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08-20-91_~-~ ~ i~ µ ~ _ r f~ + 7 A regular meeting of the Hopkins City Council was held on August 20, 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, Gustafson, Schedler, Kerrigan, N. Anderson and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Berg called the meeting to order at 7:30 p.m. II. SPECIAL ORDER OF BUSINESS a. Mayor Berg presented plaques to the legislators and citizens who assisted with the 7th Avenue landfill project. The first plaque was given to the representatives of the Westbrooke Patio Homes Association. Julie Malsom, President, accepted for the Association. She thanked the Council, Steve Mielke and Jim Gessele for the outstanding job they did in solving and repairing the Landfill situation. She also stated that the lines of communication were always open and the Association was informed at all times of the progress. Mayor Berg presented State Representative Sally Olsen with a plaque of appreciation for the outstanding job she and Senator Mondale did in getting state funds to assist in the cost of the landfill project. Ms. Olsen thanked the Council for the plaque and said that her job was to assist her constituents and she was happy she could serve them in this way. She also stated that this was her f first award and she was very touched by it. Mayor Berg stated that Senator Mondale's plaque would be forwarded to him with thanks and appreciation from the City for his assistance in the above matter. b. Certification of recognition - Jennifer Reiss Mayor Berg presented nine year old Jennifer Reiss with a certificate of recognition. Jennifer has been selected as the Miss Minnesota Pre-teen. She will represent the State in the Miss Pre-teen finals in the fall. Jennifer introduced herself and thanked the Council for the award. August 20i, 1991 Page 2 III. CONSENT AGENDA 1. APPROVAL OF THE AUGUST 6, 1991 REGULAR MEETING MINUTES 2. APPROVAL OF DISBURSEMENTS, PRELIST NO. 868 3. APPROVAL OF MISCELLANEOUS LICENSES 4, APPROVE WATER PLANT ROOFING RECONSTRUCTION BIDS 5. ORDER PUBLIC HEARING - LRT DESIGN PLANS 6. APPROVE CHANGE ORDER #7 LANDFILL PROJECT 7. APPROVE SPECIAL NEEDS HOUSING PROGRAM APPLICATION 8. AUTHORIZE MAYOR AND MANAGER TO SIGN PROPERTY INFORMATION SYSTEM AGREEMENT WITH HENENPIN COUNTY 9.~ APPROVE OUTDOOR RECREATION GRANT APPLICATION AND RESOLUTION NO. 91-109 Councilmember Redepenning moved and Councilmember Kritzler 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. IV. OLD BUSINESS a. CONSIDER ACTION - SECOND READING OF ORDINANCE TO REZONE MEDALIST PROPERTY 1001 2ND STREET N.E. FROM I-2 TO B-1. Staff recommended adoption of Ordinance No. 91-691 for second reading and ordered published. This ordinance would rezone 1002 2nd Street N.E. from I-2 to B-1. The rezoning of this property will allow Living Waters Christian Church to use the property for a church. Councilmember Anderson moved and Councilmember Shirley seconded the motion to adopt Ordinance No. 91-691 for second reading and order published. 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. August 20, 1991 Page 3 b. CONSIDER ACTION - SECOND READING OF ORDINANCE TO AMEND ZONING ORDINANCE TO ALLOW CHURCHES IN INDUSTRIAL ZONE Staff recommended that the second reading for Ordinance No. 91-682 to allow churches in the I-2 district by conditional use permit be denied. If the rezoning of the subject site is approved, Ordinance No. 91-682 which would allow churches in the I-2 district will not be needed. Councilmember Anderson moved and Councilmember Shirley seconded the motion to deny Ordinance No. 91-682. 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. DISCUSSION OF CONDEMNATION PROCEDURES TO OBTAIN PROPERTY Tom Harmening gave a brief report on the necessary procedures to acquire the Ramsgate townhouse site with the use of eminent domain. He also said that the Park Board had stated that they would like to see the property purchased but not with money already designated for the Parks from the referendum. Larry McNeff submitted a check to the City of Hopkins for $10,000 to begin ,the eminent domain proceedings. He explained to the Council that the group is in the process of fund raising~to purchase the property. He also submitted an additional 400 signatures to add to their petition. Joey Carlson suggested that the group could help the City in finding funds to purchase the property. Mr. Carlson also passed around an arrowhead that was found on his property. He said that perhaps the area is an Indian Burial Ground. Mr. McNeff said he shudders over rain predictions because they have had flooding problems. These problems have occurred before and after Ramsgate was built. Archie Carter, Engineer on the project for the Association passed out, a report with flood information. He felt that cutting of the trees would increase the danger of f looding in the area. ' August 20, 1991 Page 4 Neil Heikkila, Attorney for the Association, stated that the real problem seems to be money. He asked the Council to give the group time to raise the funds. He also requested that the Council establish an Urban Forest Program and Committee. Christopher Hayhoe, Attorney for Mr. Jones, stated that Mr. Jones project is attractive and an appropriate buffer between the high rise apartments and the single family homes. He also stated that Mr. Jones is not expecting a windfall from the property as the property is not for sale. Mr. Hayhoe said that the delays have been costly for Mr. Jones and he would like to see the Council reach a decision in favor of Mr . Jones . Mayor Berg stated that a Forest Committee would be a good idea and that he would have staff look into it at a later date. He is not convinced that the entire City would benefit from the acquisition of the property and that at the present time the City can not bear the additional expense of eminent domain proceedings. Mr. Redepenning was very sorry over the situation but he also felt that the project was too costly when it would not benefit the entire population of Hopkins. Councilmember Kritzler stated that he agreed with Councilmember Redepenning. Councilmember Anderson moved to begin eminent domain proceedings and enter into negotiations for purchasing the property. Councilmember Kritzler seconded the motion. During discussion Mayor Berg once again stated that he opposed the eminent domain proceedings and that the City could not afford the expense. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Nay; Councilmember Kritzler, Aye; Councilmember Redepenning, Nay; Mayor Berg, Nay. The motion did not carry. d. CONSIDER ACTION - CONDITIONAL USE PERMIT - RAMSGATE TOWNHOMES Staff recommended the following Resolution No. 91-07 approving the construct 12 townhomes on the Cambridge. Arlene Dixon, representing Mark Council to show plans for the town] motion: Move to adopt conditional use permit to corner of Hiawatha and Jones, appeared before tomes. August 20, 1991 Page 5 Mayor Berg asked that the landscaping plan should show which trees would be designated for saving. He also stated that every tree which shows that it will be saved must be saved. He also stated that Mr. Jones must minimize the loss of the trees and improve the landscaping with subsequent approval of the landscaping by the Council. Lisa Benson of 409 Hiawatha said that her property is in the flood plain and that her property has flooded. If her property should flood again she wanted to know who she should call for help. Mr. McNeff and Mr. Carter are opposed to the ponding that is planned to address the flooding problem. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to have staff look at remedies to alleviate the run off from the Ramsgate Apartments to Cambridge as a separate 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. Once again Mr. Heikkila asked Council to minimize the loss of trees and consider the impact on the existing trees when construction begins. He requested that the Council delay action on the granting of the CUP. Councilmember Redepenning moved and Mayor Berg seconded the motion to adopt Resolution No. 91-7 approving the Conditional Use Permit with 15 conditions. The additional or amended conditions being: 7. That the parking area be allowed to be used by the townhomes for overflow parking with a designated 12 spaces for the townhomes in the outlot. 8. That the developer is responsible for the maintenance of the ponding area, and such maintenance responsibilities as determined by the City shall be recorded on the storm sewer easement, or on a document recorded with the County against the subject property. 13. That the staff review the landscape plan with the developer to determine possible ways the plan can be~ improved through the retention of existing trees, including protection measures, and~the replanting of new trees. August 20, 2992 Page 6 14. If the developer receives federal assistance for the project, the requirements of section 106 of the National Historic Preservation Act of 1966 and 36FR800 must be met by the Developer. 15. That no grading and removal of trees occur until the City Council approves the landscape plan and the proper permits are secured. 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. e. CONSIDER ACTION - PRELIMINARY PLAT - RAMSGATE SECOND ADDITION Staff recommended approval of the following motion: Move to approve Resolution No. 91-8 approving the preliminary plat for Ramsgate second addition. Councilmember Kritzler moved and Councilmember Anderson seconded the motion to adopt Resolution No. 91-8. 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. f. CONSIDER ACTION - COMPREHENSIVE PLAN AMENDMENT RAMSGATE TOWNHOMES 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. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to approve Resolution No. 91-9. 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 - RAMSGATE SANITARY SEWER Staff recommended adoption of the following motion: ~ Move that Council adopt Resolution No. 91-42 accepting preliminary report and ordering sanity sewer improvements at Ramsgate Apartments. August 20, 1991 Page 7 This action will continue a sanitary sewer improvement project at the Ramsgate Apartment site. ,Plans and specifications would be developed for Council approval. After discussion Councilmember Shirley moved and Councilmember Anderson seconded the motion to adopt Resolution No. 91-42. 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. DISCUSSION - GROCERY STORE PROJECT Staff recommended adoption of the following motion: Authorize staff to study feasibility and implications of various design alternatives for project site between 6th and 8th Avenue north of Mainstreet. Under this action, staff would look at alternatives including a reduction in the size of the project to reduce penetration into the residential area. Mayor Berg gave a synopsis of the previous meeting on August 14, 1991. He proposed a committee consisting of three representatives of the neighborhood group and two representatives from the Business Council to work with City staff. He suggested at some time in the future that the group meet with the homeowners who might lose their homes and go over the process and communicate with them what would take place should this happen. Karen Legenhausen asked the Council why they were considered new business when this item had been on the agenda before. She requested that the next time the group meets with Council that they be placed earlier on the agenda.. She also presented the Mayor with 62 new signatures bring the total at this time to 1043. She thanked the Mayor and Council for the cooperation they had received. August 20, 1991 Page 8 Gil Johnson said that he had checked the petition that the ;Business group had put out and found it incorrect. He said that 92 business people had signed the petition, 58 people who live in Hopkins and 32 who live elsewhere. He also asked the Mayor if homes can be condemned under eminent domain. The Mayor stated yes they could under certain circumstances. Karen Alexander also appeared and stated that she would like to be on the committee. She felt that before any construction or homes were moved that the City needed a definite answer from the County on the LRT situation. She suggested that the staff and committee continue to look for alternate sites. After discussion Councilmember Shirley moved and Councilmember Kritzler seconded the motion to authorize staff to study feasibility and implications of various design alternatives for project site between 6th and 8th Avenue north of Mainstreet. 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. DISCUSSION - CLOCK TOWER ON MAINSTREET Staff recommended that Council approve the general design parameters, and authorize preparation of f final specifications for the Clock Tower to be placed on Mainstreet. Councilmember Anderson moved and Councilmember Shirley seconded the motion to approve the design and authorize preparation of final specifications. 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. DISCUSSION - TENT DANCES Staff recommended adoption of the following motion: Move to authorize the use of lot 300 for the 1991 Heritage Festival activities and tent dance. Adoption of this motion will allow Hopkins Community Promotions and the Hopkins Jaycees to use lot 300 (adjacent to Downtown Park) for the Heritage days celebration. August 20, 1991 Page 9 Dick Stanley, representing the Hopkins Community Promotions, appeared before Council to tell of the plans for the use of Lot 300. He stated that only the west side of the lot would used for the tent, leaving the east side for parking. Lee Gustafson asked him to look into using some alternative way of securing the tent rather than heavy stakes. He stated that the lot had recently been repaved and he was not happy that huge stakes would be pounded in on the lot. After discussion Councilmember Anderson moved and Councilmember Shirley seconded the motion to approve the use o f Lot 3 0 0 f or the Tent . 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 - RESOLUTION APPROVING PROPOSED TAX LEVY PRELIMINARY 1991 BUDGET AND SETTING PUBLIC HEARING DATES Staff recommended adoption of the following motion: Move to adopt Resolution No. 91-106 approving proposed 1991 tax levy collectible in 1992, adopting the preliminary 1992 budget, and setting public hearing dates. Adoption of this resolution will enable compliance with the "Truth in Taxation" law enacted by the Minnesota legislature. Mr. Mielke went over the proposed Resolution with the Council. Mr. Schedler asked the Council to set a date in December for final approval of `'the budget. The Resolution stated that the date would be December 4, 1991 for finalization should an additional meeting be necessary. After discussion Councilmember Anderson moved and Councilmember Redepenning seconded the motion to adopt Resolution No. 91-106. 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. s ~~ w August 20, 1991 Page 10 e. CONSIDER ACTION - MORATORIUM - RELIGIOUS INSTITUTIONS Staff recommended adoption of the following motion: Move to approve Resolution No. 91-107 approving Ordinance No. 91-693 for f first reading establishing a moratorium on religious Councilmember Redepenning moved and Councilmember Shirley seconded the motion to adopt Resolution No. 91-107 and approve Ordinance No. 91-693 for first reading. 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. f. CONSIDER ACTION - MAETZOLD FIELD PURCHASE AGREEMENT Staff recommended adoption of the following motion: Move to authorize staff to develop a purchase agreement with Hopkins School District No. 270 for the purchase of Maetzold Field. Staff is recommending that the Council authorize staff to develop a purchase agreement which details the purchase price for the property and also contains necessary contingencies which both the School District and the City need in order to accommodate their respective goals. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to authorize City staff to develop a purchase agreement with Hopkins School District No. 270 for the purchase of Maetzold Field. 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 - FUTURE MEETINGS AGENDA The City Council has had a variety of long and difficult issues which have required and extraordinary amount of time for discussion and review/overview. Because of these special issues, Mr. Mielke recommended that additional time for discussions on miscellaneous topics be scheduled. The options for additional dates would include meeting early at each of the meetings in September to cover miscellaneous topics and it may also be necessary to set aside one additional day during the first three weeks of September for more in-depth discussion. ~.,, August 20, 1991 Page 11 Councilmember Shirley moved and Councilmember Anderson seconded the motion to set the schedule at 6:00 p.m. September 3, 10, 17, and an additional meeting on September 11th at 6:00 p.m. 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. VI. PUBLIC COMMENTS/CONCERNS Don Milbert addressed the Council. He stated that he had been home watching the Council meeting and could not hear the Councilmembers or the public when they spoke. The only one you could hear clearly was Mayor Berg. He requested that people be instructed to speak clearly into the microphones so the television audience could hear them. VII. REPORTS - COMMITTEES/COMMISSIONS There were no reports. VIII. 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 1~