighbor, appeared to support the variance. Mayor Redepenning 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 -54, 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; 3) 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 September 15, 1998 City Council Meeting Minutes Page 2 • Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, 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 Jensen, 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 Foertsch, RCM Associates. Mr. Stadler and Mr. Foertsch reviewed the feasibility study saying that review of elevations showed that the 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 2nd St S to lower the south end of the alley allowing the ponding area to drain. Mr. Stadler said this would be a 1999 project. Two residents 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 8t and 9 Avenues North and 2 " and 3r 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 Redepenning, 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 7th. 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 Redepenning, aye. The motion carried unanimously. September 15, 1998 City Council Meeting Minutes Page 3 VI. REPORTS - COMMITTEES /COMMISSIONS Council Member Johnson said the Chemical Health Commission discussed putting together packets for liquor establishments, dealing with fake 1 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, Terry Obermaier, City Clerk ATTEST: Charles D. Redepenning, Mayor COUNCIL MEMBERS September 15, 1998 City Council Meeting Minutes Page 4 City Council License Report License # Corperate Name DBA Hopkins Location License Type 98168 Spartan Taxi Spartan Taxi City of Hopkins Taxi Cab cirsday, October 01, • 1998 Page 1 of 1