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04-02-91A regular meeting of the Hopkins City Council was held on April 2, 1991 in the City Council Chambers of Hopkins City Hall. Present were Mayor Berg, Councilmembers Anderson, Shirley, Kritzler and Redepenning. Also present were staff members Genellie, Harmening, Gessele, N. Anderson, Kerrigan, T. Anderson and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Berg called the meeting to order at 7:30 p.m. II. PROCLAMATION Mayor Berg read a proclamation declaring the month of April Arbor Month and April 26, 1991 as Arbor Day in the City of Hopkins. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to adopt the proclamation. 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. III. CONSENT AGENDA 1. APPROVAL OF THE MARCH 19, 1991 REGULAR MEETING MINUTES 2. APPROVAL OF DISBURSEMENTS, PRELIST 859 3. APPROVAL OF MISCELLANEOUS LICENSE 4. APPROVE 1991 BUDGET CUTS TO AMEND BUDGET 5. APPROVE PLANS AND SPECS - SEWER PROJECT AND AUTHORIZE BIDS 6. ADOPT RESOLUTION ORDERING ASSESSMENT ROLLS CAMBRIDGE STREET, CAMPBELL ADDITION AND CAMPBELL DRIVE 7. ADOPT RESOLUTION ACCEPTING WORK ON CAMBRIDGE STREET' 8. ADOPT RESOLUTION - PROPOSED BWSR 509 RULES 9. APPROVE DESIGNATION OF CONSTRUCTION MANAGEMENT FIRM 10. ADOPT RESOLUTION ORDERING ASSESSMENT ROLL - MAINSTREET 11. APPROVE RAMSGATE APARTMENTS - SANITARY SEWER IMPROVEMENTS After discussion Councilmember Redepenning moved and Councilmember Shirley seconded the motion to approve the Consent Agenda noting that the sewer project Item No. 5 was revised. ~~ April 2, 1991 Page 2 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. OLD BUSINESS (a) CONSIDER ACTION CONDITIONAL USE PERMIT - MARK Z. JONES Staff recommended the following motion: Move to adopt Resolution No. 91-7 approving the conditional use permit to construct 12 townhomes on the corner of Hiawatha and Cambridge. Mr. Mark Jones was present to answer any questions. He stated that he had met all the zoning and setback requirements. He showed plans to the Council stating that he would plant (23) new trees and (100) other shrubs and plants. Several people from the Hiawatha area appeared before Council. Larry McNeff addressed the Council stating that according to his memory the property would not be built upon. Ed Strom recalled that the property was going to be left as a buffer zone. Joey Carlson stated that John Burgley also remembered that the area was to be left as a buffer zone. Achie Carter discussed the impressions that they had. They believed that the intent of the Council back in 1969 had been that nothing would be built on the sight leaving the area as a buffer zone. Earlier a petition had been given to signatures of 60 people to protest the Oak trees. The residents requested an were also donations to the City of appz pledges of $30,000 more in loans to buying the property from Mr. Jones. the Mayor with the cutting down of the EAW report. There ~oximately $1900 with assist the City in Mayor Berg asked Mr. Jones if he was interested in selling the property. Mr. Jones replied that he was not interested in selling. Tom Harmening explained that the results of an EAW would still leave the decision in the hands of the Council. After further discussion Councilmember Redepenning moved to adopt Resolution No. 91-45A to not have an EAW done. Mayor Berg seconded the motion. ~ ( ~ ~ a T April 2, 1991 Page 3 A poll of the vote was as followed: Councilmember Anderson, Nay; Councilmember Shirley, Nay; Councilmember Kritzler, Nay; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion did not carry. Councilmember Shirley moved and Councilmember Anderson seconded the motion to adopt Resolution No. 92-45B to require that an E.A.W. be completed on the project with findings of fact. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Nay; Mayor Berg, Nay. The motion carried. At this time Councilmember Anderson moved and Councilmember Shirley seconded the motion to reconsider Item No. 11 from 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. Councilmember Redepenning moved and Councilmember Shirley seconded the motion to continue the Ramsgate Apartment sanitary'sewer improvement until the necessary easements are obtained from the Ramsgate Apartments. 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 - PRELIMINARY PLAT - RAMSGATE 2ND ADDITION 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 Shirley 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. April 2, 1991 Page 4 (c) CONSIDER ACTION - COMPREHENSIVE PLAN CHANGE - MARK Z. JONES Staff recommended approval of the following motion: Move to approve Resolution No. 91-9 approving a change in the comprehensive plan from high density multiple family to medium density multiple family. This property is located east of Ramsgate, on Hiawatha. After discussion Councilmember moved and Councilmember 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. (d) CONSIDER ACTION - PARKING RESTRICTIONS - HIAWATHA AVENUE Staff recommended the following motion: Move that the Council authorize the posting of overnight restricted parking on Hiawatha Avenue from Cambridge Street to Blake Road. Irene Ibsen a resident of Hiawatha spoke up and reiterated that the residents wanted no parking on Hiawatha Avenue. Councilmember Anderson moved and Councilmember Kritzler seconded the motion to allow no parking on Hiawatha Avenue. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember' Kritzler, Aye; Councilmember Redepenning, Nay; Mayor Berg, Nay. The motion carried. (e) CONSIDER ACTION SECOND READING OF TOWER ORDINANCE Staff recommended approval of Ordinance 91-672 for second reading. Approval of this ordinance would regulate transmission towers and antennas in the City of Hopkins. After discussion Councilmember Redepenning moved and Councilmember Anderson seconded the motion to approve Ordinance No. 91-672 changing the maximum height of a commercial transmission tower to 75 feet for second reading and order published. z6/zo/~o ^~ April 2, 1991 Page 5 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. NEW BUSINESS (a) CONSIDER ACTION - FIRST READING HANDICAP PARKING ORDINANCES Staff recommended adoption of the following motion: Move to adopt for the first reading the following ordinances: Ordinance No. 91-678 for Residential Disabled Parking Zones, and Ordinance No. 91-677 for Residential Disabled Transfer Zones. The implication of approving the recommended motion will be increased services for disabled residents, at the expense of fewer public parking spaces. Scott Thompson discussed the ordinances with Council. Discussion took place as to fees for this service and enforcement should other people use the parking areas. After discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to adopt for first reading with revisions Ordinance No. 91-677 and Ordinance No. 91-678. 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 - FIRST READING OF ORDINANCE TO REPEAL CERTIFICATE OF OCCUPANCY ORDINANCE The Building Inspection Department recommended the adoption of the following motion: Move adoption of City Ordinance No. 91-676 deleting City Ordinance No. 430 relating to commercial structures and Certificates of Occupancy. Tom Anderson was present to answer questions. After discussion Councilmember Anderson moved and Councilmember Redepenning seconded the motion to adopt for first reading Ordinance No. 91-676. 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. April 2, 1991 Page 6 (c) CONSIDER ACTION - CONTRACT FOR COMMUNITY•ENERGY SERVICES PROGRAM Staff recommended approval of the following motion: Approve Resolution No. 91-41 authorizing the Mayor and City Manager to execute contracts with Northern States Power, Minnegasco and designated community based organizations to provide Community Energy Services to the residents of Hopkins. Minnegasco and NSP have requested that the City of Hopkins support the CES program by assisting in the marketing of the program and by referring residents when possible. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to approve Resolution No. 91-41. 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. Jim Kerrigan introduced Bruce Larson, Assistant Director with West Hennepin Human Services. • (d) CONSIDER ACTION - ADOPT ASSESSMENT POLICES AND BIDDING SPECIFICATION - MAINSTREET CONSTRUCTION Staff recommended that the Council address and act on several issues concerning assessment policies and bidding specifications before an assessment roll is prepared for the Mainstreet project. Jim Gessele and Dick Koppy presented the policies to Council with the four items discussed on an individual basis. Item Number I. Driveway Apron Assessments: Mr. Koppy suggested that a standard driveway area should be 24 feet. By using this standard the assessed property owners will more equitably be charged based upon the benefit to their property and Property owners will have an incentive to conform the width of their driveways to a standard design width adopted by the City. After discussion Councilmember Redepenning moved and Councilmember Anderson seconded the motion to accept Item No. 1 setting the standard driveway area as 24 feet, and allowing for a maximum of (1) driveway per property. r _. ~~ April 2, 1991 Page 7 Item No. 2. Rates of Assessment: Council needs to weigh the merits of establishing a uniform front footage rate of assessment for segments 3 and 4 vs. a rate which reflects the unique costs in each segment. Councilmember Anderson moved and Councilmember Shirley seconded the motion to accept the variable rate with the exception of 11th Street to 12th Street where an average rate will be used.. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Nay; Mayor Berg, Aye. The motion carried. Item No. 3 Sanitary Sewer and Water Services to Private Property: As part of the Mainstreet improvement project, sanitary sewer and water services to each property will be reviewed during the construction of the improvement. Mr. Koppy recommended that all services to property on Mainstreet be required to be replaced if the services are in a condition which dictates that they should be replaced. Councilmember Shirley moved and Councilmember Anderson seconded the motion to make the replacement of sanitary and water services to private property on all Mainstreet properties mandatory if the services are in need of replacement. 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. Item No. 4 Credit for high level light poles and fixtures: C After a brief discussion it was suggested that staff look up the statistics and deal with Item No. 4 at the Council meeting on the 16th of April. VI. PUBLIC COMMENTS/CONCERNS There were no public comments. .~ s ~' ~ C~ April 2, 1991 Page 8 VII. REPORTS - COMMITTEES/COMMISSIONS Mayor Berg mentioned that the Senior Community Services had invited the Council to a dinner on the 16th of April. He expressed regret that due to the Council meeting no one would be able to attend. VIII. ADJOURNMENT Councilmember Redepenning moved and Councilmember Anderson seconded the motion to adjourn. The meeting adjourned by unanimous consent. Respectfully submitted, 7`~ , • Pa G sborne, Deputy City Clerk ~ COUNCILMEMBE~2: _~ ATTF,8~: ~'~~~ Mayor, Nelson W. Berg ~~