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03-04-97A regular meeting of the Hopkins City Counal was held on March 4, 1997 in the Council Chambers of Hopkins City hall. Present were Mayor Redepenning and •Council Members Maxwell, Hesch, Johnson, and Jensen. Also present were staff members Mielke, Genellie, Stadler, Gessele, Kerrigan, Anderson, Lansing and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Redepenning called the meeting to order at 7:30 p.m. II. CONSENT AGENDA 1. February 18, 1997 regular meeting minutes • 2. Disbursements, Prelist 1009 3. Approve Municipal State Aid street designation report (CR97-34) 4. Bid award, taw-behind stump cutter (CR97-30) 5. Approve petition, fire protection system, 10880 Excelsior Boulevard (CR97-36) Steve Mielke asked that Council direct staff to draft a resolution stating that no tax dollars will be used for construction of the Hopkins Center for the Arts. Mr. Mielke asked that this directive from the Council be placed on the Consent Agenda as item six. Council Member Hesch moved and Council Member Jensen seconded a motion to approve the Consent Agenda as amended. A poll of the vale was as follows: Council Member Maxwell, Aye; Council Member Jensen, Aye; Council Member Hesch, Aye; Council Member Johnson, Aye; Mayor Redepenning, Aye. The motion was carried unanimously. III. OPEN AGENDA -PUBLIC COMMENTS/CONCERNS Don Roesner, 618 Park Valley Drive West, thanked the council for adopting a formal resolution stating that tax dollars would not be used for financing the construction of the Arts Center. He further stated that the petition drive would be halted. V. OLD BUSINESS 1. Designation of action, 17th Avenue North on-street parking (CR97~1) Steve Stadler told Counal that after receiving a petition from -residents on 17th Avenue • ~ North last June, staff was directed to request a variance from MNDOT to allow parking on both sides of 17th Avenue North. Staff received that approval in December 1996 and was directed by Council to contact residents on both sides of the street for further ~ input. Mr. Stadler said that few people attended the information meeting'for input and that.through a telephone survey he found that some who originally signed the petition changed their minds. He explained various safety issues that would recommend no change to parking. Council Member Hesch moved and Council Member Maxwell seconded a motion to order no change to current parking restrictions on 17th Avenue North. A poll aF the vote was as follows: Council Member Maxwell, Aye; Council Member Jensen, Nay; Council Member Hesch, Aye; Counal~Member Johnson, Aye; Mayor Redepenning, Aye. The motion was carried. VI. NEW BUSINESS 1. CUP Semper Development (V11algreensJWhite Castle) CR97-27) Nancy Anderson told Council that Semper Development, LTD., is proposing to raze the existing White~Castle restaurant and construct a new Walgreens and White Castle on the southwest comer of Blake Road and State Highway 7. The Zoning and Planning Commission recommended approval at their February 25, 1997 meeting. The location is zoned for this use and complies with the comprehensive plan. The plan was reviewed by the Engineering Department and the Fire Marshal and was found acceptable. The approval was contingent on Minnehaha Watershed District approval. Craig Christensen of Semper Development presented the site plan and elevations of the buildings. Council discussed the project. Council Member Hesch moved and Council Member Johnson seconded a motion to adopt Resolution 97-14, approving a conditional use permit to construct a Walgreens and White Castle on the southwest comer of Blake Road and State Highway 7. 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 was carried unanimously. ~ ~- 2. CUP Nolan Development (Raspberry Woods) (CR97-26) Nancy Anderson said that Stuart Nolan is proposing to construct 64 townhomes on the site just north of St. Therese on Feltl Court. The proposal provides for 32 one-bedroom and 32 two-bedroom townhomes. They will be .rental properties and will not have basements. Zoning and Planning recommended approval at the February 25, 1997 meeting. Engineering has reviewed the plans. Approval will be contingent on the Minnehaha Watershed District approval and there is a possibility that the final plan will be changed somewhat by them. ff there are changes made by them, Zoning and Planning will review the final plans. The Fire Marshal has requested modifications of the plans. The use is in compliance with the Zoning Ordinances and the Comprehensive Pian. Stuart Nolan of Nolan Development presented the site plan and elevations of the buildings. Council Members discussed the plans. Council Member Johnson moved and Council Member Maxwell seconded a motion to adopt Resolution 97-13, approving a conditional use permit to construct 64 townhomes on the vacant site north of St. Therese with the added condition that the easement for a control area around the property be vacated. 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 was carried unanimously. 3. Discussion, concept review, Kakach development, Eighth and Mainstreet (CR97-29) Nancy Anderson told the Council that Roman Roos is proposing to develop the property on the northeast comer of Mainstreet and 8th Avenue. The proposed development will include three vacant lots and 715 and 717 Mainstreet. The three vacant lots and 717 Mainstreet are owned by the Hopkins HRA. The developer is asking for concept review and requires no action. The concept provides a larger shoe for Glenrose Floral and for two additional retailers. The concept is in compliance with Zoning Ordinances and the Comprehensive Plan and meets the goals of the Strategic Plan. and Zoning and Planning Commissioners approved the'ooncept. Roman Roos presented a preliminary site plan and design elements of the project. Council encouraged the project. 4. First reading, approve miscellaneous Zoning Ordinance revisions (CR97-28) Nancy Anderson said that the various changes are housekeeping changes that have been made to ~ oomec~ inconsistencies or. problems staff has identified. The majority of the amendments pertain to changing the zoning ordinance to comply with the so-day rule enacted by the Legislature. The Zoning and Planning Commission recommended approval pit their February 25, 1997 meeting Council Member Hesch moved and Council Member Jensen seconded a motion to adopt resolution 97-15, approving Ordinance 97-797, making various zoning and city code amendments for first reading. 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 was carried unanimously. 5. Approve final plans, reconstruction of Excelsior Boulevard (CR97-35) Steve Stadler told Council that in September, 1995, they reviewed and approved preliminary reconstruction plans for Excelsior Boulevard from Shady Oak Road to 11 th Avenue South. Design work has been completed and the City of Hopkins must approve the final plans before Hennepin County can approve the project for bidding. Mr. Stadler reviewed the final plans and answered questions. Council Member Maxwell moved and Council Member Jensen seconded a motion to adopt resolution 97-19, approving County State Aid Highway 3 (Excelsior Boulevani) reconstruction final plans, Shady Oak Road to 11th Avenue South, Henepin County Project 9224. A poll of the vote was as follows: Council Member Maxwwell, Aye; Council Member Jensen, Aye; Council Member Hesch, Aye; Council Member Johnson, Aye; Mayor Redepenning, Aye. The motion was carried unanimously. 6. Approve plans order bids,11 th Avenue South improvement project (CR97~2) Steve Stadler said that a public hearing was conducted at the regular City Council meeting on January 7, 1997 regarding the improvements to 1~1 th Avenue South. At that time Council authorized the preparation of plans and specifications. Staff now asks for authorization to bid the project. Council Member Jensen moved and Council Member Johnson seconded a motion to adopt Resolution 97-18, approving plans and specifications, 11th Avenue South Improvements, Project 96-16 and authorize bids. 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 was carried unanimously. 7. Accept feasibility report, order public hearing for April 1, 1997 alley reconstruction (CR97~7) Jim Gessele reported that on February 4, 1997, Council authorized staff to undertake a feasibility study on the reconstn~ction of portions of the 'T' alleys between Mainstreet and 1st Avenue North and 17th and 21st Avenues North. Four neighborhood meetings were held and were poorly attended. Staff requested approval of the feasibility study and asked that a public hearing for the assessment of costs be ordered. Mr. Gessele presented the costs and told Council haw issues had been resolved. Council Member Johnson moved and Council Member Hesch seconded a motion to adopt Resolution 97-19, ordering public hearing, Alley Reconstruction, Project 97-02. 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 was carried unanimously. 8. First reading, consider public utilities ordinance revision (CR97~3) Mike Causing e~lained to the Council that' reading meters has become increasingly difficult where the meters are either inacvessible or the outside remotes are buried under snow. The changes to the ordinance will help Public Works employees work better with the residents to resolve some of these issues. Council Member Jensen moved and Council Member Maxwell seconded a motion to approve for first reading.Ordinance 97-798, an ordinance amending the Public Utilities Oniinance. A poll of the vote was as follows: Council Member Maxwell, Aye; Council Memt~ler Jensen, Aye; Council Member Hesch; Aye; Council Member Johnson, Aye; 'Mayor Redepenning, Aye. The motion was carried unanimously. 9. Liquor violations, Hopkins Liquor (CR97-S8) Steve Mielke told the Council that in November of 1995 and May 1996, the police department found that Hopkins Liquor Store sold alcoholic barerages to minors. Mr. Mielke met with the owner of the liquor store and an agreement was reached that a $500.00 sanction would be imposed for the first offense and that the store would be closed for seven oonsecxative days from March 17 through March 23, 1997 for the second offense. Staff recommended that the funds be dedicated to the Chemical Health Commission for use in programs to prevent use of alcohol by underage individuals. Mr. Mielke also stated that there is currently a case pending in District Court for a third offense which occurred in December 1996, and that the owner is'aware of the possibility that his license can be revoked. Council Member Maxwell moved and Council Member Johnson seconded a motion to accept and approve the conditional admission and waiver of hearing agreement between the City manager and the licensee of Hopkins Liquor Store. 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 was carried unanimously. VII. REPORTS - COMMITTEES/COMMISSIONS Council Member Johnson attended the Chemical Health Commission Meeting and said that "Walk the Talk" night will be April 10, 1997. She said the Commission discussed the direction that was given them at the Joint Meeting with the Council. Council Member Maxwell said he would be meeting with the Harley Hopkins Neighborhood on the March 19,1997. III. ADJOURNMENT There being no further business, Council Member Maxwell moved and Council Member Jensen seconded a motion to adjourn. The meeting was adjourned by unanimous consent at 9:47 p. m. Respectfully Submi , .. ~l ~~/~~ eny O aier, City Clerk COUNCIL MEMBERS ~~~ v ~ - ~• v ~~~; ~ _ ~.%•Yh~~- r _~ 1y~;,,~,~ ~ t ..... ATTEST: ~ ' _~ -~ _ ~~ _ _ _ Charles D. Redepenning, Mayor ,~ ~•