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05-04-99A regular meeting of the Hopkins City Council was held on May 4, 1999, in the Council Chambers of the Hopkins City Hall. Present wero Mayor Redepenning and Council Members Maxwell, Jensen, Hesch, and Johnson. Also present were staff members Mielke, Genellie, Stadler, Kerrigan, And rson, Gessele, and City Attorney Jerro Miller. I. CALL TO ORDER Mayor Redepenning called the meeting to order at 7:48 p.m. il. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Cecil Kloss and several other reaidsnts of the Gables, 32 - 11 ~' Ave S, appeared to submit a petition stating their opposition to the possible vacation of 13~' Ave S. Concerns about the parking and traffic on 12~' Ave S wero also discussed. Mayor Redepenning said that Council couldn't comment on the questions because no afire ments have been proposed to vacate 12~' Ave S at this tims.• III. CONSENT AGENDA 1. April 20, 1999, Regular City Council Meeting Minute: 2. April 13, 1999, Work Session Meeting Minutes 3. Ratification of Prior Month's Disbursements 4. Approve Engineering Services Agreement, Laks Street Bridge Replacement ICR83-079) 5. Order Assessment Hearing, 1999 Street Improvements (Memo) 6. Subordination Agreement, Interim Financing Westbrooke Patio Homes Phase II (CR99-079) 7. Approve Resolution, Logis Healthcare (CR99-078) 8. Approve Final Payment Storm Sewer Project 97-15 (CR99-082) Council Member Maxwell asked if there are any funds available from the Minnehaha Creek Watershed District for the bridge replacement, item 4. Mr. Stadler said that the funding was coming from the State, and that he did not know if anything was available from the Watershed district, but he will check. Council Member Jansen moved and Council Member Hesch 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. Maly 4, 1999 Regular City Council M ednp Minut • Paps 1 Mayor Redepenning changed the order of the agenda and called for Committee Reports. IV. COMMITTEE REPORTS Council Member Johnson said that the Chemical Health Commission met and discussed the recently held town meeting. Approximately 350 people attended the meeting. Ms. Johnson thanked those who contributed to the success of the meeting. The Chemical Health Commission will follow up the town meeting with a question and answer session to be held at Eisenhower School from 7:00 to 8:30 p.m. on May 18tH V. NEW BUSINESS 1. Sign Variance, Hopkins Bowl (CR99-0$0) Nancy Anderson said that the applicant, Hopkins Family Bowling Center, has a sign located along Shady Oak Road. It is in the shape of a bowling pin. It is approximately 200 square feet per side and 42 feet high. It must be moved because of the reconstruction of Excelsior Boulevard and will loose its grandfather status. The zoning ordinance requires a maximum size of 80 square feet and a maximum height of 35 feet. A variance is required to relocate the sign. The Zoning and Planning Commission recommended granting the variance. Staff recommended denial of the variance because of lack of hardship. Council discussed the loss of the sign through a government taking and the fact that the removal of the sign was outside the owner's control. ' Mayor Redepenning said that if the non-conformance is allowed for one, the standards should be set to allow it for all. Mr. Mielke said that the issue is that the sign is not in conformance. It should be replaced with a conforming sign. There are two issues to look at, one would be to change the sign ordinance to make this a conforming sign or change the non- conforming use ordinance after analyzing whether or not there are circumstances upon which we choose not to enforce the non conformance rule. A discussion of the new location of the sign followed. The applicant's attorney, Lawrence Marofsky was present to speak for the applicant. Council Member Hesch moved and Council Member Johnson seconded a motion to approve Resolution 99-0336, approving the variance and direct staff to recommend language changing either the sign ordinance or the non conforming use ordinance that May 4, 1999 Regular City Council Meeting Minutes Page 2 would eliminate the need for a variance when the situation that removes the non conforming use is not in the control of the owner; also, direct staff to review the portion of the sign ordinance that deal with the esthetic standards. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Counci! Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 2. Concept Review Residential Project, Beard Group, Alliant Tech Property CR99-081) Nancy Anderson said that The Beard Group is proposing 63 Single Family units for the old Alliant Tech parking lot. At the Zoning and Planning meeting, some Commissioners stated that the development was too dense and that the garage doors were too prominent. Council Member Hesch said that one Commissioner called her with a concern that there are no sidewalks or areas designated for children to play. Bill Beard and Paul Gamst, Beard Group, reviewed the history of ideas that have been talked about for this property. Wayne Soojian, Ryland Homes, presented the proposed project. Mr. Soojian said that the development would have a homeowners association and that the green spaces were set up for play areas in back yards instead of front yards and streets. Council discussed the density, the garage doors, size of the lots, streets, and play areas. Mayor Redepenning said he would like to see lots of varying sizes and houses that have differences. Mr. Redepenning said he would prefer more variety. John Quinn, a Hopkins resident, asked how wide the roads would be. Mr. Soojian explained that the roads would be private and not be required to be as wide as City streets. Mr. Stadler said that utilities would not be a problem in this area. No Action was taken. 3. Consider New Metro Transit Bus Route (CR99-085) Jim Gessele said that the Metro Transit requested the addition of a new route from the Lincoln exit to 2"d Ave S to 3'd St. S to 5th Ave S to Excelsior Boulevard. The bus would run two times a day at 5:50 A.M. and at 2:08 P.M. The neighborhood was notified and invited to the Council Meeting. No comments were received from the public. Council Members questioned the location of the stops. Mr. Gessele said that he did not know that. Council also asked if they give their approval, could they at some May 4, 1999 Regular City Council Meeting Minutes Page 3 future date, remove the service. Staff answered that the City has authority in that area. Council Member Johnson moved and Council Member Hesch seconded a motion to approve Metro Transit°s request for an additional bus service route along 2"d Ave S, with asix-month review of the service. 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. 4. Approve Stop Sign, 7th Ave S, 2nd St S (CR99-084) Jim Gessele said that in advance of approval for the Nine-Mile Cove development, staff requested the developer to do a traffic study with a view to identifying impacts on the surrounding neighborhood. The consulting engineer found the three-leg intersection at 2"d Ave/7"' St off the 169 Lincoln Dr exit unusual. There are two stop signs. Southbound traffic does not stop. The consulting engineer pointed out that this is confusing and poses an increased risk of a hazard with more residents moving into the Nine-Mile Cove development. Counci( Member Jensen moved and Council Member Johnson seconded a motion to approve athree-way stop intersection at 7th Street South/2"d Avenue South immediately west of the Lincoln Drive exit off T.H. 169 and directed staff to notify the residents and businesses in the area of the change. 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. Mayor Redepenning asked the Council to discuss Mike Tait's request for parking changes. Mr. Tait requested more 90-minute spaces in lot 500. Mr. Mielke said that the Parking Committee should review the request prior to Council acting on it, but he would like to have permission from the Council to act on the Parking Committee's recommendation. Mr. Mielke stated that the Committee will be meeting tomorrow and will be discussing the administration of the current parking spaces and could look at this item then. Council Member Maxwell moved and Council Member Johnson seconded a motion to authorize the Parking Committee to open up more parking spaces to 90 minute spaces in parking lot 500A if there are eight or more committee members present. 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. May 4, 1999 Regular City Council Meeting Minutes Page 4 John Quinn, a Hopkins resident, came forward to voice a concern that by using the Shady Oak Beach parking lot to store snow; the lake would be polluted when the snow melts off. Mr. Stadler stated emphatically that there has been no pollution from snow that has been stored at Shady Oak Beach. VI. 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 10:00 p.m. Respectively Sub er'ry Oj~maie~, City Clerk COUNCIL MEMBERS • • A Charles D. Redepenning, May 4, 1999 Regular City Council Meeting Minutes Page 5