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12-11-90A regular meeting of the Hopkins City Council was held on December 11, 1990 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, Thiel, Harmening, Gessele, Schedler, Kerrigan and City Attorney Jerre Miller. \ I · CALL TO ORDER Mayor Berg called the meeting to order at 7:46 p.m. II. CONSENT AGENDA · · · APPROVAL OF THE NOVEMBER 20, 1990 REGULAR MEETING MINUTESS APPROVAL OF DISBURSEMENTS, PRELIST 850 APPROVAL OF MISCELLANEOUS LICENSES APPROVE CONCEPT - PINES MOBILE HOME PARK REDEVELOPMEMT PROJECT (as per HRA approval) APPROVAL GAMBLING APPLICATION - ELKS CLUB APPROVE ASSIGNMENT OF LEXINGTON PARKING AGREEMENT APPROVE EMERGENCY OPERATIONS PLAN After a brief discussion concerning an additional condition of having the developer resolve the configuration of the housing portion of the project for the Pines Concept Review, Councilmember Redepenning moved and Councilmember Anderson seconded the motion to approve the consent agenda including the additional condition stated above. 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. (a) PUBLIC HEARINGS 1991 BUDGET AND LEVY (Continued from November 20, 1990) Staff recommended adoption of the following motion: Move that Resolution No. 90-147 "Approving 1990 Tax Levy, Collectible in 1991, and Adopting the 1991 Budget" be adopted. Adoption of this resolution will enable compliance with the "Truth and Taxation" law enacted by the Minnesota legislature for levy year 1990. December 11, 1990 Page.2 Mr. Mielke gave a brief summary of the proposed budget. Mayor Berg opened the public hearing at 7:55 p.m. Several people voiced their concerns over the budget. After discussion Councilmember Anderson moved and Councilmember Kritzler seconded the motion to close the public hearing at 8:28 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. Mayor Berg explained to the public that State aid will probably be cut and the city is trying to set up contingency plans to cut the budget at a later date. The Council discussed Service Organization Funding. Staff recommended cutting in some areas. Councilmember Redepenning felt that the City should continue to help fund the Childs Play Theatre Company. Mayor Berg suggested that the City give $1,000. After discussion Councilmember Redepenning moved to accept the funding of the various organization as recommended by staff including the Childs Play Theatre Company for $1,000. Councilmember Kritzler seconded the motion. A poll of the vote was as follows: Councilmember Anderson, Nay; Councilmember Shirley, Nay; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried. Dick Stanley made a presentation on behalf of the Hopkins Community Promotions. The group had asked for $15,000 to continue their programs. After discussion Councilmember Anderson moved and Councilmember Redepenning seconded the motion to give HCP $10,000 with a prepayment in January of half of the funds with the balance in July, 1991. 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. December 11, 1990 Page 3 After additional discussion of the budget Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to adopt Resolution No. 90-174 amended to reduce both the proposed budget and levy by $17,000. Councilmember Anderson and Councilmember Shirley were very concerned about reducing the budget at this time. Should it be necessary to cut at a later date they both felt that the proposed $17,000 would be needed at that time to make the adjustment. A poll of the vote was as follows: C. ouncilmember Anderson, Nay; Councilmember Shirley, Nay; Councilmember Kritzler, Aye; Councilmember Redepenning Aye; Mayor Berg, Aye. The motion carried. (b) PUBLIC HEARING - STREET IMPROVEMENTS - CAMPBELL DRIVE Staff recommended the following motion: Move that Council accept the feasibility report as ordered on November 20, 1990, and adopt Resolution No. 90-144 ordering improvement after a public hearing be adopted. This action will continue an assessable project on Campbell Drive. Plans and specifications will be developed and bids solicited for construction in the summer of 1991. Mr. Gessele informed the Council that the assessment was no longer an issue as all properties would be assessed equally. After the Council discussed the recommendation, Fran Hagen of Westwood presented the feasibility report. Mayor Berg opened the Public Hearing at 10:00 p.m. John Strojan appeared before Council to restate his objections on the process of the preparation of the resolution and public hearing. Roger Johnson also appeared before Council to say that he had been unable to contact Keith Carstens and Cecil Kloss when he carried the petition around Campbell drive for.the necessary street repairs. Hearing no more comments Councilmember Redepenning moved and Councilmember Anderson seconded the motion to close the hearing. December 11, 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. The hearing was closed at 10:25 p.m. Councilmember Redepenning moved and Councilmember Shirley seconded the motion to adopt Resolution No. 90-144 ordering the improvement. 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. OLD BUSINESS (a) CONSIDER ACTION - ORDINANCE DECLARING A MORATORIUM ON RADIO ANTENNAE/TOWERS Staff recommended that the Council move to approve Ordinance No. 90-669 for second reading and order published. After a brief discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to adopt Ordinance No. 90-669 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. (b) CONSIDER ACTION - ADDITIONAL REFUSE COLLECTION SERVICES AND CHARGES Staff recommended that Council adopt extra refuse collection service policies for 1991 and adopt Resolution No. 90-138 establishing extra refuse collection service charges for 1991. Jon Thiel explained the need for the additional charges. After discussion Councilmember Redepenning moved and Councilmember Shirley seconded the motion to adopt the extra refuse collection service policies for 1991 and adopt Resolution No. 90-138. × 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. December 11, 1990 Page 5 V. NEW BUSINESS (a) PUBLIC HEARING TO CORRECT OMISSIONS - MAINSTREET RECONSTRUCTION Staff recommended the following motion: Move that Council adopt Resolution No. 90-145, Resolution calling for hearing to correct an omission on Mainstreet reconstruction. This action will correct a staff oversight in the preparation of mailed notices to owners of abutting parcels on Mainstreet in regard to the original public hearing on Mainstreet reconstruction convened September 18, 1990. After discussion Councilmember Shirley moved and Councilmember Anderson seconded the motion to adopt Resolution NO. 90-145 and set January 8, 1991 for a hearing date. 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 - PROPOSED INCREASE TO STORM SEWER FEES Staff recommended adoption of the following motion: Adopt Resolution No. 90-146 increasing storm sewer utility rates effective on billings rendered from and after February 1, 1991. After discussion Councilmember Redepenning moved and Councilmember Shirley seconded the motion to adopt Resolution No. 90-146. 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 - PROPOSED SANITARY SEWER RATE INCREASE ~ Staff recommended that the Council move to approve first reading of Ordinance 90-670 "An ordinance establishing Sanitary Sewer Rates for 1991 and amending section 715.07 of the 1986 Hopkins Code of Ordinances. December 11, 1990 Page 6 Councilmember Anderson moved and Councilmember Redepenning seconded the motion to approve for first reading Ordinance No. 90-670. 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 - VARIANCE' 121 BLAKE ROAD - GARAGE Staff recommended approval of the following motion: Move to adopt Resolution No. 90-142 denying the 6.5 foot side yard setback variance at 121 Blake Road South. Approval of this motion would not allow the applicant to construct an addition as proposed. Staff recommended denial because the property does not have an undue hardship to warrant the variance. The Zoning and Planning Commission voted to approve Resolution No. RZ90-18 recommending denial of the 6.5 foot side yard variance. Mr. Kelly appeared before Council to show the outline of the attached garage he would like to add to his home. He explained his reasons for wanting to make this addition. Mr. Kelly and City Atorney Miller discussed matters pertaining to a recent court case regarding a variance. After discussion Councilmember Anderson moved and Councilmember Redepenning seconded the motion to refer this item back to Zoning and Planning such that the request, including the recent court case can be reexamined. 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 - MARCUS CORPORATION AGREEMENT AMENDMENT - WELL SITE Staff recommended adoption of the following motion: Amend the agreement between the City of Hopkins and Marcus Corporation dated August 20, 1990 for the redevelopment of the City owned property on the northwest corner of Blake Road and Second Street N.E. as recommended by staff. Approval of this action would provide for an extension to the Redevelopment Agreement until March 4, 1991 as requested by Marcus Corporation. December 11, 1990 Page 7 Marc Senn appeared before Council to explain the need for the extension. Councilmember Anderson questioned the need for extending the dead line. He felt that the deal had been made and Mr. Senn had ten months in which to make his arrangements. After discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to approve the extension until March 4, 1991 per staff recommendation. 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 - LRT PRELIMINARY DESIGN PLANS Staff recommended adoption of the following motion: Move to order a public hearing for 7:30 p.m. on January 8, 1991 regarding the preliminary design plans for the Southwest LRT Corridor. Councilmember Kritzler moved and Councilmember Redepenning seconded the motion to order a public hearing for 7:30 p.m. on January 8, 1991. 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 - CHANGE IN PARKING TIME LIMIT ALLEY NORTH OF RAMP The Parking Committee recommended adoption of the following motion: Move to re-designate the spaces to the east of the dumpster enclosure north of the parking ramp, from 30 minutes to 3 hour parking. After discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to re-designate the spaces to the east of the dumpster enclosure, north of the parking ramp, from 30 minutes to 3 hour parking with staff to monitor the new parking arrangement to make sure it is not abused with regard to employee or delivery truck parking. If abuses do occure the matter should be brought back to the City Council for review. December 11, 1990 Page 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. (h) CONSIDER ACTION - RENEWAL OF LIQUOR LICENSES Staff recommended adoption of the following motion: Move that the Hopkins City Council approve the annual renewal of liquor licenses for the year of 1991. Councilmember Redepenning moved and Councilmember Shirley seconded the motion to approve the Liquor Licenses for the year of 1991 excluding Item No. 6. 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 There were no public comments. VII. REPORTS - COMMITTEES/COMMISSIONS The Mayor reminded the Council and the Public to be sure an attend the open house of the pavilion. Councilmember Redepenning said that he and Tom Harmening would keep on top of the Design committee and report back to Council. Mr. Mielke reminded the Council of the Twin West luncheon on Thursday. December 1~, 1990 Page 9 VIII. ADJOURNMENT Councilmember Anderson moved and Councilmember Redepenning seconded the motion to adjourn. The meeting adjourned by unanimous consent. Respectfully submitted, P~t Gisbdrne, Deputy City Clerk Nelson w. Berg, Mayor~J .