Loading...
08-06-91. ~ -~ - .y A regular meeting of the Hopkins City Council was held on August 6, 1991 in the City ,Council Chambers of Hopkins City Hall. Present were Mayor Berg, Councilmembers Anderson, Shirley, and Kritzler. Also present were City staff Mielke, Harmening, Gustafson, Kerrigan, N. Anderson and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Berg called the meeting to order at 7:35 p.m. II. SPECIAL ORDER OF BUSINESS a. Pat Gisborne conducted the swearing in of Tom Schmidt to the Hopkins Park Board. III. APPEARANCE Dwight Yerxa appeared before Council to question the way the delinquent water bills were handled. He felt that a bill should be allowed to be late, with collection taking place once or twice a year. He also took exception to the shutting off of the water. Mr. Mielke explained that the handling of the notices and possible shut offwas City policy. Mayor Berg thanked Mr. Yerxa for appearing and after consulting with the other Council members stated that no changes would be forth coming . IV. CONSENT AGENDA 1. APPROVAL OF THE JULY 16, 1991 REGULAR MEETING MINUTES 2. APPROVAL OF DISBURSEMENTS, PRELIST 867 3. APPROVAL OF MISCELLANEOUS LICENSES 4. ~ ADOPT RESOLUTION NO. 91-92 IN SUPPORT OF NATIONAL HANDICAP HOUSING 5. ADOPT RESOLUTION NO. 91-93 REQUESTING 90 DAY EXTENSION FOR APPROVAL/DISAPPROVAL OF DESIGN PLANS - LRT 6. ADOPT RESOLUTION NO. 91-94 REQUESTING AND BY-LAWS WELLNESS COMMITTEE 7. APPROVE CHANGE ORDER 5 7 6 - LANDFILL PROJECT 8. AUTHORIZE MAYOR AND MANAGER TO EXECUTE AGREEMENT WITH CITY OF WAYZATA TO PROVIDE INSPECTION SERVICES 9. AUTHORIZE AUCTION OF UNCLAIMED PERSONAL PROPERTY 10. APPROVE CITY MANAGER'S PROPOSED SALARY INCREASE 11. ACCEPT PETITION, ORDER FEASIBILITY STUDY - KNOLLWOOD 12. APPROVE RQUEST TO CONTINUE "NO TRUCK" ROUTE - PARK VALLEY AREA 13. BILLBOARDS FOR CIVIC EVENTS - REFER TO ZONING AND PLANNING 14. APPROVE, CHANGE ORDER - CAMPBELL ADDITION AND CAMPBELL DRIVE . .;~ August 6, 1991 Page 2 15. ADOPT RESOLUTION NO. 91-96 SETTING HEARING FOR SEPT. 3. 1991 ON MISCELLANEOUS SPECIAL ASSESSMENTS 16. APPROVE MINUTES OF THE JULY 16, 1991 COUNCIL WORKSESSION 17. ADOPT RESOLUTIONS NO. 91-101, 102, 103 APPROVING GAMBLING LICENSE APPLICATIONS OF THE HOPKINS JAYCEES 18. AWARD OF BID - MEADOWBROOK LIFT STATION After discussion Councilmember Anderson moved and Councilmember Shirley 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, Mayor Berg, Aye. The motion carried unanimously. V. PUBLIC HEARING a. ABATEMENT OF NUISANCE - 702 - 7TH AVENUE SOUTH Staff recommended that the Council approve the following motion: Adopt Resolution No. 91-104 assessing the costs associated with abating a nuisance 702 7th Avenue South on June 28, 1991. The costs incurred by the City of Hopkins in abating the nuisance at 702 7th Avenue South were $98.00 and the assessment against the property is pursuant to the emergency abatement procedure set forth in the Hopkins City code section 615. Mayor Berg opened the public hearing at 7:55 p.m. _ Mr. Smithrud, The property owner did not appear. Jean Lindee, 621 7th Avenue South appeared voicing her concerns over the ,abandoned property. She stated that neighbors have tried to discuss 'the problems with Mr. Smithrud to no avail. She also stated that another house across the street is also empty and the same type of activity is going on in that house. Mr. Harmening said that an on going abatement process is being conducted on the Smithrud house. Councilmember Kritzler moved and' Councilmember Shirley seconded the motion to close the public hearing at 8:05 p.m. C~ August 6, 1991 Page 3 A poll of the vote was as follows: Councilmember Anderson, Aye.; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Mayor Berg, Aye. The motion carried unanimously. Councilmember Anderson moved and Councilmember Kritzler seconded the motion to adopt Resolution No. 91-104. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye. Mayor Berg, Aye. The motion carried unanimously. VI. OLD BUSINESS a. CONSIDER ACTION RAMSGATE TOWNHOMES - EAW Staff recommended the following motion: Move to adopt Resolution No. 91-91 determining that there are no significant environmental impacts ar~d an Environmental Impact Statement is not required to be completed for the Ramsgate Townhomes. Jim Kerrigan stated .that the staff had contacted the Minnesota Pollution Control about the noise factor. The Agency took various readings at the site at 9:00 a.m. in August and found that thenoise levels did not exceed permitted levels. Joey Carlson of 435 Hiawatha Avenue passed out additional information to the Council from Mr. Watson and the Mr. Heikkila, Attorney for the group. Archie Carter of 225 West Park Road, Engineer for the group passed out additional information on the property. He stated that the building of Ramsgate has created a change in the run off of the area after a rain storm. If the townhomes were allowed to be built, this would create additional problems with run off. He also requested that Council consider the 75 trees as an asset for the whole City and suggested that the City keep the trees as a Forest Preserve. Malcolm Watson, Appraiser, who was asked by the neighborhood Jones to do an appraisal on the property also appeared before Council. He was also asked to address the neighborhood property values should the town homes be allowed. Mr. Watson stated that he checked on the general and neighborhood and found several empty townhomes. He also stated that the value of the homes would decrease with the building of the townhomes. Leeann Compton, age 11, asked the Council not to allow anyone to cut down the trees. August 6. 1991 Page 4 Neil Heikkila, Attorney for Minnehaha Oaks Subdivision Association, went over his letter to the Council and requested that the Council not allow Mark Jones to build the proposed 12 townhomes. Christopher Hayhoe, Attorney, for Mark Jones, stated that their have been to many delays with issues not relevant to the proposed building of the townhomes. He also stated that Mr. Jones has cooperated in every possible way, and does meet all of the requirements for the building of the townhomes on his property. He also stated that Mr. Jones does have the right to set a price for his property at any sum he deems proper. The plans not only meet the landscaping requirements but exceeds the requirements. Kay Carlson, 435 Hiawatha, also addressed Council.- She asked the Council not to cut down the trees. Councilmember Anderson stated that he is for the trees and environment but must consider the opposite side also. He stated that the City does not need an Environmental Impact Statement. Councilmember Shirley stated that everything is proper and he can not see how the Council can deny mr. Jones the right to develop hi's property. Councilmember Kritzler also feels Mr. Jones is within his right to build but does hate to see the trees cut. Mayor Berg agrees their may be an environmental impact but not one which requires an E.I.S. The big issue is that Mr. Jones is within rights to build on his property. After a great deal of discussion Councilmember Shirley moved and Councilmember Kritzler seconded the motion to adopt Resolution No. 91-91. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Berg, Aye. The motion carried unanimously. b. CONSIDER ACTION - CONDITIONAL USE PERMIT - RAMSGATE TOWNHOMES August 6, 1991 Page 5 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. Approval of this ,motion will allow the applicant to construct 12 townhomes. Mayor Berg stated that the property could be condemned for park purposes but did not feel that the City could justify the expense. After discussion Councilmember Shirley moved and Councilmember Kritzler seconded the motion to have staff and the legal department see what the cost and procedure would be required for condemnation proceedings. Also to check on Urban Forest funds to aid in purchasing the property. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Mayor Berg, Aye. The motion carried unanimously. Councilmember Shirley moved and Councilmember Anderson seconded the motion to continue this item until the 20th of August. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Mayor Berg, Aye. The motion carried unanimously. c. CONSIDER ACTION - PRELIMINARY PLAT - RAMSGATE SECOND ADDITON Staff recommended adoption of the following motion: Move to adopt Resolution No. 91-9 approving the preliminary plat for Ramsgate. Councilmember Shirley moved and Councilmember Anderson seconded the motion to continue this item until the 20th of August. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Mayor Berg, Aye. The motion carried unanimously. d. CONSIDER ACTION - COPREHENSIVE PLAN AMENDMEMT - RAMSGATE 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. August 6, 1991 Page 6 Councilmember Shirley moved and Councilmember Anderson seconded the motion to continue this item until the 20th of August. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Mayor Berg, Aye. The motion carried unanimously. e. CONSIDER ACTION - FIRST READING OF ORDINANCE TO REZONE FORMER MEDALIST PROPERTY 1002 - 2ND STREET N.E. FROM I-2 TO B-1 Staff recommended the following motion: Move to adopt Resolution No. 91-98 approving for first reading Ordinance No. 91-692 for first reading to rezone the property from I- 2, general industrial to B-1, limited business. After a brief discussion Councilmember Anderson moved and Councilmember Shirley seconded the motion to adopt Resolution No. 91-98 approving for first reading Ordinance No. 91-692. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Mayor Berg, Aye. The motion carried unanimously. f. CONSIDER ACTION - AMEND ZONING TO ALLOW CHURCHES IN INDUSTRIAL ZONE Staff recommended that the Council move this item to the August 20, 1991 Council meeting. Councilmember Anderson moved and Councilmember Shirley seconded the motion to move Item f to the August 20, 1991 Council meeting. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Mayor Berg, Aye. The motion carried unanimously. VII. NEW BUSINESS a. DISCUSSION - GROCERY STORE PROJECT On July 30, 1991 the Mayor, City Manager and Community Development Director met with representatives of North Hopkins Community of Concerned Citizens (NHCCC) to receive an overview of the questions and concerns of the group as related to the proposed project. August 6, 1991 Page 7 Mayor Berg went over the schedule for discussion. The schedule was agreed upon by the representatives of the NHCCC and the Mayor, City Manager and Community Development Director. August 6, 1991 Council meeting the NHCCC, and any other interests groups or individuals will be given an opportunity to present their questions, concerns or other information regarding the proposed project. No in depth, lengthy discussion would take place at this time. August 13, 1991 City Council Work Session - 6:30 p.m. An in depth discussion will take place regarding the basic policy issues pertaining to the proposed project. All interested parties/persons will be given and opportunity to present their viewpoints and ask questions. No specific decision will be made as part of this meeting. August 20, 1991 City Council Meeting - During this meeting the City Council would be requested to reaffirm it previous position or take a new position on the proposed project. John Legenhausen appeared before Council on behalf of the NHCCC. Mr. Legenhausen presented the Council with a petition signed by 877 people opposing the project at the proposed site. Mr. Legenhausen also requested that the August 13, 1991 meeting be televised. He presented Council with a list of questions the group would like answered at the August 13, 1991 meeting. Paula Beauchene stated that she liked the small town atmosphere in Hopkins, and was very concerned that the Council was loosing sight of the wishes of the people in favor of the business people in the City. Kitty Alcott wanted answers concerning the LRT agreement and requested a copy of the Resolution No. 91-69. Fran Hesch stated that she sees no merit in this project at the proposed site. Dr. Harry Smith, Chairperson of the Hopkins Business Council stated that the businesses, do support this project and the location. He brought a petition signed by the business people on Mainstreet. Ed Steile, also stated that he felt that project is needed and will help the business district. ~ ~ , a August 6, 1991 Page 8 Karen Alexander - 133 6th Avenue North, asked about the increased vacancies in the downtown area. She stated that the proposed project was not conducive to the downtown atmosphere. Larry Dowell, President of the Twin West Chamber of Commerce, stated that the Chamber does support the City and this project. Mayor Berg stated that the issues are legitimate and conclusions could be different. The questions will be addressed and the staff must pull the information together. He also stated that a copy of the staff report will be given to John Legenhausen. Karen Legenhausen stated that the neighborhood and residents are appalled over the lack of Council's concern for the citizens of Hopkins. She suggested that Tait's look for alternative sites for the project. b. CONSIDER ACTION - SET PUBLIC HEARING - NUISANCE ABATEMENT - 2100 MAINSTREET Staff recommended adoption of the following motion: Move to adopt Resolution No. 91-95 setting a public hearing for September 3, 1991 regarding the abatement of the nuisance at 2100 Mainstreet. John Ronbeck, Attorney, for Mr. Duneman asked for a continuance on the deadline of the abatement. He stated that Mr. Duneman has not been in good health and stress is a factor for his medical condition. He also informed Council that Mr. Duneman's law suit against the Insurance Company is set for trial sometime in the next few weeks and should give Mr. Duneman enough money to take care of the abatement issue himself. He therefore, requested a ninety day delay. After discussion Councilmember Anderson moved and Councilmember Kritzler seconded the motion to adopt Resolution 91-95 setting a public hearing for September 3, 1991. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Mayor Berg, Aye. The motion carried unanimously. VIII. PUBLIC COMMENTS/CONCERNS There were no public comments or concerns. ~ V y } August 6, 1991 Page 9 IX. REPORTS - COMMITTEES/COMMISSIONS Mayor Berg asked the Council to vote on the liaison appointments he has made. Zoning and Planning Commission - Chuck Redepenning Park Board - Chuck Kritzler Chemical Health Commission - Jim Shirley Cable Commission - Bob Anderson Parking Committee - Bob Anderson Business Council - Chuck Redepenning HCP - Jim Shirley Raspberry Festival - Nelson Berg Community Education - Chuck Kritzler Councilmember Anderson moved and Councilmember Shirley seconded the motion to approve the above appointments. A poll of ,the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Mayor Berg, Aye. The motion carried unanimously. Bob Anderson informed Council that a training session was being held for the new members of the Zoning and Planning Commission on August 27, 1991. The Council was invted to attend. X. ADJOURNMENT Councilmember Anderson moved and Councilmember Shirley seconded the motion to adjourn. The meeting adjourned by unanimous consent. Respectfully submitted, Pat Gisborne, Deputy City Clerk COUNCILMEMBERS: