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A regular meeting of the Hopkins City Council was held on
March 5, 1991 in the City Council Chambers of Hopkins City
Hall.
Present were Mayor Berg, Councilmembers Anderson, Shirley,
Kritzler and Redepenning. Also present were City Staff
Mielke, Genellie, Harmening, Gessele, Kerrigan, N. Anderson
and City Attorney Jerre Miller.
I. CALL TO ORDER
Mayor Berg called the meeting to order at 7:45 p.m.
II. CONSENT_AGENDA
1. APPROVAL OF THE FEBRUARY 19, 1991 REGULAR MEETING
MINUTES
2.~ APPROVAL OF THE FEBRUARY 12, WORKSESSION MINUTES
3. APPROVAL OF DISBURSEMENTS, PRELIST 857
4. APPROVAL OF MISCELLANEOUS LICENSES
5. SET PUBLIC HEARING - 1991 CDBG FUNDS FOR MARCH 19,
1991
6. APPROVE GAMBLING LICENSE APPLICATION BY ST. JOHN'S
THE EVANGELIST CHURCH
7. PRELIMINARY TIF APPLICATION - RYAN
8. FINAL TIF APPLICATION - HOPKIN5 TECH CENTER
9. PRELIMINARY ECONOMIC DEVELOPMENT FUND APPLICATION -
HOPKINS HOUSE
Councilmember Shirley moved and Councilmember Redepenning
seconded the motion to approve the Consent Agenda.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried unanimously.
II I. OLD BUSINESS
(a) CONSIDER ACTION - APPROVE PLANS AND AUTHORIZE BIDS
CAMPBELL ADDITION AND CAMPBELL DRIVE
Staff recommended that the City ,Council adopt Resolutions
No. 91-17 and No. 91-18 approving plans and specifications
for Campbell Addition and Campbell Drive street
reconstruction and authorizing the advertising for bids.
Jim Gessele presented the Council with the figures and
results of additional field surveys and drainage studies.
Fran Hagen of Westwood Professional Services, Inc. stated
that the new proposal includes a storm sewer with a
connection including Althea Lane, Herman Terrace, Campbell
Drive and Minnetonka Mills Road.
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Pat Reuter of 230 Campbell Drive appeared before Council to
reinforce the statement on the petition that their will be
an adequate storm sewer system.
After discussion Councilmember Shirley moved and
Councilmember'Redepenning seconded the motion to approve the
plans and adopt Resolutions No. 91-17 and No. 91-18
authorizing the advertising for bids.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye Mayor Berg, Aye. The
motion carried unanimously.
(b) CONSIDER ACTION - REMEDIATION AND MONITORING
AGREEMENT - WESTBROOKE PATIO HOMES ASSOCIATION
Staff recommended adoption of the following motion: Move to
approve the Remediation and Monitoring Agreement and
authorize the Mayor and Manager to sign the agreement.
Adoption of this motion would allow the City to proceed with
a gas remediation project on the landfill site and on the
townhome property.
Attorney's for the City of Hopkins and Westbrooke Patio
Homes appeared before Council and stated that they are in
agreement with the contract. Leslie Davis of Earth
Protectors, Inc. and Lawrence Colemen, Attorney for Earth
Protectors, Inc. stated that they would oppose this project.
Mr. Davis also stated that he would be having a television
show and would condemn Hopkins if the City proceeded with
the remediation.
Mayor Berg stated that the City did not appreciate threats.
Susan Weere of Westbrooke Patio Homes appeared stating that
she would like to see the City proceed with the remediation
and that she lives in one of the affected homes. She also
stated that she would like to see the remediation done now.
Daniel Jerges appeared and stated that he was also a
homeowner and stood behind Leslie Davis 100%.
After further discussion Councilmember Kritzler moved and
Councilmember Redepenning seconded the motion to approve the
contract and authorize the Mayor and City Manager to sign
the contract.
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March 5 , 19 91
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A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye The
motion carried unanimously.
IV. NEW BUSINESS
(a) CONSIDER ACTION - CONDITIONAL USE PERMIT - MARK
Z. JONES '
Staff recommended the following motion: Move to adopt
Resolution No. 91-07 approving the conditional use permit to
construct 13 townhomes on Hiawatha.
The applicant is proposing to construct 13 rental townhomes
on the east side of Ramsgate along Hiawatha Avenue. These
townhomes will be two story, three bedrooms with a 2 car
tuck-under garage. Access will be from Cambridge. There is
no car access from Hiawatha to the town homes.
Archie Carter appeared before Council raising questions
about an agreement that took place in 1970's concerning
access to the property from Hiawatha Road.
Mark Jones, Owner of the property and part owner of Ramsgate
said that he changed his plan for 13 townhomes and reduced
the number to twelve. He would have two buildings instead
of three .
After discussion Councilmember Redepenning moved and
Councilmember Anderson seconded the motion to continue this
item and return it to Zoning and Planning to review the new
proposal from a site plan design and zoning perspective.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning Aye; Mayor Berg, Aye. The
motion carried unanimously.
Councilmember Anderson moved and Councilmember Shirley
seconded a motion to authorize staff to undertake a
feasibility study to address sanitary sewer capacity issues
on Hiawatha Avenue from Cambridge to Blake.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye The
motion carried unanimously.
March 5, 1991
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(b) CONSIDER ACTION - PRELIMINARY PLAT - RAMSGATE
2ND ADDITION - MARK Z. JONES
Staff recommended approval of the following motion: Move to
approve Resolution No. 91-8 approving the preliminary plat
for Ramsgate Second Addition.
Councilmember Redepenning moved and Councilmember Anderson
seconded the motion to continue this item.
A poll of the vote was as follows; Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried unanimously.
(c) CONSIDER ACTION - CONDITIONAL USE PERMIT MARCUS
CORPORATION
Staff recommended approval of the following motion: Move to
approve Resolution No. 91-21 recommending approval of the
conditional use permit to construct a theater with
conditions at 15 8th Avenue South.
Nancy Anderson appeared before Council to apprise Council of
the changes on the conditions of the CUP. Item No. 8 would
read, that the applicant replat the subject property in
sixty days of the granting of the C.U.P. Item No. 11 has
been deleted. Also, Ms. Anderson outlined two new conditions
to be added to the conditions. These related the execution
of a redevelopment agreement and the authorization by the
City Council of a storm sewer project.
Mayor Berg was concerned about recycling and felt that this
item should be taken into consideration.
After discussion Councilmember Shirley moved and
Councilmember Redepenning seconded the motion to approve
Resolution no. 91-21 with the stated conditions. ,_
A poll of the vote was as follows: Councilmember Anderson,
Abstain; Councilmember Shirley, Aye; Councilmember
Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg,
Aye. The motion carried.
(d) CONSIDER ACTION - VACATION OF THE NORTH/SOUTH ALLEY
IN BLOCK 3, WEST MINNEAPOLIS
Staff recommended approval of the following motion: Move to
adopt Resolution No. 91-23 approving Ordinance No. 91-673 to
vacate the north/south alley in Block 3, West Minneapolis
for first reading.
March 5, 1991
Page 5
The alley is being requested to be vacated to allow the
theater to have the required 10 foot rear yard setback.
Councilmember Redepenning moved and Councilmember Kritzler
seconded the motion to adopt Resolution No. 91-23 approving
Ordinance No. 91-673 for first reading.
A poll of the vote was as follows: Councilmember Anderson,
Abstain; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried.
(e) CONSIDER ACTION - AUTHORIZE STORM SEWER, PROJECT -
BURSCH DEVELOPMENT SITE
Staff recommended the follow motion: Move to adopt
Resolution No. 91-28 ordering storm sewer and parking lot
improvements - Bursch Redevelopment site. This action will
begin the process of reconstructing and installing storm
sewer north and south of the presently vacant Bursch
Restaurant and improving the adjoining parking lot.
After a great deal of discussion is was agreed by the City
Council and Mr. Senn that Mr. Senn would be required to
provide a written guaranty that he would pay for 40% of the
engineering expense related to the preparation of plans and
specifications for the improvement.
After discussion Councilmember Shirley moved and
Councilmember Kritzler seconded the motion to adopt
Resolution No. 91-28 as amended to take into consideration
the agreement as noted above.
A poll of the vote was as follows: Councilmember Anderson,
Nay; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried.
(f) CONSIDER ACTION - TERMINATE REDEVELOPMENT AGREEMENT
MARCUS CORPORATION
Staff recommended adoption of the following motion: Move to
terminate agreement between Marcus Corporation and City of
Hopkins dated August 20, 1990 for the redevelopment of the
City owned property on the northwest corner of Blake Road
and Second Street N. E.
Jim Kerrigan explained the details of the original agreement
and because lack of any significant performance by the
developer, staff is recommending that the existing agreement
be terminated.
March 5, 1991
Page 6
Councilmember Anderson moved and Councilmember Shirley
seconded the motion to terminate the agreement between
Marcus Corporation and City of Hopkins.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried unanimously.
(g) CONSIDER ACTION - AMENDMENT TO ZONING ORDINANCE
TRANSMISSION TOWERS
Staff recommended approval of the following motion: Move to
adopt Resolution No. 91-11 approving Ordinance No. 91-672
regulating transmission towers and antennas for f first
reading. Approval of this motion will amend the zoning
ordinance to regulate the placement and construction of
transmission towers.
Councilmember Redepenning moved and Councilmember Anderson
seconded the motion to adopt Resolution No. 91-11 approving
Ordinance No. 91-672 for first reading. The City Council
also requested that staff provide a recommendation for the
2nd reading regarding a feasible tower height requirement.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried unanimously.
(h) CONSIDER ACTION - LIFT STATION #4 RECONSTRUCTION
Staff recommended adoption of the following motion: Move to
approve reconstruction of Sanitary Lift Station No. 4
located at 244 Meadowbrook Road and designation of RCM
Associates, Inc. as design engineers.
Adoption of this motion will allow for the reconstruction of
lift station No. 4 as per the 5 year Capital Improvement
Plan.
Councilmember Anderson moved and Councilmember Kritzler
seconded the motion to approve the reconstruction of
Sanitary Lift Station No. 4.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye The
motion carried unanimously.
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(i) CONSIDER ACTION - CONSTRUCTION MANAGEMENT -
MAINSTREET PROJECT
Staff recommended the following motion: Move that Council
authorize staff to incorporate a construction management
concept in the bidding and construction phases of the
proposed reconstruction of Mainstreet.
Jim Gessele explained the need for Construction Managers. He
cited the cost savings and success the City had with the
remodeling of the Activity Center and Ice Arena using this
method.
After discussion Councilmember Redepenning moved and
Councilmember Kritzler seconded the motion to authorize the
staff to incorporate a management concept.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried unanimously.
(j) CONSIDER ACTION - PLAQUES AT ACTIVITY CENTER
Staff recommended adoption of the following motion: Move to
instruct staff to install the Activity Center dedication
plaque in the entry way to the Activity Center.
Councilmember Shirley moved and Councilmember Redepenning
seconded the motion to instruct staff to install the
Activity Center dedication plaque in the entry way to the
Activity Center.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried unanimously.
V. PUBLIC COMMENTS/CONCERNS
There were no public comments.
VI. REPORTS - COMMITTEES/COMMISSIONS
Tom Harmening reminded Council of an informational meeting
next Tuesday night at 6:30 p.m.
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Councilmember Kritzler stated that the South West Suburban
Cable Commission may be asked for a relief extension from
Paragon Cable. He also stated that the Hopkins High School
Newspaper had written and very nice article commending the
Chemical Health Commission and the School's continued
participation in the war against drugs.
VII. ADJOURNMENT
Councilmember Redepenning moved, and Councilmember Anderson
seconded the motion to adjourn. The meeting adjourned by
unanimous consent.
Respectfully submitted,
Pat Gisborne, Deputy City Clerk
OUNCILMEMBERS:
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son W. Berg, Ma
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