Loading...
09-03-02A regular meeting of the Hopkins City Council was held on September 3, 2002, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, Johnson, and Rowan. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, Yager, Stahmer, Cleve and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:35 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Pat Olson and Bob Samples of the Shoestring Players Board gave an update on community theater, one of the visions for Hopkins' future. The company is currently featuring the play "Spinning into Butter". Loren and Jean Rogneby, owners of a double at 41 /45 I-{arrison Ave and 49 Harrison Ave which are located behind Blake School. In the construction of the stadium and parking lot, all the trees behind their properties were removed and a large retaining wall was constructed. This is causing problems, as the stadium is eye level with their bedroom windows. They are asking the Council to request Blake School to plant trees in an area that would screen and buffer the noise of the stadium from their properties. Terry Rolf, 27 5 6t" Ave N, presented a petition to the Council that was signed by one hundred residents. The petition requests that a 7-ton design be used instead of the 9- ton design that is planned for 5t" Ave N. Gary Peterson, 145 6t" Ave N, stated that he does not want truck traffic on 5t" Ave N. Dan Dolina, 226 5t" Ave N, stated that fumes from diesel exhaust are known to cause health problems. Mr. Dolina said that he did not want to see truck traffic from SuperValu using 5t" Ave N through to Hwy 7. Jennifer Gogia, 102 5t"' Ave N, stated that her family does not want truck traffic on 5t" Ave N; they do not want to loose their quality of life. Ms. Gogia would like to have more than one year's notice that they will have to come up with a large assessment. She felt that the assessment against her property was too high. She suggested thafi the Council revisit the assessment policy. Ben Meinhardt, 101 5t" Ave N, said that he had just moved to Hopkins and remodeled that home that they bought. He thanked City staff for their helpfulness and September 3, 2002 City Council Meeting Minutes Page 1 friendliness during that process. He would not like to see truck traffic increased on 5t" Ave N . John Haddor II, 209 5`" Ave N, said that he is concerned about safety issues, and would not like to see more truck traffic on 5t" Ave N. Lynn Biolick, 320 5t" Ave N, stated that she would not like to see more trucks either. Her main reason for being there is because of the home across the street from her. It is a group home for the mentally handicapped. Ms. Biolick said that they are not being supervised, that they leave the home and walk into neighborhood homes and will not leave. There are too many police calls to the home. Mayor Maxwell said that there will be more meetings on the project and urged all to attend those when they are scheduled. He further stated that the City has no intention of increasing truck traffic on 5t" Ave N. III. OATH OF OFFICE Ron Helgeson was sworn to the office of Park Board Member. IV. REPORTS -COMMITTEES/COMMISSIONS Ross Bartz reported for the Zoning and Planning Commission. The Commission held three public hearings on August 27t". They covered the conditional use permit request for a sign at Alice Smith Elementary School, the conditional use permit request for a special purpose fence that is higher than six feet, and a change of the definition of "porch" in the zoning ordinance. No one came forward to speak at any of the three hearings. The Commission recommended both conditional use permits and the definition. V. PROCLAMATION 1 . Always Remember 9-1 1 Day Mayor Maxwell read a proclamation that remembers the victims and those who gave their lives in service, and that dedicates September 1 1, 2002, as "Always Remember 9-11 Day'°. VI. CONSENT AGENDA 1. Minutes of August 20, 2002, City Council Meeting 2. Minutes of August 27, 2002, City Council Work Session 3. Ratify Prior Month's Disbursements 4. Miscellaneous License Applications September 3, 2002 City Council Meeting Minutes Page 2 5. Second Reading, Franchise Ordinance for Reliant Energy Minnegasco (CR2002-143) 6. Moved to "New Business, No. 8" 7. Appointment of Lana Sierra to Human Rights Commissioner (Memo) Council Member Johnson asked if the miscellaneous license application for the Sinclair Station included gasoline pumps. Ms. Obermaier responded that the applicant said that Sinclair Corp will license the pumps. Council Member Rowan asked if Commission members are required to be Hopkins residents. Mr. Genellie said that the Human Rights Commission and the Chemical Health Commission have members that work in Hopkins, but that are not residents. Council Member Brausen moved and Council Member Jensen seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. PUBLIC HEARING 1. Resolution 2002-82, Approving 2003 Preliminary Levy and Proposed Budget and Setting Hearing Dates (CR2002-145) Ms. Yager explained that the City ,is required to adopt a preliminary levy and set the public hearing dates for final adoption of the budget and levy. The general fund budget increase is projected at $205,639 or a 2.46% change. This is an increase to maintain services at their current level. The City's proposed levy debt is increasing $552,000 over last year. The new facilities are responsible for $500,000 of that amount. Ms. Yager stated that the public hearing will be set for Monday, December 9, 2002, and the continuation hearing, if needed, will be prior to the City Council Meeting on December 17, 2002. Mayor Maxwell opened the public hearing at 8:50. No one came forward. Council Member Brausen moved and Council Member Johnson seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:51 p.m. Council Member Jensen moved and Council Member Johnson seconded a motion to adopt Resolution 2002-82, Approving Proposed 2002 Tax Levy, Collectible in 2003, Adopting a Preliminary 2003 General Fund Budget, and setting Public Hearing Dates. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. September 3, 2002 City Council Meeting Minutes Page 3 VIII. NEW BUSINESS 1. Conditional Use Permit, Alice Smith Elementary School (CR2002-142) The Alice Smith Elementary Playground Committee Is proposing to construct a sign to thank the donors for contributing to the upgrading_of the playground. The sign will be three feet by four feet and will be located on the northeast corner of the playground. The sign will be made of wood and will not be lit. The sign is allowed under current zoning ordinances. The Planning and Zoning Commission recommended approval. Ellen Cousins, member of the Alice Smith Elementary Playground Committee, presented the design of the sign to the Council and thanked them for their support. The playground will be officially opened on Thursday night between 6:30 and 7:30. Council Member Brausen moved and Council Member Johnson seconded a motion to adopt Resolution 2002-79, Approving a Conditional Use Permit to Erect a Sign on the Playground at Alice Smith Elemen6ary School. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Conditional Use Permit, Fence, 275 Cottage Downs (CR2002-148) The applicants, Debra and Charles Goldenberg, have constructed athree-foot retaining wall on the east side of their property. A six-foot wooden fence has been constructed on top of that. The fence encloses a swimming pool. On two corners of the property, the retaining wall and fence end. The applicants would like the fence to be the same height along the entire east side. The zoning ordinance allows for the increased height for a special use fence. The Zoning and Planning Commission recommended approval. Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2002-80, Approving a Conditional Use Permit to Construct a Fence Higher than Six Feet. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. First Reading, Ordinance Amending Porch Definitions (CR2002-144) The proposed definition is the result of a lot of discussion over the past few months. The City Attorney has reviewed the definition and sees no legal problems. The Zoning and Planning Commission recommended the changes. September 3, 2002 City Council Meeting Minutes Page 4 Council Member Brausen moved and Council Member Jensen seconded a motion to adopt Resolution 2002-81, Approving Ordinance 2002-882, Making an Amendment to the Definition of a Porch, for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Approve Single Stream Recycling Contract (2002-149) Steve Stadler said that staff is presenting changes to the services that have been provided. Currently the residents have an 18-gallon bin and separate the paper from container. The recycling is picked up once a week. With the new service, 64-gallon covered containers will be provided. The items will not have to be separated. The collection will be done bi-weekly. The 64-gallon containers can be exchanged for a larger or smaller container. One item is still to be negotiated. A calendar, showing pick-up days, mounted on a magnet could be given to each household. The cost of the magnets is still to be negotiated. Mr. Stadler reviewed the current rates and the proposed increases. Even though the cost will be marginally higher, the system will be less bothersome. Other communities are happy with the system. Staff will begin an education program for the residents. An article will go into the Highlights. Letters from the Council will be sent. There will be a recycling booth at the Fire Department open house. A post card will go out just before the program begins. An information packet will be delivered with the cart. The start date for the exchange is November 4, 2002. Council Member asked if the contract has clause that would require the vendor to take the carts in the event of termination. Staff answered that it did not. Council Member Johnson moved and Council Member Jensen seconded a motion to approve the contract agreement between the City of Hopkins and Waste Management for Recycling Collection Services effective November 1, 2002, through December 31, 2009, as outlined in the attached contract agreement with the addition of a clause requiring Waste Management to pick up the carts in the event of the termination of the contract. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. September 3, 2002 City Council Meeting Minutes Page 5 5. Resolution Giving Preliminary Approval to Multifamily Housing Revenue bonds (re: St. Therese Assisted Care Facility) (CR2002-139) St. Therese is proposing to build an 86-unit assisted living housing project adjacent to their existing facility. They are requesting approval for the issuing of multifamily housing revenue bonds in the amount of approximately $1 1,500,000. The City will not be liable to make any payment should there be a default. If the action is approved, the City would be issuing over ten million in bonds in 2002. This could increase the interest rate slightly on the City TIF/PIR bonds that are scheduled to be sold by an estimated $18,000.. Staff recommended, as a condition, that the applicant make a payment to the City to reflect this additional cost to the City. Mike Pugh, Great Lakes Management, is the property manager for St. Therese. Mr. Pugh answered questions. Mr. Erik Lundeen, Piper Jaffry, representing St. Therese, said that the bonds will be insured by FHA. Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2002-78, authorizing preliminary approval to the issuance of multi- family housing revenue bonds to finance the S6 Therese Southwest Assisted Living Project, subject to staff conditions as detailed in Council Report 2002-139. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 6. Change Order, Lake Street Bridge Project (CR2002-146) The amount of the change order is S 142,210. The amount is for additional work on the project and is owed to the contractor and the subcontractor. Changes to the plans and unknown conditions created the additional work. Paying for these services will have no impact on the unresolved issues. The subcontractor has been waiting a long time to get paid. Council Member Johnson moved and Council Member Rowan seconded a motion to approve additional construction costs in the amount of S 142,210.64 for construction work provided by Lunda Construction Co. and its subcontractors on the Lake Street Bridge reconstruction project. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member- Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. September 3, 2002 City Council Meeting Minutes Page 6 7. First Reading of Moratorium Ordinance on Off-sale Liquor Licenses, Tobacco Licenses, and Itinerant Merchants (Fireworks) (CR2002-133) The Council has, in the last year, been faced with issues concerning the appropriate zoning and location for off-sale liquor sales and tobacco sales and the recent legalization of fireworks. A moratorium gives the Council the opportunity to objectively study these issues without the constraint of having to consider pending license applications. The moratorium will not affect license renewals. Council Member Brausen moved and Council Member Jensen seconded a motion to approve Ordinance 2002-881, establishing a moratorium on the issuance of any new licenses for the sale of off-sale liquor, tobacco, or fireworks. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 8. Second Reading, Ordinance Amending City Code Section 1 165, Adult Establishments (CR2002-147) Steve Stahmer reviewed the two changes that were made to the ordinance in response to comments made by Council Members at the first reading and reviewed the other issues raised at that time. Jerre Miller, City Attorney said that he spoke with Jim Thompson about the issues. Mr. Thompson said that the changes were made to clarify, not change the meaning. Council Members discussed the practicability of enforcement. One event would not likely be enforced. A business with the sole intent of selling sex would be. Council Members and staff discussed the issues. Council Member Rowan felt that subpart 2 of the definition of Adult Cabaret was could apply to legitimate theatre. Council Members and staff discussed the definition of Adult Cabaret. Council Members discussed signs for adult establishments. The question, "would our sign ordinance allow signs that would be offensive or misleading" came up. Mr. Mielke said that staff will review the sign issue. Council Member Rowan moved and Council Member Jensen seconded a motion to approve Ordinance 2002-878 for second reading removing subpart 2 of section 1 165.03, subd.4, approve the summary of Ordinance 2002-878 and order the summary published and posted at the Hopkins Activity Center. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, nay. The motion carried. September 3, 2002 City Council Meeting Minutes Page 7 IX. ADJOURNMENT There being no further business, Council Member Jensen moved and Council Member Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 10:35 p.m. COUNCI EMBERS ATTEST: G%~'~"' Euge a J. axwell, Mayor September 3, 2002 City Council Meeting Minutes Page 8