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07-16-91~~t ' A regular meeting of the Hopkins City Council was held on July 16, 1991 in the City Council Chambers of Hopkins City Hall. Present were Mayor Berg, Councilmembers Anderson, Shirley, Kritzler, and Redepenning. Also present were City staff Mielke, Genellie, Harmening, Gustafson, Gessele, Kerrigan and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Berg called the meeting to order at 7:57 p.m. II. SPECIAL ORDER OF BUSINESS (a) City Clerk Jim Genellie conducted the swearing in of new Commission and Board members. John Hutchison - Zoning and Planning John R. Racek - Zoning and Planning Neal Chapman - Zoning and Planning Paul Ahles - Park Board (b) APPEARANCE ' ~, The newly formed North Hopkins Community of Concerned Citizens appeared before Council to request that the Council - discuss `the proposed grocery store project at the August 6, 1991 Council meeting. Mayor Berg assured them that they would be on the August 6, 1991 agenda. He also suggested they consult with Mr. Mielke and himself prior to the meeting so the proper questions could be addressed. III. CONSENT AGENDA 1. APPROVAL OF THE JULY 2, 1992 REGULAR MEETING MINUTES 2. APPROVAL OF MINUTES OF SPECIAL COUNCIL MEETING JUNE 25, 1991 ` 3. APPROVAL OF DISBURSEMENTS, PRELIST NO. 866 4. APPROVAL OF MISCELLANEOUS LICENSES 5. ADOPT RESOLUTION NO. 91-89 ORDERING PREPARATION OF ASSESSMENT ROLL 1991 6. APPROVE 2ND READING ORDINANCE NO. 91-690 RE: BACKGROUND INVESTIGATION OF APPLICANTS 7. ADOPT RESOLUTION NO. 91-100 TO AMEND AFFIRMATIVE ACTION PROGRAM 8. APPROVE CHANGE ORDER NO.. 4 - LANDFILL PROJECT 9. ADOPT RESOLUTION NO. 91-90 AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE CDBG SUB-RECIPIENT AGREEMENT WITH HENNEPIN COUNTY 10. AUTHORIZE MAYOR AND MANAGER TO EXECUTE CONTRACT WITH SPRINGSTED FOR WESTBROOKE STUDY ~~, July 16, 1991 Page 2 11. SET PUBLIC HEARING FOR AUGUST 6, 1991 - RE: EMERGENCY NUISANCE ABATEMENT - 702 7TH AVE. SOUTH Councilmember Shirley moved and Councilmember Redepenning seconded the motion to approve the Consent Agenda. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. IV. OLD BUSINESS a. CONSIDER ACTION RAMSGATE TOWNHOMES - EAW ;Staff recommended the following motion: Move to adopt Resolution No. 91-91 determining that there are no significant environmental impacts and Environmental Impact Statement is not required to be completed for the Ramsgate Townhomes. Jim Kerrigan explained the results of the EAW and that an E.I.S. is not needed. Larry McNeff , of 413 Hiawatha Avenue, presented a packet to the council from the Minnehaha Oaks Subdivision Association, concerning the reasons why they do not want the proposed project to be built. The primary concern is to save the trees, thereby eliminating the noise pollution caused by increased traffic noises. Mr. McNeff went over seven points in the report. Mr. McNeff, also, showed slides of the proposed site and a short film on the impact of the noise that would be created without the trees to buffer the sound. David Braslow, an environmentalist, appeared and suggested an alternate site might be appropriate. Joey Carlson, of 435 Hiawatha Avenue, addressed the Council stating that the committee had his property appraised and believed that the addition of the townhomes would decrease the value of the residents property by 10%. Mr. Carlson stated that the committee would like to follow up with a more complete appraisal. He also stated that they would like more time to deal with the owner of the property. --- July 16, 1991 Page 3 Neil Heikkila, Attorney, hired by the above group challenged the EAW, stating that noise pollution was not considered on the report and that noise would make a significant impact on the neighborhood. He felt that the trees were downplayed on the report. He requested the approval of the EAW be continued until he had time to go over the report. Archie Carter, Consulting Engineer, informed Council that 38,000 cars use Highway 7 each day and eliminating the trees would raise the noise decibel to an unacceptable level. Arlene Dixon, representing Mark Jones, stated that the she had concerns over the delays.~She said that the delays could affect employees of Mr. Jones. Without the scheduled work employees could lose their jobs. She also stated that the continued delays have an impact on Mr. Jones' business. Councilmember Anderson, stated that he would like to allow the Committee more time. He also said that the trees are a buffer zone. He would like to see a purchase or swap of property made to satisfy all parties. Councilmember Shirley would like to see if the Committee and Mr. Jones could put together a win - win situation. After further discussion Councilmember Anderson moved and Councilmember Kritzler seconded the motion to continue this item until the August 6, 1991 Council meeting allowing time for a noise decibel test. Mr. Jones was also requested to respond on his willingness to swap or sell the property. Mr. Mielke requested that the issue be solved concerning the sanitary sewer system with an easement being obtained. He stated that the problem is extremely important. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. b. CONSIDER ACTION - CONDITIONAL USE PERMIT - TOWNHOME Staff recommended the following motion: Move ,to adopt Resolution No. 91-07 approving the conditional use permit to construct 12 townhomes on the corner of Hiawatha and Cambridge. y July 16, 1991 Page 4 The applicant is proposing to construct 12 rental townhomes on the east side of Ramsgate along Hiawatha Avenue. These townhomes will be two story, three bedrooms with a 2 car tuck-under garage. Access will be from Cambridge. There is no car access from Hiawatha to the townhomes. Councilmember Redepenning moved and Councilmember Shirley seconded the motion to continue this item until the August 6, 1991 Council meeting. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. c. CONSIDER ACTION - PRELIMINARY PLAT - RAMSGATE SECOND ADDITION Staff recommended approval of the following motion: Move to approve Resolution No. 91-08 approving the preliminary plat for Ramsgate Second Addition. Councilmember Redepenning moved and Councilmember Shirley seconded ,the motion to continue this item until the August 6, 1991 Council meeting. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. d. CONSIDER ACTION - COMPREHENSIVE PLAN AMENDIMENT Staff recommended approval of the following motion: Move to approve Resolution No. 91-09 approving a change in the comprehensive plan from high density multiple family to medium density multiple family. The property is currently Zoned R-2, low density. ~Mr. Jones proposed project is allowed in~an R-2 zone. However, the comprehensive plan has designated this site as a high density multiple family while Mr. Jones is seeking a designation of medium density. Councilmember Redepenning moved and Councilmember Shirley seconded the motion to continue this item until the August 6,~ 1991 Council meeting. July 16, 1991 Page 5 A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. e. CONSIDER ACTION - AMEND ZONING TO ALLOW CHURCHES IN INDUSTRIAL ZONE Staff recommended continuing this item to August 6th. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to continue this item until August 6, 1991. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. V. NEW BUSINESS a. Mrs. Smith requested that the next items on the Agenda be taken care of. Her husband had stepped out of the Chambers and he would be returning very shortly. b. CONSIDER ACTION - APPOINTMENTS TO THE JOINT RECREATION BOARD Staff recommended adoption of the following motion: Appoint Paul Ahles as a representative to the Hopkins-Minnetonka Joint Recreation Board, along with the chair and vice chair of the Hopkins Park Board. Councilmember Redepenning moved and Councilmember Shirley seconded the motion to approve the appointment. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. c. APPOINTMENTS Mayor Berg submitted the names of David Day for the Zoning and Planning Commission and Karen Johnson for the Chemical Health Commission. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to accept the appointments July 16, 1991 Page 6 A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. Mr. Mielke requested that some action be taken on the use of the pavilion for the Music in the Park, he was concerned over the $300 cost of the use of the pavilion. He said to waive the fee would be opening the door for every non profit organization in the City He said that the f first concert was rained out but that the Raspberry Festival Organization paid the $300 rental fee. The second one was also rained out and had to be cancelled. The group did not budget for rain outs and did not have the necessary funds to pay the fee. The Olympic Committee will pay for the next concert should they have to move to the Pavilion. Mr. Mielke's concern was over the last two concerts. He requested that the City allocate additional funds to cover this fee up to $600.00. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to allocate the funds to H.C.P. on an as needed basis up to $600.00. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor; Berg, Aye. The motion passed unanimously. At this point Mr. Smith returned. a. CONSIDER ACTION - REAR YARD VARIANCE 212 MEADOWBROOK ROAD Staff recommended the following motion: Move to adopt Resolution No. 91-77 denying the variance for a 30 foot rear yard setback. The applicant, Mr. Smith, currently has an existing 7' x 16' shed attached to the rear of his garage. This shed is currently in disrepair. Mr. Smith wants to construct a new shed in the same location and also enlarge it. The new shed would be approximately 9' x 17'. ~ ~ ~' .. July 16, 1991 Page 7 The existing shed is nonconforming because shed is within the 35 foot rear yard setback as required in the R-1-C district. The proposed shed will have a 30 foot read yard setback. Mr. Smith appeared before Council to request the setback, stating that he would be willing to keep the shed at the present position, but that necessary repairs were needed. After discussion Councilmember Redepenning moved and Councilmember Shirley seconded the motion to adopt Resolution No. 91-77 denying the variance and determined that staff should administer the zoning ordinance in that the shed is part of the garage, therefore repairs are being made on the garage and are allowed by City Code. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. Lee Gustafson brought the Council up to date on the Mainstreet project. 1. He informed the Council that U. S. West is involved in a major construction project and requested that they be allowed to work for two Sunday's beginning at 9:00 a.m. to complete the project so that the Mainstreet reconstruction not be held up. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to allow U. S. West to work two Sunday's beginning ,at 9:00 a.m. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. 2. He also stated that letters would be sent to business people requesting that deliveries in the business district be made in the back of the buildings, rather than on Mainstreet. 3. The signal lights are presently not working and the City has placed 4" way stop signs at major intersections and 2 way stop signs on the other streets. 9 ~. • ~ F ,- July 16, 1991 Page 8 4. The street contractor has requested a construction schedule change. By changing the dates he can complete the project one week early. After discussion Councilmember Redepenning moved and Councilmember Shirley moved to allow the schedule change. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. Mr.~ Gustafson also said that the Council would be receiving a current update on the project every week or two. VI. PUBLIC COMMENTS/CONCERNS There were no public comments. VII. REPORTS - COMMITTEES/COMMISIONS There were no reports. VIII. ADJOURNMENT Councilmember Redepenning moved and Councilmember Shirley seconded the motion to adjourn. The meeting adjourned by unanimous consent. Respectfully submitted, Pat Gis orne, Deputy City Clerk COUNCILMEMBERS: U