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04-03-01A regular meeting of the Hopkins City Council was held on April 3, 2001 in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, and Johnson. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, Yager, Reid, and City Attorney Jerre Miller. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:33 p.m. Mayor Maxwell said that the oath of office would be first Police Chief Reid introduced Stacy Lynn Lakotas to the Council Members. Officer Lakotas swore the oath of office. Officer Lakotas' mother came forward to pin on her badge. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Steven Levy, 145 Van Buren Ave S, came forward. Mr. Levy asked why the U-Haul business is still operating. The neighborhood understood that the Exc Blvd project would condemn the business along with the other business in the project area. All the other businesses are gone, but U-Haul is still there. The neighborhood has had many problems with U-Haul and is anxious to have them removed. Staff and Council Members assured Mr. Levy that the City is working on the item. Mr. Levy was told that the County is the purchaser, and that the City has no control over the process. Mr. Mielke said that he would speak with the police department and have them address some of the problems associated with the business. Someone will get back to Mr. Levy about these issues. III. REPORTS -COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission Jay Thompson said that the Zoning and Planning Commission unanimously approved the plat for Nine Mile Cove at their meeting. They also discussed the ordinance changes relating to the number of cars that can be parked on a property. In answer to questions from Council, Mr. Thompson said that two residents were in attendance and that they were discussing vehicles that were operable and licensed. 2. Chemical Health Commission Maureen Allen said that the Commission held a meeting on Tuesday because they were going to change to Tuesday nights, but it didn't work so they will keep their meeting night on Mondays. There will be a town meeting on May 1St from 6:30 to 9:00. The discussion will be tied to "Reduce the Use". The Commission will host a breakfast for business owners who employ youth on May 10th at 7:30 a.m. They will April 3, 2001 City Council Meeting Minutes Page 1 discuss the laws and rights of employers regarding youth smoking. They will also touch on use of alcohol and drugs by youth. Ms. Allen said that the Commission is three to four members short. IV. CONSENT AGENDA 1. Minutes of March 20, 2001 City Council Meeting 2. Minutes of March 27, 2001 City Council Work Session 3. Ratify Prior Month's Disbursements 4. Final Payment, Mainstreet/17th Avenue Intersection Project (CR2001-40) 5. Approve Jaycees Temporary Beer Permit for Mainstreet Days (CR2001-42) 6. Approve Xcel Energy Street Lighting Contract, Phase II Excelsior Boulevard Improvements (CR2001-45) Council Member Brausen moved and Council Member Jensen seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. V. OATH OF OFFICE See above. VI. NEW BUSINESS 1. Accept Bids, Order Assessment Hearing, Knollwood Pond Improvement Project (CR2001-43) At the March 6th Meeting, the Council held a public hearing, approved the design plans, and ordered bids on this project. Two bids were received. The low bid was submitted was submitted at 578,750.80, 31 % over the engineer's estimate of 560,000. The high bid was 51 15,500, 92% over the estimate. Staff requested a re- bid. Another public hearing would have to be held prior to the re-advertisement. A public meeting was held on March 28th. A letter will be sent to all Knollwood residents informing them of the cancellation of the pending assessment. Before the project is re-advertised, staff will assist the neighborhood and neighborhood association in considering alternative assessment formulas that may be more universally accepted by the residents. Mr. Mielke said that they would have to check the legal status of canceling the project. If the pending assessment is cancelled, it may be that the process has to start from the very beginning and will need to be re- petitioned. The process will be verified with the City Attorney. Council Member Brausen moved and Council Member Johnson seconded a motion to reject the bids received for this project based on the bids exceeding engineer's estimate and city budget. A poll of the vote was as follows: Council Member April 3, 2001 City Council Meeting Minutes Page 2 Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Preliminary/Final Plat -Nine Mile Cove Second Addition (CR2001-41) Jim Kerrigan said that approval was granted in 1997 to construct detached town homes. At that time, 32 lots were platted. The second addition was platted as an out lot. At the final platting of the first addition, 56 units were approved. The first addition is now almost complete and the contractor is ready to construct an additional 24 homes. The Zoning and Planning Commission approved the project. The project meets Zoning ordinance requirements. A park dedication fee of $200 per unit is required. Ron Clark, the developer, answered questions. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Resolution 2001-18, approving apreliminary/final plat for Nine Mile Cove Second Addition. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Approve Design, Order Bids 2001 Street Utility Project, 1 1 t'' Ave S (CR2001-44) Steve Stadler introduced Marcus Thomas, Bolton & Menk, consulting engineers. Mr. Stadler said that a public hearing has been held. The assessment hearing will be held in approximately one year to accommodate those that will be affected by both phase one and phase two of the project on 1 1 th Ave S. Mr. Stadler reviewed the location of the project. Marcus Thomas reviewed the scope and plans of the project. The bid opening will occur on May 2"d; the project will start the beginning of June and be completed by the end of October. Mr. Stadler said the final cost estimate is very close to the preliminary estimate. Council Member Johnson moved and Council Member Jensen seconded a motion to adopt Resolution 01-19, Resolution Approving Plans and Specifications, 2001 Street and Utility Improvements, Project 00-10 and authorizing bids. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. LMC Insurance Renewal (CR2001-38) Lori Yager said the statutory tort limits continue to be $300,000 per claimant and $1,000,000 per occurrence. Currently the City waives the $300,000 per claimant limit. The Council must make the decision to not waive the tort liability limit. Ms. Yager said that the premium will decrease approximately $40,000 this year. $30,000 of the savings is because the deductible is being increased to 520,000 per occurrence with a maximum of 540,000 per year and 51,000 per occurrence after the maximum is reached. April 3, 2001 City Council Meeting Minutes Page 3 Ms. Yager introduced Carl Bennetson, AJ Gallagher and Associates, insurance agent for the City. Mr. Bennetson answered questions. Council Member Jensen moved and Council Member Johnson seconded a motion to renew the League of Minnesota Cities Insurance Trust policy and continue to waive the statutory tort liability limits to the extent of the coverage purchased. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. ADJOURNMENT There being no further business, Council Member Jensen moved and Council Member Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:55 p.m. Respectively Sub erry~rmaier, City Clerk. ATT-EST: Eug a J. axwell, Mayor April 3, 2001 City Council Meeting Minutes Page 4