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09-21-99A regular meeting of the Hopkins City Council was held on September 21, 1999, in the Council Chambers of the Hopkins City Hall. Present were Mayor Redepenning and Council Members Maxwell, Jensen, Hesch, and Johnson. Also present were staff members Mielke, Genellie, Stadler, Tom Anderson, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Redepenning called the meeting to order at 7:32 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. REPORTS -COMMITTEES/COMMISSIONS Terry Sweeney, Chair of Chemical Health Commission, reported for the Commission. Mr. Sweeney said that as a result of the poor outcome of the liquor compliance checks done in 1998, Council directed the Chemical Health Commission to work with liquor licensees and establish educational aids for those licensees. The Commission has been working on seminar geared to prevention of sales of liquor and tobacco to minors. They have also been working on a handbook to give to all that attend the seminar. IV. CONSENT AGENDA 1. September 7, 1999, Regular City Council Meeting Minutes 2. August 10, 1999, Work Session Meeting Minutes 3. August 17, 1999, Work Session Meeting Minutes 4. Adopt Business Subsidy Criteria (CR99-166) 5. Approve Raspberry Festival Gambling Licenses (CR99-169) Council Member Hesch moved and Council Member Maxwell seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, eye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. V. OATH OF OFFICE 1. Chemical Health Commission Koreen Wallis and Sue Steinman gave the oath of office for the Chemical Health Commission. September 21, 1998 City Council Meeting Minutes Page 1 2. Police Civil Service Commission Michael Gerdts gave the oath of office for the Police Civil Service Commission appointment. VI. PUBLIC HEARING 1. Nuisance Abatement Hearing, 133-12~' Ave S (CR99-168) Tom Anderson said that the owner of the property, Mr. Dale Wojcik, has cleaned the property. There are just a few items that Head to be cleaned up. Council Member Johnson asked about the trailer that is sitting on tha street and is full of debris. Mr. Anderson said that for these reasons, he is recommending a continuance of this item to the next meeting. Mayor Redepenning opened the public hearing at 7:43 p.m. No one came forward. Council Member Maxwell moved and Council Member Johnson seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 7:44 p.m. Council Member Johnson moved and Council Member Hesch seconded a motion to continue the item until the first October meeting. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redapenning, aye. The motion carried unanimously. 2. Nuisance Abatement Hearing, 255/257 - 18~' Ave N 1CR99-167) Tom Anderson said that the inspection has been working with the owner, Mr. Mahlon Osburn, to bring the property into compliance with the nuisance ordinances. Deadlines have not been met. A formal complaint has been filed with Hennepin County Court and is yet unresolved. Mr. Anderson said that the estimated cost of cleaning up the property is X500. Council Member Jensen asked if the allowance for boats, trailers, and icehouses is the same for duplexes as for single family homes. Staff answered yes. Ms. Jensen stated that that is not really fair and requested that the issue be placed on a future work session agenda Mayor Redepenning opened the public hearing at 7:58 p.m. No one came forward. Septsrnber 21, 1899 City Council Meeting Minutes Paps 2 Council Member Maxwell mov d and Council Memb r Johnson seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 7:59 p.m. Council Member Maxwell moved and Council Member Hesch seconded a motion to adopt Resolution 99-086, declaring that a nuisance exists at 255/257 - 18~' Ave N and ordering the nuisance abated and costs assessed as a special assessment. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member J Haan, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. VII. OLD BUSINESS 1. Complete Action, Excelsior Boulevard Preliminary Layout, (Memo) Steve Stadler said that on September 7, Council approved a portion of the preliminary layout for Excelsior Boulevard, Phase II improvements. Mr. Stadler reviewed the issues. Several representatives from Blake School responded that the impact to Blake School would be much greater than anticipated. John Brooks, Board Chair, said that they were frustrated with the short amount of time given to assess the impact. Council Member Maxwell moved and Council Member Hesch seconded a motion to adopt Resolution 99-92, Resolution approving Excelsior Boulevard reconstruction preliminary plans, Layout D1, Hennepin Project No. 9227 and prohibiting on street parking along this segment of Excelsior Boulevard. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jansen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. VIII. NEW BUSINESS 1. Approve Engineering Services Agreement, Excelsior Boulevard Landscape and Streetscape Improvements (CR99-172) Steve Stadler said that there is a need to continue landscape/streetscape improvements along Excelsior Boulevard from 9~' Ave to Blake Road. The agreement would authorize Hoisington-Koagler Group staff to complete alandscaping/streetscape concept design. The fee is ~ 11,500 and would be funded from the Municipal State Aid Account. Council Member Hesch moved and Council Member Johnson seconded a motion to authorize th Mayor and City Manager to enter into an agr em nt with Hoisington- September 21, 1999 City Coundl Mesdnp Minutse Paps 3 Koegler Group, Inc. for preliminary design services r garding Excelsior Boulevard landscape improvements. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 2. Revise License and Permit Fees (CR99-170) Terry Obermaier said that fees for health licenses have not met expenses. The health fees have been revised to reflect categories of risk and size of establishment. These two affect the amount of time an inspector spends at the location. Ms. Obermaier said that the new definitions and schedule will simplify the process. Other fees that will change are false police alarms, mechanical amusement devices and motels, hotels, and lodging house-per unit. Council Member Maxwell asked for the definition of a lodging house. Staff did not have an answer, but will review that portion of the ordinance and make any necessary changes before the second reading. Council Member Johnson moved and Council Member Jensen seconded a motion to adopt ordinance 99-830, an ordinance amending section 1010.13, Food and Food Sales License Fees, 1010.27,7, Felse Alarms and 1010.11,11, Mechanical Amusement Devices. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 3. Railroad Study, Blocking Operations (CR99-173) Stev Mielke said that Hopkins has been working with the cities of Minnetonka and St. Louis Park to solve the problem of noise that is caused by reilroad switching in residential neighborhoods. Moving the switching operations to anon-residential area of Hopkins is a short-term fix. The long-term solution that is being sought by the three cities is to move these operations out of the area of all three cities. The resolution limits the use of the switch to a two-year period from the installation completion date and requires agreement upon an operations plan. Lee Koppe, RLK, was also present to answer questions. Council Member Jensen moved and Mayor Redepenning seconded a motion to adopt Resolution 99-091, adopting a position on the installation of a switch for train blocking purposes on the CP rail line in West Hopkins with the following conditions: (1) That the operational plan addresses (1) the issue of avoiding the noise of the movement of the arms with the bells ringing at i~rt~.aections along with noise from whistles; (2) when the two year period is over how will the new switching area be moved and who will be responsible for that removal; (3) that as much switching as possible will be moved from the Blake Road, East End area to the new location; and (4) the switching operations will be concentrated in the new area, which is an September 21, 1999 Chy CouncN Meednp Minutes Pape 4 industrial area. A poll of the vote was as follows: Council Member Maxw II, aye; Council Member Jens n, ay ;Council Member Hesch, ay ; Council M mb r Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. VIII. ADJOURNMENT There being no further business, Council Member moved and Council Member seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:57 p.m. Respectively Submitted, _ //~ / ~~ Terry O~'~ rmaier, City Clerk COUNCIL MEMBERS ~~~ j~~~ %~~ ~--~~ ~.~.,. . E A 1`i tST: l ~ ~~7T Charles D. Redepenning, M,: •or September 21, 1999 City Council Meeting Minutes Pps 6