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11-03-99A regular meeting of the Hopkins City Council was held on November 3, 1999, in the Council Chambers of the Hopkins City Hell. Present were Mayor Redepenning and Council Members Maxwell, Jansen, and Johnson. Also present were staff members Mielke, Stsdler, Kerrigan, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Redepenning called the meeting to order at 7:35 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. CANVASS ELECTION RESULTS Mayor Radepenning congratulated the winning candidates and moved to adopt resolution 99-105 declaring the results of the 1999 City General Election. Council Member Maxwell seconded the motion. The motion was approved unanimously. IV. PHOTO CONTEST Bobbie Hartfiel presented the first place winner and runner up awards for the City Photo Contest. Ms. Hartfiel said that three elements are looked at to determine the winner. Those elements are composition, subject matter, and clarity. Twelve entries were received. The first place winner was David Ssppenfiald. Kevin Thomas received Honorable Mention. V. REPORTS -COMMITTEES/COMMISSIONS John Szuba represented the Zoning and Planning Commission. Mr. Szuba said that the Commission discussed three items at their last meeting plus the variance request. Those items were the ordinance amendment to preserve single-family homes, the downtown parking recommendation, and the proposed policy on neighborhood meeting requirements for CUPs and rezoning requests. The Commission decided to go with ordinance amendments on the single-family issues as opposed to a new ordinance. They felt that the regulation has to be balanced between preserving single-family homes without denying growth. VI. CONSENT AGENDA 1. October 19, 1999, Regular City Council Meeting Minutes 2. October 19, 1999 Work Session Meeting Minutes 3. October 26, 1999, Work Session Meeting Minut s 4. Ratification of Prior Month's Disbursements . ~ r .. .F. a, - ~r . ~ ~ 5. Approve Engin Bring S rvices Agr ment, Sanitary Sewer Rehab Project, 3'~ St N (CR99-201) 6. Approve Wine and Strong Beer License, Cafi Mich tangelo, (CR99-200) Council Member Johnson moved and Council Member Maxwell 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 Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. VI1. NEW BUSINESS 1. Variance, Rear Yard Setback, 133 Ashley Road Jim Kerrigan said that Dr. Mark Jensen and Dr. Sue Penniston proposed to construct a porch off the rear of their home at 133 Ashley Rd. The rear yard setback for the zoning district is 35 feet. The porch would encroach by three feet. The Zoning and Planning Commission denied the request for lack of hardship. Mayor Redspenning asked Jerre Miller, City Attorney, if he had reviewed the application. Mr. Miller said that he had and could see no hardship that would meet state statute requirements. Council Member Maxwell moved and Council Member Johnson seconded a motion to adopt Resolution 99-103, denying a rear yard setback variance to construct a porch. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 2. Approve Zoning Ordinance Neighborhood Meeting Policy (CR99-199) Jim Kerrigan said the policy would require a neighborhood meeting when an applicant requests a conditional use permit or a rezoning. The policy provides the format for the meeting and the notification process. Council Member Maxwell asked if a clause could be added that would require notification to the president of the neighborhood association where neighborhoods are organized. Mr. Kerrigan said he would add that to the policy. Council Member Jensen moved and Council Member Johnson seconded a motion to adopt resolution 99-104, approving a legislative policy to require neighborhood meetings for conditional use permit and rezoning applications. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 3. Operations Agreement, Railroad Switch Addition in Hopkins Steve Mielke said that about one month ago, Council approved a request for the City Manager to negotiat an operations agro m nt for a railroad switch on the CP rail line in Hopkins. A noise study indicated that moving the switching op rations to an industrial area in Hopkins would provide a large relief for residents in St. Louis Park. City Attorney, Jer my Steiner, reviewed the agreement and other than language modifications, approv d of it. Mr. Mi tk reviewed the agreement. Council Members discussed portions of the agreement. Lee Koppy of RLK was present to answer questions. Council Member Johnson moved and Council Member Jensen seconded a motion to approve the contractual agreement for purchase of materials and labor for installation of a new crossover and revisions to the Twin Cities and Western Railroad blocking procedures within the cities of Minnetonka, St. Louis Park and Hopkins allowing minor wording changes by the City Attorney that do not change the intent of the agreement. Council authorized the Mayor and City Manager to execute the agreement. A poll of the vote was as follows: Council Member Maxwell, aye; Councii Member Jensen, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. VIII. ADJOURNMENT There being no further business, Council Member Jensen moved and Council Member Maxwell seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:34 p.m. Respectively Subm' ed, ^ w ~ .~~ errs rmaier, City lark COUNCIL MEMBERS ~ _,. ~1 `,, v c~ ~ ~ ~ n ~ ~ ~~ V A EST: '' 1 Charles D. edepenning, labyor G~