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06-02-1987JTES OF THE JUNE 2, 1987 COUNCIL MEETING • • A regular meeting of the City Council of the City of Hopkins was held on June 2, 1987 in the Council Chambers of City Hall. Present were Mayor Lavin, Councilmembers: Redepenning, Anderson, Milbert, and Shirley. Also present were City staff: Rapp, Mielke, Kerrigan,G. Anderson and City Attorney Miller. Before the regular Council meeting began, Mayor Lavin presented Councilman Donald Milbert with a Certificate of commendation issued by the League of Minnesota Cities for his many years of service to the municipal government. I. Mayor Lavin called the meeting to order at 7:30 p.m. II. CONSENT AGENDA: 1. 2. 3. 4. 5. Approval Approval Approval Approval Approval III. OLD BUSINESS: of Minutes of May 18 regular meeting. of minutes of May 12 Workshop meeting. of disbursements, prelist #765 of misc. license applications ( #277 - 284) of Hopkins Growers Assn. agreement Mr. Milbert moved and Mr. Anderson seconded the motion to approve the items on the consent agenda as listed. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. a. LICENSE # 275 - WEST SUBURBAN SOFT WATER Mr. Milbert moved and Mr. Anderson seconded the motion to continue this item to June 16 per the applicant's request. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. b. SECOND READING ORDINANCES RE: BOARDS & COMMISSIONS Mr. Redepenning moved and Mr. Anderson seconded the motion to approve Ordinances 87 -576 and 87 -577 for second reading and order published. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. c. SECOND READING OF ELECTRIC FRANCHISE ORDINANCE Mr. Milbert moved and Mr. Redepenning seconded the motion to continue this item to the June 16, 1987 meeting. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. MINUTES OF THE JUNE 2, 1987 COUNCIL MEETING 2 NEW BUSINESS: a. WINE & BEER LICENSE - TU DO CORPORATION Mr. Redepenning moved and Mr. Anderson seconded the motion to approve the license as requested. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. b. CONDITIONAL USE PERMIT - KNOX LUMBER COMPANY The Knox Lumber Company applied for a conditional use permit to construct a warehouse at 250 Fifth Avenue South and to remodel the existing building. Mr. Milbert moved and Mr. Anderson seconded the motion to adopt Resolution 87 -47 making findings of fact and approving the conditional use permit, with conditions that landscaping and screening are provided on the west and south lot lines as acceptable by City staff. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. c. CONDITIONAL USE PERMIT — CONVENIENCE STORE /CAR WASH llth Avenue South and 7th Street An application for a conditional use permit was made to construct a convenience store and car wash at the southwest corner of 7th Street & 22th Avenue South. Mr. Anderson moved and Mr. Milbert seconded the motion to adopt Resolution # 87 -24 making findings of fact and approving the conditional use permit with the condition that the northerly access point be an ingress only. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. d. CONDITIONAL USE •PERMIT - GAS PUMPS - 6TH & MAINSTREET Applicant, Gene Maxwell, applied for a conditional use permit for a motor fuel station at 3 - 5 6th Avenue South. The applicant is proposing to locate two gas islands on the present site of a small shopping area which contains Jim's Liquor, Midnite Market and the Armed Forces recruiting offices. The pumps would be located north of the Midnite Market, an area now used as part of the parking lot. The Council explained to Mr. Maxwell that the City has a policy not to allow 3.2 beer to be sold at a gas station. If the Council allowed the gas pumps to be installed, the Midnite Market could no longer sel 3.2 beer. Mr. Milbert moved and Mr. Redepenning seconded the motion to adopt Resolution 87 -48 making findings of fact and approving the application for a conditional use permit with an added condition that the sale of • • MUTES OF THE JUNE 2, 1987 COUNCIL MEETING 3.2 liquor be ceased as soon as the gas station is open. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. e. CONDITIONAL USE PERMIT 6 FT HIGH FENCE AT 1417 BOYCE STREET. Mr. Jeff Mackenstadt applied for a conditional use permit to build a 6 ft high fence at 1417 Boyce Street along his side yard abutting St. John's Church. Mr. Milbert moved and Mr. Shirley seconded the motion to adopt Resolution 87 -25 making findings of fact and approving the conditional use permit with conditions that the fence be constructed of cedar and not be more than 6 ft high. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. f. CONDITIONAL USE PERMIT - HOPKINS SCHOOL DISTRICT 10' X 6' SIGN The Hopkins School District applied for a conditional use permit to construct a 60 square foot free standing sign at the Eisenhower Community Center. Mr. Milbert moved and Mr. Shirley seconded the motion to adopt Resolution 87 -47 making findings of fact and approving the sign with the condition that no portable signs are used on the Community Center site. A poll of the vote was as follows:- Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. g. VARIANCE REQUEST - MIDWEST AUTO MALLS - Midwest Auto Malls applied for variance to exceed the square footage allowed and maximum sign area. The property has a front lot line on llth Avenue which allows 600 square feet of signage. If County Road 3 was the site's front yard, there would not be a need for a variance for the amount of area they wish for signs. The applicant asked for a variance to 1144 square feet of signage. The applicant also asked for a variance to exceed the maximum square footage of 80 square feet for the signs. Mr. Milbert moved and Mr. Shirley seconded the motion to approve the variances as recommended by the Zoning &Planning Commission. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Nay; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion did not carry. Mr. Shirley moved and Mr. Redepenning seconded the motion to grant the variance allowing a total sign area of 1144 square feet. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Nay; Mr. MINUTES OF THE JUNE 2,1987 COUNCIL MEETING 4 Shirley, Aye; Mr. Anderson, Nay; Mayor Lavin, Aye. The motion carried. This resulted in approval of part of the variance request by allowing the total sign area to be no more than 1144 square feet, but that all individual signs meet the requirement of the sign ordinance. h. CONDITIONAL USE PERMIT - SUPER VALU - ADDITION TO EXISTING FREEZER FACILITY. Super Valu applied for a conditional use permit to add to their existing freezer facility. In order to construct this freezer, existing buildings will be demolished and the new freezer will be added to the west side of the existing freezer. Mr. Shirley moved and Mr. Anderson seconded the motion to adopt Resolution 87 -49 making findings of fact and approving the conditional use permit. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. i. HEIGHT VARIANCE —SUPER VALU In conjunction with the above conditional use permit, Super Valu41/0 requested a height variance for the freezer addition. Mr. Shirley moved and Mr. Anderson seconded the motion to adopt Resolution number 87 -50 making findings of fact and approving the height variance. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. j. VACATION OF ALLEYS IN BLOCK 7 BETWEEN 11TH AND 12TH AVENUE SOUTH - NORTH OF FIRST STREET SOUTH The Baton Corporation requested vacation of the above alley in order to redevelop the block between llth & 12th Avenue South, south of Suburban Chevrolet. Mr. Anderson moved and Mr. Shirley seconded the motion to approve Ordinance 87 -579 vacating the alley for first reading. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. The second reading of this ordinance will be delayed until the developer starts Phase II. k. CONDITIONAL USE PERMIT - BATON CORPORATION The Baton Corporation applied for a conditional use permit to construct either 48 townhomes or 32 townhomes and 26 condos on the site referred to as the Harriman Block. • • 1 7TES OF THE JUNE 2, 1987 COUNCIL MEETING Mr. Shirley moved and Mr. Anderson seconded the motion to adopt Resolution 87 -53 making findings of fact and approving the conditional use permit. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Nay; Mayor Lavin, Aye. The motion carried. 1. VARIANCES - BATON CORPORATION The Baton Corporation requested the following variances in conjunction with the above conditional use permit. 1. 20' variance of required 30 ' front yard setback 2. 5' variance of required 15' side yard setback 3. 19' variance of required 25' rear yard setback 4. 26' variance of required 36' distance between buildings 5. 25 variance of maximum building coerage of 30% for alternate or 15 %variance of maximum building coverage for 30% for alternate "A" "B" Mr. Anderson moved and Mr. Shirley seconded the motion to adopt resolution 87 -52 making findings of fact and approving the variances, with conditions as noted in the resolution. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Nay; Mayor Lavin, Aye. The motion carried. m. SKATEBOARD ORDINANCE Mr. Milbert moved and Mr. Shirley seconded the motion to approve Ordinance 87 -580 for first reading. Mayor Lavin moved an amendment to the motion and Mr. Redepenning seconded the motion to request an opinion from the City Attorney regarding the applicability of this ordinance to the existing Bellgrove ramp. A poll of the vote on the amendment was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye, Mayor Lavin, Aye. The motion carried unanimously.. A poll of the vote on the motion as amended was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. n. ENGINEERS REPORT - CURBS & WALKS ON CAMBRIDGE As a result of a petition received for a sidewalk on the north side of Cambridge street from Texas Avenue to connect to the walk at Cambridge Towers Apartment and a curb on the south side, the engineer submitted a report to the Council. He recommended to the Council that a public hearing be called for July 21, 1987. Mr. Redepenning moved and Mr. Milbert seconded the motion to accept the Engineers report and call for a public hearing to be on July 21, 1987. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. MINUTES OF THE JUNE 2, 1987 COUNCIL MEETING 6 Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. o. STATE AID STREET VARIANCE - 11TH AVENUE SOUTH Plans for a new railroad bridge and the improvement on llth Avenue South have been completed. Eleventh Avenue South is to be rebuilt from 5th Street South to just south of 6th Street South. The design for the new construction was based on the design standards of a low density arterial street with two lanes of traffic and 2 lanes of parking. This design would require a 48 foot roadway. The actual plans submitted call for a 48 foot roadway with four lanes of traffic and a sidewalk on each side. The plans were presented to the State for review and approval and have been rejected. Their reason for rejection is that the State projects the traffic to be over 10,000 ADT maximum within the 20 year projection time.. That would classify this roadway in the High Density Arterial classification. The design width for this classification is 52 feet with 4 lanes of traffic and with no parking allowed. A resolution was presented to the Council to request a variance from the State Aid Standards. Mr. Milbert moved and Mr. Anderson seconded the motion to adopt Resolution 87 -56 requesting a variance. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. p. ADDING MEMBERS TO CHEMICAL HEALTH COMMISSION A seven member Chemical_ Health Commission was formed in 1987. The Commission requested that they be allowed to expand by two members. Mr. Redepenning moved and Mr. Anderson seconded the motion to allow the Commission to expand and ask the Mayor to appoint two new members. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. q. MAYOR'S APPOINTMENT TO THE PARK BOARD Mayor Lavin appointed Christy Smith to the Park Board to replace Tom Hance and asked for Council approval Mr. Redepenning moved and Mr. Milbert seconded the motion to approve the appointment of Christy Smith to the Park Board. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. • ill TES OF THE JUNE 2, 1987 COUNCIL MEETING 7 r. TWO HOUR PARKING WAIVER - BURSCH'S Bursch's is having a golf tournament on June 16. A new car is being offered for a prize for a hole in one. Mr. Madden requested a waiver of the two hour parking in front of Bursch's to park the car with signs in the windows to advertise the tournament. Mr. Redepenning moved and Mr. Anderson seconded the motion to approve the request. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. REPORTS: Mr. Redepenning reported that the first "Music in the Park" will be on June 18th at 7:30 p.m. ADJOURNMENT: Mr. Redepenning moved and Mr. Shirley seconded the motion to adjourn the meeting. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. Respectfully submitted, Jean Kaeding Secretary ATTEST: Ellen COUNCILMEMBERS: Lavin, Mayor