05-06-97A regular meeting of the Hopkins City Council was held on May 6, 1997, in the
Council Chambers of Hopkins City Hall.
Present were Mayor Redepenning and Council Members Maxwell, Hesch, Johnson,
' and Jensen. Also present were staff members Mielke, Genellie, Stadler, Gessele,
Kerrigan, and City Attorney Jerre Miller.
. ' I. CALL• TO ORDER
Mayor Redepenning called the meeting to order at 7:30 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS/CONCERNS
There were none
III. CONSENT AGENDA
1. April 15, 1997, regular meeting minutes
2. ~ April 8, 1997, Work Session minutes
3. Disbursements. Prelist 1013
4. Mighty Ducks grant application for pavilion 'renovation (CR97-77)
5. Lake Street bridge replacement resolution (CR97-91)
6. `Award contract, First Street North improvements (CR97-89)
7. Second reading, Town Terrace utility easement vacation (Memo)
8. Authorize payment for permanent easement, 11 ~' Avenue South
.' improvement project (CR97-90)
' Council Member Hesch moved and Council Member Maxwell seconded a motion to
approve the Consent Agenda. A poll of the vote is as follows: Council Member
Maxwell, aye; ~ Council Member Jensen, aye; Council Member Hesch, aye; Council
Member Johnson, aye; Mayor Redepenning, aye. The motion was carried
' unanimously. ,
IV. PUBLIC HEARING
. 1. Assessment hearing and adopt assessment roll, 1996 alley project
(CR97-78)
Mr. Gessele said that at its regular meeting on March 18, 1997, the Council
ordered a public hearing to assess the alley reconstruction project in the #10
through #100 block between 6~' and 7~' Avenues South. The total cost of that
portion of the project to be assessed is X33,122.64. The assessment is assigned
at X29.83 per frontage foot with assessments singing from $1,491.50 to
X4,474.50. Mr. Gessele said that one appeal was received.
May 6, 1997 Chy Council Meeting Page 1
Mayor Redepenning opened the public hearing at 7:37 p.m. There were no
comments from the public. Council Member Maxwell moved and Council Member
Jensen seconded a motion to close the public hearing. The public hearing was
._ closed by unanimous consent at 7:38 p.m.
Mr. Gessele read the appeal from Rod Shober, 40-6~' Avenue South. He said that
he spoke with Mr. Shober and that Mr. Shober had not understood that the
asse$sments could be put on the tax rolls over ten years.
Council Member Maxwell moved and Council Member Johnson seconded a motion
to deny the appeal. A poll of the vote is as follows: Council Member Maxwell, aye;
Council Member Jensen, aye; Council Member Hesch, eye; Council Member
Johnson, aye; Mayor Redepenning, aye. The motion was carried unanimously.
Council Member Johnson moved and Council Member Jensen seconded a motion
to adopt Resolution 97-45 adopting the assessment roll for project 96-05. A poll
of the vote is as follows: Council Member Maxwell, aye; Council Member Jensen,
aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor
Redepenning, aye. The motion was carried unanimously.
Mr. Gessele stated that the second portion of the agenda item included the #100
block between 12~' and 13~' Avenues South with the total cost of that portion of
the project at~30,142.66. The assessment assigned is X32.95 per front footage
with assessments ranging from ~ 1,647.50 to X5,583.38.
Mayor Redepenning opened the public hearing at 7:40 p.m. There were no public
comments.
Council Member Jensen moved and Council Member Hesch seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at
7:41 p.m.
Council Member Jensen moved and Council Member Maxwell seconded a motion
to adopt Resolution 97-46, Resolution for adoption of assessment rolls, Project 96-
06, Alley Reconstruction. A poll of the vote was as follows: Council Member
Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council
Member Johnson, aye; Mayor Redepenning, aye. The motion was carried
unanimously.
2. Assessment hearing and adopt assessment roll, 11 ~' Avenue South
improvement project (CR97-86)
Jim Gessele said that on April 1, at its regular meeting, the Council ordered a public
hearing on the assessments for Project 96-16, 11 ~' Avenue South improvements.
The area included is on 11 ~' Avenue South from 5~' Street South to Hennepin
County Regional Rail Authority on the west and from the Soo line Railroad to
May 6, 1997 City Council Meeting Page 2
Hennepin County Regional Rail Authority on the east. The total cost of the
assessments is ~ 152,894.56. Seventy percent of the cost of the project is being
assessed. He said there were no appeals.
Mayor Redepenning opened the public hearing at 7:43 p.m. There were no public
comments.
Council Member Jensen moved and Council Member Hesch seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at
7:44 p.m.
Mayor Redepenning moved and Council Member Jensen seconded a motion to
adopt Resolution 97-54, adopting the assessment roll, project 96-16. A poll of the
vote is as follows: Council Member' Maxwell, aye; Council Member Jensen, aye;
Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning,
aye. The motion carried unanimously. '
3. Approve bids, authorize construction, 11 ~' Avenue South reconstruction
(CR97-88)
Jim Gessele said that at its March 4~' meeting, the Council approved plans for the
reconstruction of 1,1 th Avenue South from the Soo Line Railroad to the Hennepin
• County Regional Rail.Authority. A bid opening was held on March 27, 1997, and
` the low~'bid of Midwest Asphalt was used as the basis for assessment rates on the
project. ~ The total cost of the bid is X362,296.09 with 7096 being assessed to the
adjacent properties. Dan Boxrud, consulting engineer for the City of Hopkins, said
that Midwest Asphalt was a company that is well known, has done good work,
and has the capability of completing the' contract. Council discussed the time
. frame and the notification process.
Council Member Johnson moved •and Council Member Maxwell seconded a motion
to adopt Resolution 97-55, awarding bid, 11 ~' Avenue South Reconstruction,
Project 96-16 to Midwest Asphalt. A poll of the vote is as follows: Council
Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye;
Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried
unanimously.
V. OLD BUSINESS
1. Request for reconsideration of 17~' Avenue parking (CR97-92)
Steve Stadler said that Lloyd Hockel, 101 17~' Avenue North, has requested that
the Council reconsider its decision on March 4, 1997, to not change parking
restrictions on 17~' Avenue North. A discussion of the previous decision followed.
Mey 6, 1997 City Council Mee~ttng Page 3
Mayor Redepenning moved to reconsider the parking on 17~' Avenue North. The
motion died'for lack of a second.
2. Approve of appointment process of HCA operations board (CR97-93)
Steve Mielke outlined the procedure for the City Council to appoint three people to
the Hopkins Center for the Arts Operations Board. He explained that the job
descriptions for board members should be developed by the facilities committee
and recommended to the City Council as soon as possible. A discussion of the job
description followed.
Mayor Redepenning moved and Council Member • Johnson seconded a motion. to
continue the item to a future meeting. A poll of the vote ' is as follows: Council
Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye;
Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried
unanimously.
VI. NEW BUSINESS
1. Authorize sale of bonds, Westbrooke patio Homes(CR97-85)
Jim Kerrigan told the Council that in January and February this year they held
public• hearings and approved the establishment of the housing improvement area
and fees for Westbrooke Patio Homes. A development agreement was executed,
obligating the City to sell General Obligation • Housing Improvement Area Bonds.
The total amount of the sale is ~ 1,700,000. Rusty Fifield of Ehlers and
Associates, Inc. Incorporated, said that he' had received bids that morning and the
interest was going to be lower than anticipated. He also mentioned that Standard
and Poors raters had recognized that the debt incurred by the City is a
reinvestment in itself and will put the City of Hopkins in a very good position in the
future.
Council Member Jensen moved and Council Member Maxwell seconded a motion
to adopt Resolution 97-47, awarding the sale of bonds for the Westbrooke Patio
Homes Improvement Area Number 2. A poll of the vote is as follows: Council
Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye;
Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried
unanimously.
2. Approve CUP, Schmit Towing (CR97-83)
Nancy Anderson distributed a memo to the Council prior to the meeting stating that
the applicant asked for a continuance of this item.
Council Member Hesch moved and Council Member Maxwell seconded a motion to
continue the item to a future meeting. A poll of the vote is as follows: Council
Mey 6, 1997 City Council Meeting PeQe 4
Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye;
Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried
unanimously.
3. Approve CUP, Oaks of Mainstreet (CR97-80)
Jim Kerrigan told the Council that the Zoning Ordinance allows one 12-square-foot
sign for residential developments, however, with a conditional use permit more
signage is allowed. The applicant is proposing to erect five signs for The Oaks of
Mainstreet townhomes. They are proposing to attach the signs to the fence. The
proposed sign meets all of the requirements of signage with a CUP except the 25-
foot setback from any street right-of-way line. The applicant is also applying for a
variance. The Zoning and Planning Commission recommended approval. Council
Members discussed the lighting of the signs and the construction of the signs.
Council Member Jensen moved and Council Member Hesch seconded a motion to
adopt Resolution 97-48, approving a conditional use permit to allow more signage
for The Oaks of Mainstreet. A poll of the vote is as follows: Council Member
Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council
Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously.
4. Approve sign variance,, Oaks of Mainstreet
Jim Kerrigan said that Real Estate Equities is proposing to place five signs
identifying the townhome development on the southeast corner of Mainstreet and
Shady Oak Road. The signs are proposed to be attached to the fence. Four of the
five signs do not have the required 25-foot setback. The hardship is that the
building setback for the side on Mainstreet is 12 feet. The signs would be located
behind the building if the •25-foot setback is maintained. The Zoning and Planning
Commission recommended approval. '
Council Member Johnson moved and Council Member Hesch seconded a motion to
adopt Resolution 97-49, approving a variance to allow signs in the setback area. A
poll of the vote is as follows: Council Member Maxwell, aye; Council Member
Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor
Redepenning, aye. The motion carried unanimously.
5. Final plat, Nine Mile Cove (97=82)
• Jim Kerrigan said that the applicant, Taurus Properties, has been approved to
' construct 62 townhomes on the site of the former Minneapolis Floral. The
applicant is plotting the property in phases. The first phase will consist of 32 lots.
The plat meets Zoning requirements, subdivision requirements, and has been
reviewed by the engineering department. The Zoning and Planning Commission
recommended approval.
May 6, 1997 Clay Council Meeting Pape 6
Council Members discussed the time frame involved and asked Mr. Kerrigan if the
applicant is aware that the conditional use permit requires that construction
~' continue on all 62 units and that it expires in one year. Mr. Kerrigan said that the
applicant is aware of the conditions of the conditional use permit.
Council Member Hesch moved and Council Member Maxwell seconded a motion to
adopt Resolution 97-50, approving a final plat .for Nine-Mile Cove. ~A poll of the
vote is as follows: Council Member Maxwell, aye; Council Member Jensen, aye;
Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning,
aye. The motion carried unanimously.
6. Change date/time for November Council Meeting to November 5, 1997
(CR97-791
Jim Genellie told the Council that because of the General Municipal election being
held on Tuesday, November 4, 1997, meetings cannot be scheduled before 8:00
p.m. that night. _ '
Council Member Johnson moved and Council Member Hesch seconded a motion to
change' the date of the regular City Council Meeting of November 4, 1997, to 7:30
p.m. on November 5, .1997. A poll of the vote is as follows: Council Member
Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council
Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously.
7. Approve 1997-1999 Hopkins Municipal Employees' Association Contract
Jim Genellie outlined the contract agreements as proposed by the Hopkins
Municipal Employees' Association and management.
Council Member Jensen moved and Council Member Hesch seconded a motion to
approve the 1997; 1998, and 1999 Contract for the Hopkins Ml~unicipal Employees'
Association, (HMEA). A poll of the vote is as follows: Council Member Maxwell,
aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member
Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously.
VII. REPORTS -COMMITTEES/COMMISSIONS
Council Member Johnson attended a Chemical Health Commission meeting where
they discussed the upcoming town meeting. She said there were two visitors to
the meeting who are interested in joining the Commission and that Chief Johnson
of the Hopkins Police Department spoke to them about the issues involving alcohol
use in the City and how the Department is addressing those issues. '
Council Member Hesch attended a debriefing of the President's Summit and said
that Hopkins is already doing the things that they are trying to organize.
May 6, 1997 City Council Meeting Pape 6
Council Member Jensen attended the Human Rights Commission meeting and said ,
they are working on the Alice Smith School calendar. She also attended a Park
Board Meeting where they discussed the trails and the Shady Oak Beach Project.
VIII ADJOURNMENT
There being no further business, Council • Member Hesch ~ moved and Council
Member Jensen seconded a motion to adjourn. The meeting was adjourned by
unanimous consent at 8:58 p.m.
Respectfully Su 'tted,
er y ermaier, City Clerk
COUNCIL MEMBERS
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ATTEST:
Charles D. Redepenning, May
May 6, 1997 City Council Mseting Page 7