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04-01-03A regular meeting of the Hopkins City Council was held on April 1 , 2003, 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, J. Anderson, N. Anderson, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Maxwell called the meeting to order at p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Chuck Habiger, 430 Althea Lane, wanted to address the stop signs that were requested by the Hobby Acres Neighborhood. Mr. Habiger stated that in all the studies that he had read, stop signs did not slow traffic down, but had the opposite effect. Mr. Habiger said that the problem could be solved by separating the vehicular traffic from the pedestrian traffic. He stated that he is against the installation of stop signs. III. REPORTS -COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission Ross Bartz reported that the Zoning and Planning Commission meeting was held on March 25, 2003. Kersten Elverum and Hillary Feder presented the Design Standards and Guidelines for the downtown and overlay districts. The Commission was impressed with the work effort involved and with the Standards and Guidelines. The commission reviewed the concept plans for EDCO. They were pleased with the addition and encouraged them to move forward. IV. CONSENT AGENDA 1 . Minutes of March 18, 2003 City Council Meeting 2. Minutes of March 18, 2003 City Council Work Session 3. Minutes of March 25, 2003 City Council Work Session 4. Ratify Prior Month's Disbursements 5. Adopt Parking Restrictions, 5t'' Ave (CR2003-051) 6. Authorize Sales of Bonds, Hwy 7/CSAH 73 Project (CR2003-052) 7. Second Reading, Ordinance Amending Various Sections of Hopkins City Code (Memo) 8. Shady Oak Beach Diving Platform (CR2003-058) 9, Award Contract for Downtown Park Stage (CR2003-059) April 1, 2003 City Council Meeting Minutes Page 1 Mayor Maxwell asked for a brief explanation of items eight and nine. Mr. Stadler answered that item eight is a contract for repairs to the diving platform at Shady Oal< Beach. The platform is about forty years old. The platform was inspected by an engineer last November. The inspection found some deterioration in the upper pilings and deck timbers. The City is responsible for one third of the total cost. Minnetonka will pay the whole amount for the project. The City's portion of $17,000 will be paid back to Minnetonka over three years. The funds will be paid out of the Park Dedication Fund. Item nine is a contract for the installation of a permanent performance stage at Downtown Park. The installation of the stage will be completed for the first "Music in the Park" performance. Additional improvements, the installation of pavers and benches, will be completed after the "Music in the Park" season is finished. The funds for this project will also come from the Park Dedication Fund. Council Member Jensen explained that the Park Dedication Funds come from new construction. The funds are dedicated to the improvement of parks in the City. These funds have been set aside for these projects in previous years. The funds from park dedication cannot be moved into the General Fund. In response to Mayor Maxwell's question, John Anderson said that he residents and business owners on 5"' Ave have been notified of the change to no parking on 5"' Ave. Parking will be removed from the east side only. Four spaces will be left on the West side. Council Member Rowan 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 Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. V. OLD BUSINESS 1 . Second Reading, Ordinance Amending Licensing of Rental Property (Memo) The first reading of Ordinance 2002-890 was approved at the December 17, 2002, meeting. With first reading approval, the City Council directed staff to present the ordinance to the Hopkins Apartment Managers Association. Staff met three times with the association. As a result several changes were made to the ordinance for the second reading. The ordinance was reviewed by the City Attorney. The Police Department has also reviewed the ordinance and believes that the ordinance will place more responsibility on the apartment owners. The Police Department also believes that the ordinance will cut calls to apartments. Council Member Johnson said that she received some calls on the ordinance. She said that she would like further discussion of the changes in a work session. April 1, 2003 City Council Meeting Minutes Page 2 Council Member Brausen moved and Council Member Johnson seconded a motion to continue the item to the May 5th Regular City Council Meeting. 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. VI. NEW BUSINESS 1 . First Reading, Ordinance Adopting Minnesota State Building Code (CR2003- 050) The adoption of the State Building Code is required by Minnesota Statute. The 2000 Code marks the adoption of the International Family of Codes. The International Codes are a compilation of the three previous model codes used in the US and other parts of the world. The single national model building code is intended to make it easier for the builders, designers, and cities, yet maintain the standards of building safety. The rules will be less strict than in the past. The goal of combining the three previous codes was to take the least restrictive application of each code. Mr. Davis gave an example of a situation where less strict codes would make it easier for a builder to comply. New hand outs have already been going out to contractors and designers. Mr. Mielke pointed out that the new code makes provisions for upgrading older buildings without being required to meet new construction requirements. Council Member Johnson moved and Council Member Brausen seconded a motion to approve Ordinance 2003-901 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. 2. Stop Signs Request, Hobby Acres Neighborhood (CR2003-57) Staff received a request from the Hobby Acres Neighborhood Association to install an all-way stop sign at the intersections of Farmdale Rd and Althea Lane, Farmdale Rd and Campbell Rd, and Althea La and Wayside Rd. City Staff met with the neighborhood committee. They discussed the neighborhood roadways and concerns. and traffic studies that were taken by city staff at various locations in the neighborhood. Mr. Stadler said that he intends to hold more m_ eetings with the neighborhood. He has already completed much of the study. Aprif 1, 2003 City Council Meeting Minutes Page 3 Mayor Maxwell said that he would like to see the Campbell Neighborhood included in the meetings and the education process. Tad Gullickson, the chair of the Hobby Acres Neighborhood Association, said that he would like to be notified well in advance of all meetings where the stop signs will be discussed. He said that he would like a copy of the engineer's report. Mayor Maxwell answered yes to his question, "will the report be reviewed at future meetings?" Mr. Gullickson asked if the neighborhood would be given the opportunity to present their arguments. The Mayor responded that they would have that opportunity. Kathy Rolf came forward to request that the Campbell Neighborhood not be included in the request. Ms. Rolf said that the Campbell residents cut through the Hobby Acres neighborhood and drive too fast on the hills. Council Member moved and Council Member seconded a motion to authorize the City Engineer to prepare a report in accordance with Legislative Policy *A, in regards to the Hobby Acres Neighborhood request for stop signs and directed staff to schedule meetings with the neighborhood residents. 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. Award Bid Packages #1, #2, and #3 Contracts, Facilities Projects CR2003- 049) In February 2003, the Council approved final design and authorized bids for the new facilities. Mr. Stadler reviewed the site plans for the facilities. The bids were broken into three major packages. Bids were opened between March 13t" and March 27t", 2003. The total cost of the construction is $7,469,940. The budget was set at $8,236,023. Because the total cost is much lower than the budget, some alternate upgrades were added. Mr. Stadler went over the alternates. The total cost includes the alternates. At this point the project is $766,083 under budget. At this time, two bids have not been done. They are the bids for signage and landscaping. Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Resolutions 2003-030, 2003-033 and 2003-034, resolutions for award of bids, City Facilities Improvement Project bid packages 1, 2, and 3. A poll of the vote was April 1, 2003 City Council Meeting Minutes Page 4 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. 4. Concept Review, EDCO Expansion Plans (CR2003-054 The applicant, EDCO is proposing a 39,755-square-foot addition to the existing building at 900 2~d Ave NE. The addition would be on the south side of the building abutting the Hennepin County Railroad Authority (HCRRA). The use of the business is in compliance with the Zoning Ordinances and Comprehensive Plan. They would have adequate parking. HCRRA has given approval for access to the property from the south. There may be drainage issues on the east side of the building. Mr. Kerrigan reviewed the items that will have to be worked out for the development to occur. The City Council and staff discussed future use and how the addition will impact lite rail. Mr. Kerrigan said that light rail is planned for in the consept. Allen Kimpbell, Jerry Gustafson, and Tom Mankowski appeared for EDCO to answer questions. Mr. Kimpbell responded to a question, stating that HCRRA prefers giving "right of access" as opposed to the purchase of an easement. The access road will not be bituminous. It will be gravel. The landscape site plan and HCRRA landscape requirements were discussed. The Council agreed that the concept is good and asked EDCO to continue working with staff and HCRRA for final design and approva. No action was taken. 5. Approve Additional Payment to HKS. Associates (Marketplace Lofts? (CR2003-53 The City contracted with HKS Associates to complete and asbestos and hazardous materials survey on the buildings between 7th and Stn Aves prior to the demolition for the Marketplace Lofts project. They submitted a proposal to the City for $8,400 for the job. Before they submitted the proposal, they subcontracted with Schoell & Madison, Inc. Schoell & Madison submitted information on the amount of work needed that was not correct. This information was used to prepare the cost estimate. HI<S associates is now requesting an additional payment of $8,793.15 for work that they completed and was not identified in their original proposal. Chuck Habiger, HKS Associates, explained that an error was made in the math by Schoell and Madison. April 1, 2003 City Council Meeting Minutes Page 5 Council Member Brausen moved and Council Member Johnson seconded a motion to authorize a payment of $8,793.15 to HKS Associates for additional environmental service re: the scope of services proposal dated April 8, 2002, Marketplace Lofts Project. 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. 6. Award Contract with Excel Energy, 5th Ave Lighting (CR2003-056) This contract would have Excel Energy install and maintain twenty streetlights on Stn Ave. The lights would be similar to those installed along 8ih ,Ave and Mainstreet. The cost of $81,795 includes purchase and installation. Energy and Maintenance fees would be $7.71 per light per month. The funds will be taken from the PIR account. Council Member moved and Council Member seconded a motion to authorize the Mayor and City Manager to enter into a contract with Xcel Energy (Northern States Power) for installation of 20 streetlights along 5th Ave S from 3`d St S to 2"d St N. 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. 7. Award Bid, Nine Mile Cove Water Main Repair (CR2003-044) The water main was originally constructed a part of the Nine Mile Cove project. There is a history of failures. In the process of the most recent repair, STS Consultants were called to study and observe the condition of the pipe. STS Consultants concluded that the design and construction of the pile caps is the cause of the failure. Quote requests were sent to four contactors. Metro Utilities submitted the low quote, $43,396.00. The section needs to be repaired as soon as possible. There is question about who should be liable for the cost of the project. This is outside the three year maintenance period. Staff has tried reaching the original contractor. The contractor is not responding. Staff and-City Attorneys will work together to develop an opinion on the best course of action to pursue relative to the financial responsibility of the project. Council Member Jensen moved and Council Member Brausen seconded a motion to adopt Resolution 2003-026, Resolution for Award of Bid, Nine Mile Cove Water main Relocation Project, and City Project 03-02. 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. April 1, 2003 City Council Meeting Minutes Page 6 7. Moratorium on New Charitable Gambling Licenses (CR2003-027) During the discussion of the Hopkins Youth Hockey Association's premises permit application; it became apparent that current City policy on Lawful Gambling contains language that is unclear and open to various interpretations. A Moratorium on new premises permits would allow the Council time to address the issues that have been raised concerning the policy. This moratorium would not apply to any applications that are currently before the Council. The moratorium is set to expire after 90 days. It can be extended by the City Council or can be ended sooner. A resolution would need to be adopted to end the moratorium sooner than 90 days. Council Member Rowan moved and Council Member Johnson seconded a motion to adopt Resolution 2003-023, establishing a moratorium on the issuance of new Lawful Gambling premises permits. 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. ADJOURNMENT There being no further business, Council Member Jensen moved and Council Member Rowan seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 10:15 p.m. Respectively Submitted, r erry O rmaier, City Clerk ATTEST: ;i~~~ Eug e J. axwell, Mayor April 1, 2003 City Council Meeting Minutes Page 7