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05-07-91A regular meeting of the Hopkins City Council was held on May 7, 1991 in the City Council Chambers of Hopkins City Hall. Present were Mayor Berg, Councilmembers Anderson, Shirley, Kritzler and Redepenning. Also present were staff members Mielke, Genellie, Harmening, Gustafson, Gessele, Kerrigan, N. Anderson and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Berg called the meeting to order at 7:50 p.m. II. PRESENTATIONS The presentations were not made due to the illness of the Police Officer and unavailability of the Fire Fighter. These will be made at a later date. Mayor Berg announced that the City had received an award for the Cities outstanding contribution on recycling from Hennepin County. III. APPEARANCE Dee Lumley, Executive Director of the Hopkins Raspberry Festival Committee, addressed the Council with the plans for the coming Festival. She also presented the Council and staff with Raspberry Festival pins and mugs. Councilmember Kritzler made a motion that the City endorse the Raspberry Festival Committee and express the appreciation of the Council for all their work. Councilmember Anderson seconded the motion. 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. PUBLIC HEARINGS Staff recommended adoption of the following motion: Move to approve Resolution No. 91-57 declaring certain properties in an area generally described as between 7th and 8th Avenue South, south of the east/west alley south of Mainstreet and north of First Street South as surplus and authorize the City Manager and HRA Director to execute a purchase agreement for the sale of this property to the HRA. Subject to conditions as recommended by staff. May 7, 1991 Page 2 Approval of this action would allow the transfer of this property to the HRA and subsequent transfer to Marcus Corporation at such time as a movie theater project is undertaken. Mayor Berg opened the public hearing at 8:03 p.m. Hearing no comments Councilmember Redepenning moved and Councilmember seconded the motion to close the public hearing at 8:04 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. After discussion Councilmember Shirley moved and Councilmember Redepenning seconded the motion to adopt Resolution No. 91-57. 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. (b) ASSESSMENT HEARING - CAMBRIDGE STREET Staff recommended the following motion: Move that Council adopt Resolution No. 91-58 for the Assessment Roll - Cambridge Street. Adoption of this action sets in motion special assessments to be levied against the properties involved. Jim Gessele was present to answer questions. He also stated that assessments can be paid without interest from May 7, 1991 to June 6, 1991. He also stated that 25% or more of the assessment may be paid without interest in the same time frame . Mr. Gessele informed the Council that the Embers Restaurant had filed an appeal on the grounds that the assessment has not increased the market value of the property. After- discussion Councilmember Shirley moved and Councilmember Anderson seconded the motion to deny the appeal from Embers. 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. May 7, 1991 Page 3 Mayor Berg opened the Public Hearing at 8:13 p.m. Hearing no comments Councilmember Anderson moved and Councilmember Redepenning seconded the motion to close the public hearing at 8:14 p.m. The Council amended the prepayment requirements of the assessment roll as contained in the assessment hearing notice and directed staff to notify all owners of changes by mail. Prepayment requirements are amended to read that assessments may be paid without interest from May 7, 1991 to June 6, 1991. Councilmember Anderson moved and Councilmember Kritzler seconded the motion to adopt Resolution No. 91-58 amending paragraph 2 in the resolution changing the July 1, 1991 date to May 7, 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. (c) ASSESSMENT HEARING - CAMPBELL DRIVE Staff recommended the following motion: Move that Council adopt Resolution No. 91-60 for adoption of Assessment Roll - Campbell Drive. Mr Gessele informed the Council that their was an appeal request. The resident at 311 Campbell Drive requests cancellation of the assessment by reason that the appellant did not want or need the improvement project. Staff recommended denial by reason that the majority of residents petitioned for street reconstruction. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to deny the request. 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 opened the public hearing at 8:13 p.m. Hearing no comments Councilmember Redepenning moved and Councilmember Anderson seconded the motion to close the public hearing at 8:14 p.m. May 7, 1991 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 Council amended the prepayment requirements of the assessment roll as contained in the assessment hearing notice and directed staff to notify all owners of change by mail. Prepayment requirements are amended to read that assessments may be paid without interest from May 7, 1991 to June 6, 1991. Councilmember Anderson moved and Councilmember Kritzler seconded the motion to adopt Resolution 91-60 amending paragraph 2 in the resolution changing the July 1, 1991 date to May 7, 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. (d) ASSESSMENT HEARING - CAMPBELL ADDITION Staff recommended the following motion: Move that the City Council adopt Resolution No. 91-59 for adoption of the assessment roll - Campbell Addition. Mr. Gessele informed the Council that there were two appeals that need action. The f first appeal was from the owner of 302 Herman Terrace. She felt that there was no need for curbs and gutters. In lieu of this appeal the resident has submitted a request for senior citizen deferment. Mr. Gessele recommended denial for the first request but approval of the second request by reason that staff has verified that the appellant meets all requirements. Councilmember Redepenning moved and Councilmember Shirley seconded the motion that the first appeal be denied. 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 Kritzler moved and Councilmember Redepenning moved to approve the deferment for 10 years with renewal annually and due payable in case the property were to be sold. May 7, 1991 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. The second appeal was from Minnesota Department of Transportation for thirteen parcels of land between Herman Terrace and T.H. 169 by reason that remaining land between the street and a noise wall adjacent to the highway is un- buildable, that pursuant to Minnesota Statutes 435.19 Subd. 2 MN/Dot is not bound by proposed City Assessments. Staff recommended denial by reason that the property will benefit from improved drainage, access, and aesthetics and that the City Attorney has determined another governmental body can be assessed if benefit is shown. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to deny the appeal. 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 opened the public hearing at 8:37 p.m. John Strojan of 309 Althea Drive appeared before Council to appeal the proposed assessment with a request for cancellation of the assessment. The reasons for the request are as follows: 1. City Council is in violation of MN Statutes Chapter 429 and City Policy 7 regarding required legal process, thus voiding proposed assessment. 2. Error in City Attorney opinion November 2, 1990 regarding MN Statute, Chapt 429 resulting in wrong advice to City Council. 3. Promoting undue deterioration of City Streets due to discontinued normal maintenance in violation of Charter. 4. Disregard of City Policy 7-D, Page 10 as to uniform assessment policies city wide. Lee Gustafson, City Engineer responded to Mr. Strojans objections by indicating that proceedings were an accepted practice of several communities and did meet the MN Statutes. May 7, 1991 Page 6 After discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to deny Mr. Strojans appeal. 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 Redepenning moved and Councilmember Kritzler seconded the motion to close the public hearing at 8:52 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. The Council amended the prepayment requirements of the assessment roll as contained in the assessment hearing notice and directed staff to notify all owners of changes by mail. Prepayment requirements are amended to read that assessments may be paid without interest from May 7, 1991 to June 6, 1991. After further discussion Councilmember Anderson moved and Councilmember Shirley seconded the motion to adopt Resolution No. 91-59 amending paragraph 2 in the resolution changing the July 1, 1991, date to May 7, 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. IV. CONSENT AGENDA 1. APPROVAL OF THE APRIL 16, 1991 REGULAR MEETING MINUTES 2. APPROVAL OF THE APRIL 9, 1991 WORKSESSION MEETING MINUTES 3. APPROVAL OF DISBURSEMENTS, PRELIST NO. 861 4. APPROVAL OF MISCELLANEOUS LICENSES 5. APPROVAL OF EAW FOR DISTRIBUTION - TOWNHOME PROJECT 6. APPROVE DEVELOPMENT AGREEMENT - HOPKINS TECH CENTER 7. APPROVE APPOINTMENT OF LEE GUSTAFSON AS CITY ENGINEER 8. APPROVE RESCHEDULING OF MAY 21ST MEETING TO 8:30 P.M 9. APPROVE 3.2 BEER LICENSE - HOPKINS JAYCEES MAINSTREET DAYS May 7, 1991 Page 7 Councilmember Anderson moved and Councilmember Kritzler 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. V. NEW BUSINESS (a) CONSIDER ACTION - CONCEPT PLAN REVIEW - GROCERY STORE Staff recommended approval of the concept with recommendation and conditions as detailed by staff. Ryan Construction, the applicant is proposing to construct a 38,460 square foot grocery store and 18,000 square feet in new retail space. This development is located between 6th and 8th Avenues and Mainstreet and 1st Street North. This development involves the redevelopment of the site. Eleven homes and four businesses would be removed to accommodate this project. Mr. Bill McHale, of Ryan Construction, appeared before Council with diagrams showing the proposed placement of the grocery store and retail shop. The plan also showed the placement of sound barriers, landscaping, berming and Cul de sac. He also stated that Cub Stores are not interested, from a market prospective, in building a store in the City of Hopkins, but a New Market store is feasible. Councilmember Shirley asked if the zoning on the property is R-4. A portion of the proposed project is R-4V with a portion zoned B-3. Councilmember Kritzler expressed concern over the vacancy that will be created when Tait's moves into the new store. Staff responded that they are looking into possible other businesses at the Taits location. Dr. Harry Smith, Chairman of the Hopkins Business Council appeared before Council stating that the project has the complete support of the Business Council. Diane DeJolsvay whose property is north of the property in question was concerned with the height of the screening. She also asked if sidewalks were proposed. Another concern she had was if the property owners would be assessed. She hoped that the proposed berm would be on the property in question. May 7, 1991 Page 8 Mr. McHale said that the berm would be on the property in question. He said sidewalks were proposed. Jeff Banke of 29 7th Avenue North a new home owner felt that he is entitled to know what is going to happen. He stated that the Realtors should inform people that a new project is a possibility before they buy the property. The Mayor suggested that people could check with City Hall and ask about any changes are being planned in the neighborhood. Mr. Banke's second question concerned further redevelopment on the property he now occupies. He wanted to know if the City is planning a phase 2, which would include his home. He was also concerned about the noise the proposal would create. Lastly he reiterated that the homeowners be kept informed . ' John Novak, speaking on behalf of several citizens, wanted to know the cost to the city in regard to the store. He also wanted to know what will happen to the building Taits presently occupies. Will this create further problems for the downtown area? Dale Loman, who owns two businesses on Mainstreet stated that he is totally in favor of the project. Richard McNaught, who lives 2 houses north of the project, wanted to know how the taxes would be affected. How does Zoning and Planning relate to this project? Mayor Berg informed him that the Zoning and Planning Commission was an appointed position to screen proposed projects for the Council. Mr. McNaught asked about the dollar amount proposed and the cost to the City. He also feels that there are better places for this project. Jean Searles, 37 8th Avenue North, requested that should the project go through to please block out the noise and make the property nice looking from both sides. She also requested that the berm be closed to traffic. She also requested that if a 3 to 5 year plan is being considered to please let the residents know if some project is being planned. She suggested that the City look into handicapped housing. May 7, 1991 Page 9 The Mayor informed Ms. Searles that the City had a proposal for a handicapped apartment, which had received preliminary approval, but nothing further had been done about it on the proposers side. Tom DeJolsavy, 3rd and 11th stated that he bought his home in December. He said he wished he had been informed before purchasing. Kevin Hughes, 34 7th Avenue North,. asked if bonds would have to be sold for this project. Mr. Kerrigan informed him that the bonds had already been sold. He also felt that there should be an alternative for the store such as County Road 3 and 11th Avenue South. Councilmember Anderson suggested that moving a grocery store two blocks away seems unnecessary. He felt the entire project should move to County Road #3. He also stated, that he is in favor of a new store and of new retail stores but in a different location. After further discussion Councilmember Shirley moved and Councilmember Redepenning seconded the motion to accept the concept plans as detailed subject to the conditions and detailed by staff. 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. (b) CONSIDER ACTION - DEVELOPMENT AGREEMENT - RYAN CONSTRUCTION Staff recommended adoption of the following motion: Approval of a Development Agreement with Ryan Construction Company, Inc. for construction of downtown Grocery Store/Retail Project subject to staff conditions. After discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to approve a development agreement with Ryan Construction Company, 'Inc. subject to staff conditions. May 7, 1991 Page 10 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 (c) DISCUSSION - AGREEMENT WITH HENNEPIN COUNTY RAILROAD AUTHORITY City staff .and legal counsel desire to update the City Council on recent meetings held regarding the proposed agreement with the HCRRA regarding the acquisition of the LRT right-of-way, as well as receive direction on certain issues. Tom Harmening presented the report to the Council and discussed the following issues: o Ground lease vs Fee title o Indemnification o City Charter Prevision o Interseection - 9th and Mainstreet o Easement versus Fee Ownership Based upon discussion with County Staff, it does not appear likely that the County will be in a position to approve this agreement prior to June 1, 1991. City Staff was interested in having the agreement signed and the property conveyed to the City prior to June 1. The HCRRA has indicated a willingness to help the City by providing some type of short-term lease or easement to the City over their property. Council directed Mr. Harmening and staff to continue in the direction they are presently pursuing. (d) CONSIDER ACTION - LAMBERT LANDSCAPING CUP Staff recommended approval of the following motion: Move to approve Resolution No. 91-62 with conditions to allow a contractor's yard at 1402 2nd Street South. Approval of this motion would allow Lambert Landscaping to have a contractor's yard at 1402 5th Street South after meeting the conditions outlines in Resolution No. 91-62. After a brief discussion Councilmember Anderson moved and Councilmember Redepenning seconded the motion to adopt Resolution No. 91-62. May 7, 1991 Page 11 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 - LAMBERT ALLEY VACATION 14TH STREET Staff recommended approval of the following motion: Move to adopt Resolution No. 91-62 approving for f first reading Ordinance No. 91-674 approving the vacation of a portion of 14th Avenue South. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to adopt Resolution No. 91-62 approving for first reading Ordinance No. 91-674. 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. (f) CONSIDER ACTION - CONDITIONAL USE PERMIT - HOPKINS HONDA Staff recommended approval of the following motion: Move to approve Resolution No. 91-64 which will allow the temporary building to remain for an additional 12 months. Councilmember Anderson moved and Councilmember Shirley seconded the motion to adopt Resolution No. 91-64. 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 - AWARD OF BID STORM SEWER BID - BURSCH RESTAURANT SITE Staff recommended the following motion: Move to adopt Resolution No. 91-61 for Award of Bid - Storm Sewer Bursch Restaurant Site. ~ ~ s May 7, 1991 Page 12 Bids were received and opened on May 1, 1991, for a storm sewer project at the Bursch Restaurant site. Six bids were received with the low bidder G.L. Contracting. RCM Associates, Inc. has checked the bids and reviewed the qualifications of G.L. Contracting. Councilmember Shirley moved and Councilmember Kritzler seconded the motion to adopt Resolution No. 91-61 awarding the bid to G.L. Contracting. 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 - NON-DOMESTICATED ANIMAL ORDINANCE Councilmember Shirley moved and Councilmember Redepenning 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. VI. PUBLIC COMMENTS/CONCERNS Diane Johnson former President of the Hopkins Jaycee's appeared to thank the Council for their support of the Hopkins Jaycee's. VII. REPORTS - COMMITTEES/COMMISSIONS There were no reports. ~ ,v } t May 7, 1991 Page 13 VIII. ADJOURNMENT Councilmember Anderson moved and Councilmember Redepenning seconded the motion to adjourn. The meeting adjourned by unanimous consent. Respectfully submitted, C~Z Pat Gisborne, Deputy City Clerk