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05-21-02A regular meeting of the Hopkins City Council was held on May 21, 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, Anderson, Yager, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:33 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Peter Keller, 200 1 1 th Ave N, appeared before the Council regarding the sidewalk that is proposed for his side of 2nd Street North. He presented the Council with signatures of 19 people who opposed the sidewalk. Mayor Maxwell encouraged him to meet with Steve Stadler. Don Roesner, 618 W. Park Valley Drive, spoke about the new gift and tobacco shop. The store has a temporary sign that says Tobacco and gifts. He wanted to know whether this was appropriate. This issue was referred to the City Council. Tina Jensen, 241 13th Avenue North, read a letter to the Council. The letter concerned a dispute about a Shoestring Players production and whether it violated the lease the Arts Center had with Stages Theatre. She said she understood that a third party would be consulted for an opinion on the legal issues involved. She said she would like to be a party to those discussions. III. REPORTS -COMMITTEES/COMMISSIONS 1 . Park Board Mark Kuhl, Chair of the Park Board, reported that the Board reviewed the Solheim Cup agreement and the plans for improvements in Downtown Park. The Board discussed ideas for a dog park in south Hopkins where dogs could run without leashes. Mr. Kuhl also discussed that he and another Board member are completing their second terms at a point where they are just becoming comfortable with their roles. He mentioned that the Park Board members are also members of the joint recreation committee with Minnetonka and the Minnetonka Park Board members serve for eight years. May 21, 2002 City Council Meeting Minutes Page 1 2. Human Rights Commission Pat Olsen, co-chair of the HRC, gave an update on the Fiesta de Mexico that is occurring on June 1 and the Heritage Celebration scheduled for July 20. She also said that the Commission needs new members. IV. CONSENT AGENDA 1. Minutes of May 7, 2002 City Council meeting 2. Approve design, order bids, 2002 alley projects;(CR2002-81) 3. Approve construction agreement for Co Rd 73/Hwy 7 improvement project; (CR2002-82) 4. Approve final payment for 2001 sealcoat project; (CR2002-84) 5. Approve final payment for 2001 sidewalk project; (CR2002-85) 6. General and liability insurance renewal; (CR2002-64) 7. HCA, Inc. loan approval; (CR2002-89) Regarding item #2, Council Member Rowan said that he did not see a dollar amount for contingency. Steve Bot replied that with smaller projects the City adds the contingency after the bids have come in. Also smaller projects have less chance for unforeseen problems. Regarding item #3, several Council Members said that they noticed a discrepancy between the costs indicated in the report and those that are stated in the agreement. Mr. Stadler replied that the cost estimates in the report were correct. They included additional costs that were not in the agreement. Council Member Rowan had a question concerning Section III of the agreement. It appeared that the Minnetonka engineer can ask for a change and that the City of Hopkins is responsible for the cost of any delay in approving the change. He wondered what would happen if the City of Hopkins did not agree with the change. Mr. Bot said that that result was not the intent of the language in this section and that he would be looking at amending the language. Council Member Rowan 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. May 21, 2002 City Council Meeting Minutes Paget V. OLD BUSINESS 1 . Second reading, vehicle storage ordinance; (CR2002-78) Ms. Anderson said that the only change since the first reading was to add additional language to Section 550.03, Subd. 5 to allow lots that exceed the 30 percent coverage or average width to replace or repair the existing driveway with a new one of the same dimensions. Council Member Rowan said that the ordinance allowed an accessory building and a garage. Could someone have two accessory buildings if they did not have a garage? Ms. Anderson said that was correct. A garage is defined as an accessory building. Mr. Roesner asked if the improved surface for parking must be next to the garage. Ms. Anderson said that this was correct. Council Member Brausen moved and Council Member Johnson seconded a motion to adopt Ordinance 2002-873 making amendments to the zoning ordinance for second reading and order it published. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Second reading, miscellaneous zoning ordinance changes, (CR2002-79) Ms. Anderson said that the ordinance was revised since the first reading. It defined open and closed porches. The Council discussed the porch issue and decided the definitions and the setbacks needed to be reviewed by the Zoning and Planning Commission. Mayor Maxwell moved and Council Member Rowan seconded a motion to adopt Ordinance 2002-874, making amendments to the zoning ordinance, but without sections 515.07 Closed Porch, 515.07 Open Porch and 520.09, for second reading and order it published. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. NEW BUSINESS 1. Approve revised plans Metro Transit Park & Ride; (CR2002-88) Metro Transit began using the existing park-n-ride lot at 8th Avenue South and Excelsior Blvd as a transit hub in April 2001. City Council approved a transit hub construction plan in February 2001 . This construction plan required the use of City and HCRRA property. The original schedule was to use an interim plan until permanent construction was completed in the fall of 2001. However, due to environmental and legal reasons Metropolitan Council wasn't able to secure a lease May 21, 2002 City Council Meeting Minutes Page 3 agreement for the HCRRA property. The construction plan has been modified to eliminate the need for HCRRA property. A lease agreement has been drafted and reviewed by the City Attorney. The lease is a 7-year renewable lease allowing Metropolitan Council use of city property and requiring that the Metropolitan Council maintain the facility. George Serumgard, Metropolitan Transit, and Stuart Krahn, Bonestroo & Associates, presented the new plan to the Council. Council Member Johnson asked whether there would be bike racks at the site. Mr. Serumgard said that Hennepin Parks would be providing bike lockers. Mayor Maxwell asked whether parking could be expanded in the future. He was told that it could be. He also had questions regarding servicing the toilets and security on the site. Mr. Krahn said that the design of the toilets allowed for servicing. Mr. Serumgard said that Transit superintendents and Transit police would provide security. The Hopkins police department will only be involved if a crime occurs at the site. He said that there have been very few incidents at the current site. Council Member Johnson moved and Council Member Jensen seconded a motion to approve revised transit hub/park-n-ride facility plans and authorize the Mayor and City Manager to sign a lease agreement between the City of Hopkins and Metropolitan Council for a transit hub/park-n-ride facility. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Off sale liquor license application for Mac's Liquor Inc. at 8554 Excelsior Boulevard; (CR2002-77) David, Sue, and Carrie McCarville have applied for an off sale liquor license to operate an off sale store at 8554 Excelsior Boulevard. The store will be managed by Carrie. Mayor Maxwell asked if there might be time to notify the Interlachen Park neighborhood about this proposal. Council Members Jensen, Brausen, and Rowan said that they did not think that a liquor store in this location would affect any neighborhood. Council Member Brausen said that he would like to see a discussion in the future concerning the locations of liquor and tobacco stores. Council Member Jensen moved and Council Member Johnson seconded a motion to approve an off sale liquor license for Mac's Liquor, Incorporated, dba Mac's Liquor at 8554 Excelsior Boulevard with the condition that a certificate of insurance showing liquor liability is received and that, prior to opening, Carrie McCarville completes formal training in the duties and responsibilities associated with the operation of a liquor license. A poll of the vote was as follows: Council Member May 21, 2002 City Council Meeting Minutes Page4 Brausen, aye; Council Member Jensen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, abstain. The motion carried. 3. Approve engineering agreement, 2003 street improvement project, (CR2002- 86) The 2002-2006 CIP identifies street improvements for the year 2003 along 2nd Street North (5th Avenue North to 6th Avenue North) and 5t" Avenue (3~d Street South to Highway 7). The first step in proceeding with a 2003 project is ordering a feasibility report. Staff has selected a qualified consultant to prepare the feasibility study/preliminary engineering report for the project and requests City Council approval to proceed. The cost of the report, preliminary engineering, and geotechnical evaluation is $14,920. Mr. Mielke asked about the current weight restrictions on 5th if state aid funds were used to reconstruct the street. Mr. Stadler replied that if state aid funds are used the City would be unable to restrict traffic. Council Member Jensen suggested that a neighborhood meeting be held as soon as possible to inform the residents of this proposal. Mr. Bot said that a neighborhood meeting was in the schedule after some preliminary design work was completed. It was decided to notify the neighborhood now of the proposed project and inform them that a neighborhood meeting will be held once preliminary design work is completed. Council Member Rowan moved and Council Member Johnson seconded a motion to adopt Resolution 2002-47, Resolution Ordering the Preparation of a Feasibility Report For Year 2003 Street Improvements. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Approve engineering services agreement, Shady Oak Pond drainage improvements. (CR20O2-83) Shady Oak Pond currently does not have an outlet and as a result the surrounding street and residential properties flood if the pond is not pumped out when it gets near flood levels. In the 1997 Hopkins Flood Response Action Plan adopted by the Hopkins City Council, the Shady Oak Pond area was identified as Area No. 1 and is the last remaining project area in the action plan. The first step in proceeding with the Shady Oak Pond Storm Sewer Improvement Project is ordering a feasibility report. Staff has selected a qualified consultant to undertake preliminary engineering and compiling the report and requests City Council approval to proceed. The cost of the report, project survey, research, and agency coordination work is $28,095. Project design and construction oversight services would be negotiated separately after the report phase and Council's ordering of the improvement project. It is anticipated that this work will ultimately be constructed at approximately the same time as the Shady Oak Road reconstruction project and May 21, 2002 City Council Meeting Minutes Page 5 other planned area roadway reconstructions. Mayor Maxwell asked whether it would be better to wait for the County to reconstruct Shady Oak. Mr. Stadler said that since most of the inflow comes from Hopkins neighborhoods, the City would be responsible for coming up with a solution. Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Resolution 2002-44, Resolution Ordering the Preparation of a Feasibility Report For the Shady Oak Pond Storm Sewer Improvement Project. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. 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 9:00 p.m. Respectively Submitted, Jim Gen ~e, Assistant ity Manager ATTEST: ~~ Eu ene J. Maxwell, Mayor CO IL MEMBERS May 21, 2002 City Council Meeting Minutes Page 6