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08-21-90A regular meeting of the Hopkins City Council was held on August 21, 1990 in the Council Chambers of Hopkins City Hall. Present were Mayor Berg, Councilmembers Anderson, Shirley, Kritzler and Redepenning. Also present were city staff Mielke, Genellie, Thiel, Gessele, Kerrigan, Schedler, E. Johnson, Bodmer and City Attorney Jerre Miller. I · CALL TO ORDER Mayor Berg called the meeting to order at 7:45 p.m. II. SPECIAL ORDER OF BUSINESS (a) PRESENTATION - SHAYNE CURTIS Shayne Curtis was awarded the City Manager's Award for Excellence by City Manager Steve Mielke. Shayne donated over a 100 hours of his off duty time to assist Officer Wiborg and Thundar in the K-9 training program. This assistance paid off with Officer Wiborg and Thundar receiving first place in the article search category. (b) PRESENTATION - LIFEGUARDS Four Shady Oak Beach lifeguards were awarded a 1990 Honor Deed Award. These awards are in recognition of outstanding action in the endeavor to preserve human life by exercising humanitarianism, calmness and judgement and use of accident prevention knowledge, training and experience. The award winners names are: John Armour, Jon Schultz, David Cauley and Jill Nelson. III. CONSENT AGENDA · · 3. 4. 5. 6. 7. APPROVAL OF THE AUGUST 7, 1990 REGULAR MEETING MINUTES APPROVAL OF THE JULY 17, 1990 WORKSHOP MINUTES APPROVAL OF THE AUGUST 14, 1990 WORKSHOP MINUTES APPROVAL OF DISBURSEMENTS, PRELIST 843 APPROVE RESOLUTION ADOPTING PROPOSED HRA BUDGET LEVY APPROVE STATE AID CIP APPROVE JUDGES FOR SEPTEMBER 11 PRIMARY Councilmember Anderson moved and Councilmember seconded the motion to approve the Consent Agenda. Shirley 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 21, 1990 Page 2 IV. PUBLIC HEARING (a) PROPOSED GRANT APPLICATION - MN DEPT OF TRADE Staff recommended that the Council move to approve Outdoor Recreation Grant Application and adopt Resolution No. 90-96. This action will allow staff to submit the Outdoor Recreation Grant Application to the Minnesota Department of Trade and Economic Development. Adoption of the resolution is necessary in order the City to apply for the grant. Kathy Bodmer presented the report on the grant. Taubr was also present to answer questions. Marcia Mayor Berg opened the Public Hearing at 7:58 p.m. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to close the public hearing at 8:03. 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. After discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to adopt Resolution No. 90-96 and approve the grant application. 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. Vo OLD BUSINESS (a) CONSIDER ACTION - CONDITIONAL USE PERMIT - MARCUS CORPORATION Mayor Berg removed himself from the Council table due to a conflict of interest. Staff recommended approval of the following motion: Move to adopt Resolution No. 90-68 approving the Conditional Use Permit to allow construction of a 6600 square foot building at 302 Blake Road. August 21, 1990 Page 3 The applicant is in the process of purchasing the well site on Second Street and Blake Road from the City. The applicant is proposing to construct a 6600 square foot building for retail. Mark Senn was present to show the Council the tentative plans and materials being planned for the retail center. After discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to approve the CUP. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye. The motion carried. Mayor Berg returned to the Council table. (b) CONSIDER ACTION - 2ND READING OF ORDINANCE NO. 98-698 - SOLID WASTE Staff recommended the following motion: Move that the Hopkins City Council approve Ordinance No. 90-685 for second reading and order published. This action will amend Section 605 of the Hopkins City Code to require that all residents and businesses in the City have the opportunity to recycle. Councilmember Anderson moved and Councilmember Shirley seconded the motion to approve Ordinance No. 90-685 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° VI. NEW BUSINESS (a) CONSIDER-ACTION - ROADWAY POLICY Staff recommended adoption of the following motion: Move to instruct staff to incorporate the Mayor's proposed language into the Council's Policy on roadway improvements. Adoption of this motion will result in resolution of the remaining items left unresolved in the Roadway Improvement Policy. Councilmember Shirley moved and Councilmember Anderson seconded the motion to reconsider the necessity of the roadway policy. August 21, 1990 Page 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. Randy Engel appeared before Council on behalf of the Knollwood Association. He approved the first 3 steps but felt the City should pay 40% of costs for the street reconstruction. Dick Nieman - Hobby Acres questioned the benefits of asphalt against concrete curb and gutter as well as the cost difference. Jon Thiel explained that the concrete curb and gutter were superior and if tile would be necessary on the asphalt edge, the cost would be comparable. Andre Latondresse told the Council that the new policy is excellent in its sensitivity. He also had questions on the assessments. Mayor Berg informed him that their would be a Public Hearing on Hobby Acres September 4, 1990 and all questions on the assessments would be answered at that time. After discussion Councilmember Shirley moved and Councilmember Kritzler seconded the motion to incorporate the Mayor's proposed language into the Roadway Policy. 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 - PARKING RESTRICTIONS - LOT 500 The Parking Committee recommended adoption of the following motion: For a trial period of 90 days, redesignate Lot 500 for no parking 10:00 p.m. - 5:00 a.m. with the exception of 20 spaces for Tait's Grocery which will be designated as customer only parking. After the 90 day trial period the Committee should review the request for permanent placement. The Police Department should actively research the loitering ordinance and report at the end of 90 days. Chief Johnson, Captain Liddy and Sergeant Neff addressed the Council concerning the vandalism and congregation of teenagers and young adults in this lot. They cited the continuous problems at this location. After discussion Councilmember Redepenning moved and Councilmember Anderson seconded the motion to redesignate Lot 500 for a trial period of 90 days for no parking 10:00 p.m. - 5:00 a.m. keeping 20 spaces for Taits Super-Valu. August 21, 1990 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. (c) DISCUSSION - DOWNTOWN LOITERING Chief Earl Johnson asked for comments concerning the problems relating to the loitering and vandalism. He informed Council about the people that loiter on the lot and harass the customers going in and coming out of the businesses, citing stolen groceries, people sitting on cars, and verbal abuse. Dr. Harry Smith and Mary Lou Henderson both commented on how abusive these people are. Sergeant Neff said that the lot is a continuous headache for the police officers. After further discussion the Council thanked the officers for their continued efforts in addressing this matter. (d) CONSIDER ACTION - SET HEARING TAXABLE BOND ISSUE HARLEY HOPKINS Staff recommended adoption of the following motion: Set public hearing for September 18 to consider resolution giving preliminary and final approval to taxable revenue bond for construction of school facility on Harley Hopkins property. The Hopkins School District is proposing to demolish the existing Harley Hopkins building and construct a new school facility on the site. Told Development will construct and own the building and have a lease/purchase agreement with the School District. Because of statutory constraints, the School District is unable to issue a bond and requested the City to issue a revenue bond in the amount of $2,500,000 to finance the construction of this building. Representatives of Told Development, Piper Jaffrey and the School District were present to answer questions. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to set a public hearing for a taxable bond issue for Harley Hopkins on September 18, 1990 and to consider a resolution. 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 21, 1990 Page 6 (e) CONSIDER ACTION - ADOPT RESOLUTION PROPOSED LEVY AND BUDGET Staff recommended adoption of the following motion: Move that Resolution No. 90-92 approving proposed 1990 Tax Levy Collectible in 1991, Adopting the Preliminary 1991 Budget, and Setting Public Hearing Dates, be adopted. Adoption of this resolution will enable compliance with the Truth in Taxation law enacted by the Minnesota legislature for levy year 1990. John Schedler addressed Council explaining the need to set the tax levy at the limit. During the budget process, staff will identify alternative areas in which to lower the tax levy. Once the tax levy is set you can not increase the amount of levy but the City can lower it. After discussion Councilmember Redepenning moved and Councilmember Anderson seconded the motion to adopt Resolution No. 90-92 and set a Public Hearing date for November 20, 1990 and if necessary reconvening on December 11, 1990. A poll of the 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 - MAINSTREET FEASIBILITY STUDY Staff recommended the following motion: Move that Council accept the feasibility report as ordered on February 6, 1990, and that Resolution No. 90-95 be adopted calling for a hearing on Mainstreet Improvement. This action continues the process of proposed reconstruction of Mainstreet from Shady Oak to Washington Avenue. Mr. Koppy of Westwood Professional Services, Inc. was present to go over the report with the Council. After the presentation and discussion Councilmember Shirley moved and Councilmember Anderson seconded the motion to accept the feasibility and adopt Resolution No. 90-95 calling for a hearing on September 18, 1990. 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. August 21, 1990 Page 7 (g) CONSIDER ACTION - TRAFFIC STUDY - T. H. 7 FRONTAGE ROAD AT 12TH AVENUE Staff recommended the following: Move that Council accept a Phase I traffic study of the T.H. 7 Frontage Road connection at 12th Avenue North and direct staff to place an improvement project for this site on the city's 1991-95 Capital Improvements Program. Mitch Wonson of Benshoof & Associates, Inc. was present to go over the findings and recommendations. After discussion Councilmember Anderson moved and Councilmember Redepenning seconded the motion to accept Phase I of the traffic study of the T.H. 7 Frontage Road and direct staff to place an improvement project for this site on the City's 1991-95 CIP program. 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 - SUB-RECIPIENT AGREEMENT - 1990 CDBG PROGRAM FUNDING Staff recommended adoption of the following motion: Adopt Resolution No. 90-93 authorizing execution of a Joint Cooperation Agreement with Hennepin County to participate in the 1990 Urban Hennepin County Community Development Block Grant Program. Once adopted, a certified copy of the resolution and the executed agreements will be returned to Hennepin County. Jim Kerrigan explained the need for the agreement. Grace Norris and Jane Sutherland were present to offer information to the Council concerning the City's participation. After discussion Councilmember Redepenning moved and Councilmember Anderson seconded the motion to adopt Resolution No. 90-93. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzlerf Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. VI. PUBLIC COMMENTS/CONCERNS Their were no public comments. August 21, 1990 Page 8 VII. REPORTS - COMMITTEES/COMMISSIONS Mayor Berg reminded the Council to contact Jean Kaeding if they are planning to attend the winter conference. 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 Nelson W. Berg, Mayor//