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04-02-02A regular meeting of the Hopkins City Council was held on April 2, 2002, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Johnson, and Rowan. Also, present were staff members Genellie, Stadler, Anderson, Bot, and City Attorney Jerre Miller. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:30 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Stephen Shaw, 301 Monroe Ave N, commented on the 2"d Street NE housing project that the Council will hear later. Mr. Shaw viewed the concept plan at the Zoning and Planning Meeting. Mr. Shaw felt that 2"d Street NE should be improved at the same time that the project is done. He thought that Harrison should be built through, between Tyler Ave and Van Buren. He presented a different layout showing the Carriage Houses at the back side of the development. Stuart Schmerler, 209 Interlachen Rd, raised a concern about a fence that his neighbor has erected at the back of his lot, separating the two lots. The fence is installed in such a way that a berm has been created that diverts water into Mr. Schmerler's yard. Mr. Schmerler has had to pump water the last four days. The natural flow of drainage has been altered. Steve Stadler will contact the neighbor to see if he is aware of how the changes have affected the water flow and ask him to remove part of the bermed area. The situation may be a civil action between the two parties. III. REPORTS -COMMITTEES/COMMISSIONS 1. Chemical Health Commission Maureen Allen, Chair, said that the Commission discussed the Depot Coffee House and will approach Kathleen and Anthony to see how or if they can help. The Depot is working on some grant applications and is also looking at cutting CD's of the bands that are playing at the Depot and selling the CD's as a fundraiser. Anew teen attended the meeting for possible membership. The Commission discussed the Zoning amendment to allow tobacco shops in the B-3 districts. Reduce the Use held athree-hour workshop called "Fish or Cut Bait". People from St. Cloud, Duluth, Minneapolis, and the closer suburbs attended. Hopkins has been referred to as the model for Community activity in preventing Youth use. Attendees were impressed by the community support that the program received in Hopkins. PACT, a positive group of teens is going out to the community with the teen parent panel and discussing the issues of chemical dependency. The Commission is looking at April 2, 2002 City Council Meeting Minutes Page 1 helping the Depot Coffee House and PACT acquire a booth at the Raspberry Festival. At their next meeting, the Commission will review their by-laws. It will give them a clearer picture of the responsibilities of the officers. Ms. Allen announced that she will be leaving the Commission soon. Mayor Maxwell asked that the information on the by-laws be brought to the Council and let the Council know if and/or what kind of training is needed. 2. Zoning and Planning Commission John Szuba, Chair, said that the Zoning and Planning Commission discussed the SuperValu Credit Union drive-thru and commented that it is a good plan. The Commission has concerns about the possibility of cars stacking and going into Stn St N as well as cutting off MGM. They also discussed the Tobacco Shop's request for a zoning amendment and recommended denial. The Interlachen Road variance has been put on hold until the zoning amendments are completed. After the changes that are being proposed, the variance might not be required. The concept review was presented. Concerns that were voiced at the meeting included the density and drainage. Most of the comments were positive. They also discussed the amendments concerning vehicles and recreational items and the joint meeting with the Council. IV. CONSENT AGENDA 1 . Minutes of March 19, 2002 City Council Meeting 2. Minutes of March 26, 2002 City Council Work Session 3. Ratify Prior Month's Reimbursements 4. Order Assessment Hearing, 2001 Street and Utility Improvements (CR2002- 57) 5. Accept Bids, Order Assessment Hearing, 2002 Street Improvement Project (CR2002-56) 6. First Reading of Ordinance Amending Human Rights Ordinance (CR2002- 48) 7. Approve Extension for Nine-Mile Cove Advertising Sign (CR2002-50) Item six was removed from the Consent Agenda and placed as item eight under New Business. Council Member Johnson moved and Council Member Brausen seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. April 2, 2002 City Council Meeting Minutes Page 2 V. PUBLIC HEARING 1. Second Reading of Ordinance 2002-869, Amending Charter (Memo) The ordinance has not changed since the first reading. Mr. Genellie explained that the City Charter requires unanimous approval of all five Council Members. Since Council Member Jensen is absent, Mr. Genellie recommended that the Public Hearing be continued to April 9, 2002 at 6:00 p.m. Mayor Maxwell re-opened the public hearing at 8:00. No one came forward. Council Member Brausen moved and Council Member Rowan seconded a motion to continue the public hearing to April 9, 2002 at 6:00 p.m. The public hearing was continued by unanimous consent. 2. Second Reading of Ordinance 2002-867, Amending Charter (Memo) The ordinance has not changed since the first reading and requires a unanimous vote to pass. Staff recommended that the item be continued to April 9, 2002, when the full Council would be in attendance. Council Member Brausen moved and Council Member Rowan seconded a motion to continue the public hearing to April 9, 2002 at 6:00 p.m. The public hearing was continued by unanimous consent. VI. OLD BUSINESS 1. Second Reading of Ordinance 2002-868, Establishing Police Review Committee (Memo) Jim Genellie explained that the ordinance was done in response to changes effected by ordinances 2002-867 and 2002-869. While the ordinance does not require afive-zero vote the accompanying resolution does. Staff recommended continuing this item to April 9, 2002. Council Member Johnson moved and Council Member Brausen seconded a motion to continue the item to April 9, 2002. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. NEW BUSINESS 1. CUP, SuperValu Credit Union Drive-Thru (CR2002-51) The applicant, SuperValu Employee Credit Union is currently located at the 101 Jefferson Ave site. They are requesting a conditional use permit to operate a drive- April 2, 2002 City Council Meeting Minutes Page 3 thru on the west side of the White Wolf building. The Credit Union will be occupying the north end of the building. The use is in accordance with Zoning ordinances and the Comprehensive Plan. The Zoning and Planning Commission recommended approval. Staff is concerned with the possibility of vehicles stacking. If a fifth vehicle is stacked for the drive-thru window, MGM Liquor will have an access blocked and eastbound traffic on 5t" St N will also be blocked. SuperValu has stated that if this becomes a problem in the future, they could reverse the window and put a tube on the west side of the property to allow stacking towards the south. Rosemarie Kuretich and Nelson Berg represented the Credit Union. The owner of the building, Jeff Hagen was also present. Ms. Kureich stated that the cost of making the change to a pneumatic tube would is nominal. The problem is with the tube in cold weather. Council Member Brausen moved and Council Member Johnson seconded a motion to adopt Resolution 2002-25, approving a conditional use permit to-allow adrive- thru for the SuperValu Employees Credit Union. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Concept Review, Alliant Tech Site, Beard Group (CR2002-53) The applicant, The Beard Group is proposing to construct a residential development, consisting of 28 town homes and 40 single-family homes, on the parking lots of Alliant Tech, north of 2"d St NE. The lots are currently zoned R-1-A, single and two-family high density and R1 C, single-family medium density. Bill Gamst, Beard Group, and Brian Sullivan, RLK, presented the basic concept. Mayor Maxwell asked if the PUD would be just for the homes or if it would include the Alliant Tech Building. Mr. Gamst responded that it would just include the homes, but that part of the development would extend to the Alliant building property to make the homes more marketable. The Council and Developer discussed the association, density, the work needed on 2nd Street NE, landscaping, drainage, front yard setbacks, and continuing Harrison Rd. Mr. Gamst said that they hope to begin the project shortly after mid June. Bob Shaw, 301 Monroe Ave N, voiced a concern that other homeowners from the neighborhood could not rebuild if homes were lost because of lot size being too small. Yet, this development will have smaller lots. Mr. Shaw would like to see the area being developed retain the zoning density that the neighborhood is currently zoned. April 2, 2002 City Council Meeting Minutes Page 4 Bob Healy, 245 Van Buren, said that it will change the look of the neighborhood. The park will no longer be there. Firmus Opitz, 315 Monroe Ave N, is opposed to the density. It will also change the look of the neighborhood. Most of the current homes are one and one half story homes. These homes will be two to two and one half story homes. They will not fit well with the rest of the neighborhood. AI Krattley, 226 Van Buren Ave N, said that Parkside had more land and was granted fewer units. This development will have a higher density than Parkside. Mr. Kattley expressed concerns about the power system in the area and said that the addition of these homes will make outages more frequent. Steve Bot will check with Excel about the power problems in the area. Council Member Rowan asked if there had been any consideration given to doing all single-family homes. Mr. Gamst answered that it is more a matter of location and having the industrial area right across the street that makes the carriage houses marketable. People who are buying single-family homes do not want to be located right across the street from an industrial site. Council Member Johnson said that she would like to see other plans showing less density. Mayor Maxwell asked the Developer to work on the density, hold another neighborhood meeting, and to work with City staff on the on-street parking. Mayor Maxwell said that he would like to see the Developer work with the neighborhood. No action was taken. 3. Zoning Amendment to allow Tobacco Shops in B-3 District (CR2002-52. The applicant, Tarek Wazwaz, is proposing to open a tobacco shop in the shopping center on Shady Oak Road. The area is zoned B-3, General Business. Tobacco shops as a primary use are not allowed in the B-3 Zoning district. They are only allowed in the B-2, Central Business district. There is currently one tobacco shop in the B-2 district. Tobacco products are allowed in the B-3 district as an accessory use. The Chemical Health Commission recommended denial. The Zoning and Planning Commission recommended denial of the amendment. The applicant appeared with his attorney, Ben Schoal. Mr. Schoal said that there is no basis for excluding tobacco as a principal use from the B-3 area. Jerre Miller, City Attorney, answered that when the ordinance was originally written, the reasoning was not capricious; it was to keep businesses in the Central Business district. The reasoning still holds and the question is "Do you want to expand this type of business beyond the B-2 district". Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Resolution 2002-26, denying a zoning amendment to allow tobacco shops April 2, 2002 City Council Meeting Minutes Page 5 as a primary use in the B-3 district as an accessory use. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Johnson, aye; Council Member Rowan, nay; Mayor Maxwell, aye. The motion carried unanimously. 4. Approve Change to Maetzold Field Operating Policy (CR2002-47) The Maetzold Field Operating Policy was created in 1995. It was designed to give direction to the use of and user priority of the new athletic complex. Apart of the policy deals with advertising by the Hopkins Area Little League on Field #1 . The seasonal advertising is restricted to alternating outfield fence sections. The advertising is placed in the spring and removed by August 31St each year. Team sponsorships have exceeded the allotted space on the fence of Field #1 . The Hopkins Area Little League has requested to have the advertising spaces expanded to include the outfield fence of Field #2. Council Member Brausen moved and Council Member Rowan seconded a motion to amend the Maetzold Field Operating Policy to allow advertising on Field #2. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Johnson, aye; Council Member. Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 5. Accept Feasibility Report, Order Public Hearing, 2002 Alley Project (CR2002-55) At the November 8, 2000 meeting, the Hopkins City Council authorized the City Engineer to prepare a feasibility study for alley improvements in the 300 Block between 19th Ave N and Hilltop Park. Two public information meetings have been held with the residents. Staff recommended that eighty percent of the project be assessed. Mr. Bot presented scope of the project. The total estimated cost of the project is $34,749.89. The estimated amount to be assessed is $13,951 .50 with individual assessments at $1,993.07. Part of the alley will be constructed at an 18-foot width. The assessment for that portion will be based on a ten-foot width. Mr. Bot reviewed the schedule. Six of the seven residents have given positive comments for the project. Council Member Brausen moved and Council Member Johnson seconded a motion to adopt Resolution 2002-28, Resolution Accepting Feasibility Report and Ordering Public Improvement Hearing, 2002 Alley Reconstruction Project, City Project 00- 12. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. April 2, 2002 City Council Meeting Minutes Page 6 6. Approve New Precinct Boundary Lines and Polling Places (CR2002-54) State and Federal redistricting is complete. As a result, Hopkins was divided into tow Congressional Districts, three and five. That division requires the City to establish new precinct boundaries. The precincts cannot cross Congressional District lines. The precincts were based on population over the age of eighteen based on census block information. The information was obtained from Hennepin County. Ms. Obermaier explained that changes were made to the map and resolution that were sent out in the packet. There are two areas that will have to be corrected. When re-districting has been completed by all districts, the Secretary of State°s office will make the corrections. This will be sometime in June. Then the boundaries can be completed. Council Member Johnson moved and Council Member Rowan seconded a motion to adopt resolution 2002-27, establishing new precinct boundary lines and polling places. A poll of the vote was as follows: Council Member., Brausen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 7. Approve 2002 Police Officer's Contract The contract calls fora 3.5 percent wage increase effective January 1, 2002. There is an increase of $75.00 per month for health, life, and dental insurance for employees with family insurance and 525.00 per month for employees with single health insurance. The total cost of the contract is approximately what was budgeted. The agreement compares with other contracts for the City. Council Member Rowan moved and Council Member Brausen seconded a motion to approve the 2002 Contract for the Police Officer's Union. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 8. First Reading of Ordinance Amending Human Rights Ordinance (CR2002- 48) The change to Section 340 of the City Code will allow Human Rights Commissioners to serve more than two consecutive terms. The Commission does not have a full roster. If the two who's commissions are to leave now they will be down to five members. Council Members expressed concern that other commissions will want the same rules and what will prevent someone from getting on a commission and not leaving, thereby preventing others who are interested from serving. Mr. Genellie said that the situation is addressed by the ordinance condition that states that a member cannot serve more than two terms if the commission has a full roster during the member's last term. April 2, 2002 City Council Meeting Minutes Page 7 Council Member Brausen moved and Council Member Johnson seconded a motion to approve Ordinance 2002-872 for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. ADJOURNMENT There being no further business, Council Member Johnson moved and Council Member Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 10:35 p.m. Respectively Su erry Of~maier, City Clerk ATTEST: Eug e .Maxwell, Mayor April 2, 2002 City Council Meeting Minutes Page 8