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08-22-02A regular meeting of the Hopkins City Council was held on August 20, 2002, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, Johnson, and Rowan. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, Bot, Stahmer, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:32 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. PROCLAMATION 1. Arbor Day Mayor Maxwell read a proclamation declaring September 26, 2002, as Arbor Day in Hopkins and the month of September as Arbor Month. 2. Appreciation Day Mayor Maxwell asked Kate Reilly, Editor of Sun Sailor News, to come forward. Mayor Maxwell read a declaration of appreciation for being an honest, unbiased, and friendly reporter during her four years at the Sun Sailor. August 20, 2002, was declared Kate A. Reilly Day in Hopkins. I~/. OATH OF OFFICE Jessica Kemmer took the oath of office of a Chemical Health Commissioner. V. REPORTS -COMMITTEES/COMMISSIONS There were none. VI. CONSENT AGENDA 1. Minutes of August 7, 2002 City Council Meeting 2. Minutes of August 13, 2002 City Council Work Session 3. Approve temporary 3.2 Beer License for St. Joseph's Fall Festival (CR2002-134) 4. Adoption of 2003-2007 ERP (CR2002140) August 20, 2002 City Council Meeting Minutes Page 1 5. Second Reading Comp Plan Change and B-1 Rezoning (Memo) 6. Authorize Final Payment, 2002 Seal Coat Project (CR2002-137) 7. Chemical Health Commission Bylaws Amendment (CR2002-135) 8. Second Reading, Ordinance Amending Section 952, Domestic Animals (CR2002-130) Council Member Johnson corrected the August 7, 2002 City Council Meeting Minutes, stating that Council Member Jensen was not present at the last meeting, but voted on the last item. Council Member Jensen's name should be removed from the vote poll on the last item. Council Member Jensen moved and Council Member Brausen seconded a motion to approve the Consent Agenda as amended. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Rowan, aye; Council IVlember Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. PUBLIC HEARING 1. 2003 Street and Utility Improvements, Project 02-10 (CR2002-136) At the May 21St meeting the City Council ordered a feasibility study on street improvements on 5t" Ave N and 2"d St N. The report was presented and approved on August 7t" and a public hearing was ordered for August 20t". New traffic counts were reported. There was not much change from the previous count done. A memo from Chief Reid dealing with enforcement of the no truck traffic and speeding was included with the report. Marcus Thomas, Bolton and Menk, reviewed the scope of the project. The total cost of the project is estimated to be $1,420,683.00. The project will be funded by the sale of revenue bonds and assessments. Mr. Thomas reviewed the estimated assessments for the various segments. The segment between 3`d St S and St Hwy 7 is currently designated state aid and has been since at least 1987. The main issues at public meetings were the assessments and the truck traffic. State aid would not be allowed with state aid designation. State aid designation will allow the assessment at 50% as opposed to 70%. Residents have requested afour-way stop sign at 2"d St N and 5t" Ave N. Council and staff discussed the landscaping elements. Council Member Johnson asked if staff has researched the possibility using other funding sources. Staff responded that they have looked at TIF and that the railroad August 20, 2002 City Council Meeting Minutes Page 2 crossing would qualify for those funds. However, using TIF funds for this project could have a negative impact on future development of the North Annex. Council Members discussed the improvements to the railroad crossing on 5t" Ave S. Council Member Brausen asked staff to make the new traffic counts available. Staff responded that it would be available by Friday afternoon. Mayor Maxwell opened the public hearing at 8:16 p.m. Corey Lepper, 137-5t" Ave N, where there is a collector street that is used heavily by other residents and businesses, there should be a citywide assessment. Heather Lepper, 137 - 5t" Ave N, presented a petition for afour-way stop at the intersection of 5t" Ave N and 2"d St N. Ms. Lepper said that there is a high volume of fast vehicles. The stop signs would slow them down. Seventy-five of seventy- six people signed the petition. She stated that the police response to the complaints is not acceptable. They will only stop if the speed is ten miles/hour over the limit. Chief Reid said that stopping any car is left to the discretion of the officer. It is difficult to enforce anything under ten miles over the speed limit because judges typically do not want to take court time for that violation. Greg Palm, 407 5t" Ave N, said that speed is a problem on 5t" Ave S. He asked if the plan addresses the utility poles in front of homes on 5t" Ave S. It is one of few areas where they are in front of homes and they look bad. Staff answered that the City can require them to bury the utilities, but the utility companies would charge the cost back to the residents. Staff will research the possibility. Council and staff discussed the possibility of residents to upgrade water lines to their homes during the construction process. Dan Samion, 226 5t" Ave N, questioned the state aid status of 5t" Ave N, how it is determined and when it could_be removed from state aid or re-designated as state aid. Staff answered that it could be done at any time. Mr. Samion asked if the 5t" Ave residents were paying an assessment that would be equivalent to residents on 7t" Ave N. Staff replied, yes. Steven Bot, Assistant City Engineer, explained that the assessment would be based on the normal width and thickness of City Streets. The residents along 5t" Ave N would be assessed as if the street were a normal street. The additional funds required for increased standards would be paid from the General Fund. That is essentially the same as a City wide assessment. August 20, 2002 City Council Meeting Minutes Page 3 Paul Johnson, Zion Lutheran Church, asked if the church is designated commercial. Mayor Maxwell answered that it is not. Commercial, Industrial, and Institutional were lumped into one category, commercial. He stated that the Church is Institutional. Lynn Chase, 148 - 5"' Ave N, asked how many trucks will follow the truck route. Council and staff discussed the truck traffic from SuperValu and other businesses and stated that truck tonnage cannot be limited on a state aid street. Robert Connor, 225 6tn Ave N, asked why he received an assessment notice on 2nd St N. Staff reviewed the assessment policy. Kathy Rolf said that the assessment is a lot of money for a street that is not primarily a neighborhood street. It is beneficial to others as well as the neighborhood. Ms. Rolf commented on the cost of the sidewalk on the east side of 5th Ave N to St Hwy 7 in relationship to the number of people who use it. Fran Hesch, 246 5th Ave N, said that she would discourage pedestrians from using the sidewalk on the east side. Because of the right turn onto St Hwy 7, it is not safe. Council Member Brausen moved and Council Member Johnson seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:47 p.m. Council and staff discussed the sidewalk section, bump-outs at the intersection of 5th and 2nd if a four-way stop is put in, (would the bump-outs be necessary under those circumstances?), the pedestrian crossing at the intersection of 5th and 2nd, and the sidewalk on the north side of the intersection. Council Member Brausen said that he would like to review the assessment policy in the near future. In answer to Council IVlembers questions, staff said that the stop sign will be researched and the results of the research will be incorporated in the final plans. Council Member Jensen said that she would like to see another neighborhood meeting. Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2002-75, Resolution Ordering Improvement After Public Hearing, 2003 Street and Utility Improvements, City Project 02-10, and companion August 20, 2002 City Council Meeting Minutes Page 4 Resolution 2002-74, stating City's intent to sell revenue bonds to fund this project, and authorize the Mayor and City Manager to enter into an agreement with Bolton and Menk, Inc., for engineering services related to the 2003 Street and Utility Improvement Project and directed staff to research and report on the six issues Landscape, crosswalks on 5th and 2"d, sidewalks, utility issues, stop signs, and the railroad crossing) that were discussed. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. NEW BUSINESS 1 . Approve 5th Ave S RR Crossing Improvements Costs Agreement (CR2002-138) The rubberized an asphalt railroad crossing at 5th Ave S has been deteriorating. The City's current CIP identifies this section of 5th Ave S for reconstruction in 2003. While in the planning stages of the current 5th Ave project, staff was contacted by the railroad about needing to close 5th Ave S for a couple of days before November 2002 for maintenance repairs. Staff inquired about the possibility of installing a new concrete crossing at the same time. The City would be required to pay the cost of no more than $150,000. Staff proposed that funding be from the PIR and staff would review the possibility of using TIF funds. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Resolution 2002-77, Resolution Authorizing the Mayor and City Manager to Sign and Execute an Agreement With Canadian Pacific Railroad for the Construction of Permanent Concrete Railroad Crossing on 5th St S at a cost not to exceed S 150,000. A poll of the vote was as follows: Council iVlember Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. First Reading of Ordinance 2002-879, Franchise Ordinance for Reliant Energy Minnegasco (CR2002-127) Reliant Energy Minnegasco holds a nonexclusive franchise to operate and supply gas in Hopkins. The franchise was granted in 1983 and expires on June 30, 2003. This ordinance will allow Reliant Energy Minnegasco to continue operating in Hopkins for another twenty years. In the event of a conflict with the Right-of-Way Management Ordinance, the Right-of Way Management Ordinance will control. The City may at any time by ordinance impose a franchise fee. August 20, 2002 City Council Meeting Minutes Page 5 Connie Hargest, Minnegasco, said that Minnegasco appreciates the work that staff has done on the agreement. Ms. Hargest gave a brief history of the relationship between Minnegasco and the City of Hopkins and answered questions. Council Member Brausen moved and Council Member Jensen seconded a motion to approve Ordinance 2002-879 for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. First Reading Ordinance Amending City Code Section 1 165 -Adult Establishments (CR2002-126) Because of recent case law, the League of Minnesota Cities has recommended that Cities review and update their Adult Establishment ordinances to ensure that they are enforceable. The current ordinance has been reviewed by Jim Thomson of Kennedy and Graven. Recommended changes do not alter the types of establishments or locations. The changes are intended to clarify existing legal language, maintain sufficiently stringent regulations and to ensure that provisions are enforceable. Mayor Maxwell asked if there is a requirement for a background investigation in the ordinance. He would like to see that added. Council Member Rowan questioned the language in Section 1 165.03, Subd 4. Staff responded that a clarification will be obtained from Jim Thomson before the second reading. The Council Members discussed the requirement for a police investigation of an applicant and questioned the appeal process. Staff will bring back information on the investigation process. Council Member Jensen moved and Council Member Brausen seconded a motion to approve Ordinance 2002-878 Amending City Code Section 1 165 Adult Establishments for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, nay; Mayor Maxwell, aye. The motion carried. Mr. Mielke reminded Council Members of the change of times of meetings; the HRA meeting is scheduled to begin at 6:30 on September 3`d and the Work Session on the 10th of September will not start until 8:00 because of the election. August 20, 2002 City Council Meeting Minutes Page 6 IX. A®JOURNMENT' There being no further business, Council Member Rowan moved and Council Member Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 10:05 p.rn. Respectively Subm erry Obptr~ai~"r, City Clerk ATTEST: Euge e J. axwell, Mayor August 20, 2002 City Council Meeting Minutes Page 7 COUNCIL MEMBERS