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03-05-91~r ~. ~, , f i A regular meeting of the Hopkins City Council was held on March 5, 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, Gessele, Kerrigan, N. Anderson and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Berg called the meeting to order at 7:45 p.m. II. CONSENT_AGENDA 1. APPROVAL OF THE FEBRUARY 19, 1991 REGULAR MEETING MINUTES 2.~ APPROVAL OF THE FEBRUARY 12, WORKSESSION MINUTES 3. APPROVAL OF DISBURSEMENTS, PRELIST 857 4. APPROVAL OF MISCELLANEOUS LICENSES 5. SET PUBLIC HEARING - 1991 CDBG FUNDS FOR MARCH 19, 1991 6. APPROVE GAMBLING LICENSE APPLICATION BY ST. JOHN'S THE EVANGELIST CHURCH 7. PRELIMINARY TIF APPLICATION - RYAN 8. FINAL TIF APPLICATION - HOPKIN5 TECH CENTER 9. PRELIMINARY ECONOMIC DEVELOPMENT FUND APPLICATION - HOPKINS HOUSE Councilmember Shirley moved and Councilmember Redepenning 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. II I. OLD BUSINESS (a) CONSIDER ACTION - APPROVE PLANS AND AUTHORIZE BIDS CAMPBELL ADDITION AND CAMPBELL DRIVE Staff recommended that the City ,Council adopt Resolutions No. 91-17 and No. 91-18 approving plans and specifications for Campbell Addition and Campbell Drive street reconstruction and authorizing the advertising for bids. Jim Gessele presented the Council with the figures and results of additional field surveys and drainage studies. Fran Hagen of Westwood Professional Services, Inc. stated that the new proposal includes a storm sewer with a connection including Althea Lane, Herman Terrace, Campbell Drive and Minnetonka Mills Road. fi' C~ C~ March 5, 1991 Page 2 Pat Reuter of 230 Campbell Drive appeared before Council to reinforce the statement on the petition that their will be an adequate storm sewer system. After discussion Councilmember Shirley moved and Councilmember'Redepenning seconded the motion to approve the plans and adopt Resolutions No. 91-17 and No. 91-18 authorizing the advertising for bids. 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 - REMEDIATION AND MONITORING AGREEMENT - WESTBROOKE PATIO HOMES ASSOCIATION Staff recommended adoption of the following motion: Move to approve the Remediation and Monitoring Agreement and authorize the Mayor and Manager to sign the agreement. Adoption of this motion would allow the City to proceed with a gas remediation project on the landfill site and on the townhome property. Attorney's for the City of Hopkins and Westbrooke Patio Homes appeared before Council and stated that they are in agreement with the contract. Leslie Davis of Earth Protectors, Inc. and Lawrence Colemen, Attorney for Earth Protectors, Inc. stated that they would oppose this project. Mr. Davis also stated that he would be having a television show and would condemn Hopkins if the City proceeded with the remediation. Mayor Berg stated that the City did not appreciate threats. Susan Weere of Westbrooke Patio Homes appeared stating that she would like to see the City proceed with the remediation and that she lives in one of the affected homes. She also stated that she would like to see the remediation done now. Daniel Jerges appeared and stated that he was also a homeowner and stood behind Leslie Davis 100%. After further discussion Councilmember Kritzler moved and Councilmember Redepenning seconded the motion to approve the contract and authorize the Mayor and City Manager to sign the contract. C7 March 5 , 19 91 Page 3 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. NEW BUSINESS (a) CONSIDER ACTION - CONDITIONAL USE PERMIT - MARK Z. JONES ' Staff recommended the following motion: Move to adopt Resolution No. 91-07 approving the conditional use permit to construct 13 townhomes on Hiawatha. The applicant is proposing to construct 13 rental townhomes on the east side of Ramsgate along Hiawatha Avenue. These townhomes will be two story, three bedrooms with a 2 car tuck-under garage. Access will be from Cambridge. There is no car access from Hiawatha to the town homes. Archie Carter appeared before Council raising questions about an agreement that took place in 1970's concerning access to the property from Hiawatha Road. Mark Jones, Owner of the property and part owner of Ramsgate said that he changed his plan for 13 townhomes and reduced the number to twelve. He would have two buildings instead of three . After discussion Councilmember Redepenning moved and Councilmember Anderson seconded the motion to continue this item and return it to Zoning and Planning to review the new proposal from a site plan design and zoning perspective. 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. Councilmember Anderson moved and Councilmember Shirley seconded a motion to authorize staff to undertake a feasibility study to address sanitary sewer capacity issues on Hiawatha Avenue from Cambridge to Blake. 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. March 5, 1991 Page 4 (b) CONSIDER ACTION - PRELIMINARY PLAT - RAMSGATE 2ND ADDITION - MARK Z. JONES Staff recommended approval of the following motion: Move to approve Resolution No. 91-8 approving the preliminary plat for Ramsgate Second Addition. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to continue this 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. (c) CONSIDER ACTION - CONDITIONAL USE PERMIT MARCUS CORPORATION Staff recommended approval of the following motion: Move to approve Resolution No. 91-21 recommending approval of the conditional use permit to construct a theater with conditions at 15 8th Avenue South. Nancy Anderson appeared before Council to apprise Council of the changes on the conditions of the CUP. Item No. 8 would read, that the applicant replat the subject property in sixty days of the granting of the C.U.P. Item No. 11 has been deleted. Also, Ms. Anderson outlined two new conditions to be added to the conditions. These related the execution of a redevelopment agreement and the authorization by the City Council of a storm sewer project. Mayor Berg was concerned about recycling and felt that this item should be taken into consideration. After discussion Councilmember Shirley moved and Councilmember Redepenning seconded the motion to approve Resolution no. 91-21 with the stated conditions. ,_ A poll of the vote was as follows: Councilmember Anderson, Abstain; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried. (d) CONSIDER ACTION - VACATION OF THE NORTH/SOUTH ALLEY IN BLOCK 3, WEST MINNEAPOLIS Staff recommended approval of the following motion: Move to adopt Resolution No. 91-23 approving Ordinance No. 91-673 to vacate the north/south alley in Block 3, West Minneapolis for first reading. March 5, 1991 Page 5 The alley is being requested to be vacated to allow the theater to have the required 10 foot rear yard setback. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to adopt Resolution No. 91-23 approving Ordinance No. 91-673 for first reading. A poll of the vote was as follows: Councilmember Anderson, Abstain; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried. (e) CONSIDER ACTION - AUTHORIZE STORM SEWER, PROJECT - BURSCH DEVELOPMENT SITE Staff recommended the follow motion: Move to adopt Resolution No. 91-28 ordering storm sewer and parking lot improvements - Bursch Redevelopment site. This action will begin the process of reconstructing and installing storm sewer north and south of the presently vacant Bursch Restaurant and improving the adjoining parking lot. After a great deal of discussion is was agreed by the City Council and Mr. Senn that Mr. Senn would be required to provide a written guaranty that he would pay for 40% of the engineering expense related to the preparation of plans and specifications for the improvement. After discussion Councilmember Shirley moved and Councilmember Kritzler seconded the motion to adopt Resolution No. 91-28 as amended to take into consideration the agreement as noted above. 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 - TERMINATE REDEVELOPMENT AGREEMENT MARCUS CORPORATION Staff recommended adoption of the following motion: Move to terminate agreement between Marcus Corporation and City of Hopkins dated August 20, 1990 for the redevelopment of the City owned property on the northwest corner of Blake Road and Second Street N. E. Jim Kerrigan explained the details of the original agreement and because lack of any significant performance by the developer, staff is recommending that the existing agreement be terminated. March 5, 1991 Page 6 Councilmember Anderson moved and Councilmember Shirley seconded the motion to terminate the agreement between Marcus Corporation and City of Hopkins. 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 - AMENDMENT TO ZONING ORDINANCE TRANSMISSION TOWERS Staff recommended approval of the following motion: Move to adopt Resolution No. 91-11 approving Ordinance No. 91-672 regulating transmission towers and antennas for f first reading. Approval of this motion will amend the zoning ordinance to regulate the placement and construction of transmission towers. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to adopt Resolution No. 91-11 approving Ordinance No. 91-672 for first reading. The City Council also requested that staff provide a recommendation for the 2nd reading regarding a feasible tower height requirement. 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 - LIFT STATION #4 RECONSTRUCTION Staff recommended adoption of the following motion: Move to approve reconstruction of Sanitary Lift Station No. 4 located at 244 Meadowbrook Road and designation of RCM Associates, Inc. as design engineers. Adoption of this motion will allow for the reconstruction of lift station No. 4 as per the 5 year Capital Improvement Plan. Councilmember Anderson moved and Councilmember Kritzler seconded the motion to approve the reconstruction of Sanitary Lift Station No. 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. . ~ v, r. ~. March 5, 1991 Page 7 (i) CONSIDER ACTION - CONSTRUCTION MANAGEMENT - MAINSTREET PROJECT Staff recommended the following motion: Move that Council authorize staff to incorporate a construction management concept in the bidding and construction phases of the proposed reconstruction of Mainstreet. Jim Gessele explained the need for Construction Managers. He cited the cost savings and success the City had with the remodeling of the Activity Center and Ice Arena using this method. After discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to authorize the staff to incorporate a management concept. 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. (j) CONSIDER ACTION - PLAQUES AT ACTIVITY CENTER Staff recommended adoption of the following motion: Move to instruct staff to install the Activity Center dedication plaque in the entry way to the Activity Center. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to instruct staff to install the Activity Center dedication plaque in the entry way to the Activity Center. 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. PUBLIC COMMENTS/CONCERNS There were no public comments. VI. REPORTS - COMMITTEES/COMMISSIONS Tom Harmening reminded Council of an informational meeting next Tuesday night at 6:30 p.m. ~, ~ . ~~ q -' ' r ` March 5, 1991 Page 8 Councilmember Kritzler stated that the South West Suburban Cable Commission may be asked for a relief extension from Paragon Cable. He also stated that the Hopkins High School Newspaper had written and very nice article commending the Chemical Health Commission and the School's continued participation in the war against drugs. VII. 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 OUNCILMEMBERS: ~. ~~. ., ~~ ~~ ATTES son W. Berg, Ma U