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09-03-91a~ ~ ~ y [: A regular meeting of the Hopkins City Council was held on September 3, 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, Gustafson, Gessele and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Berg called the meeting to order at 7:30 p.m. II. SPECIAL ORDER OF BUSINESS a. PROCLAMATION Mayor Berg proclaimed the week of September 17th through 23rd as Constitution Week, in the City of Hopkins. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to adopt the proclamation. 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. CONSENT AGENCDA 1. APPROVAL OF THE AUGUST 20, 1991 REGULAR MEETING MINUTES 2. APPROVAL OF DISBURSEMENTS, PRELIST 869 3. APPROVAL OF MISCELLANEOUS LICENSES 4. APPROVE TEMPORARY PARKING REGULATIONS - LOT 500 5. APPROVE 3.2 BEER LICENSE APPLICATION - JAYCEES 6. APPROVE 3.2 BEER LICENSE APPLICATION - ST. JOSEPH'S CHURCH 7. APPROVE INITIATION OF STRATEGIC PLANNING FOR ECONOMIC DEVELOPMENT 8. APPROVE AGREEMENT WITH STATE OF MINNESOTA - SIGNALS AT HIGHWAY #7 Councilmember Anderson 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. September 3, 1991 Page 2 IV. PUBLIC HEARINGS a. RESOLUTION ON MISCELLANEOUS ASSESSMENTS Staff recommended the following motion: Move that Council adopt Resolution No. 91-113 for adoption of 1991 Miscellaneous Assessment Roll. The proposed special assessments are for unpaid utility bills, delinquent invoices, parking ramp maintenance and a small improvement project for a fire protection system. All of these are charges that can become a lien on the properties involved. Notices of this public hearing and statements of assessment had been mailed to all affected property owners. Jim Gessele informed the Council that he had received two appeals since the report was written. He suggested that the Resolution be continued until September 17, 1991. Mayor Berg opened the Public Hearing at 7:41 p.m. After hearing no comments Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to close the public hearing at 7:42 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. Councilmember Shirley had questions about Item No. 8 and No. 17. Mr. Gessele explained the delinquencies. Councilmember Kritzler moved and Councilmember Anderson seconded the motion to continue this item until September 17, 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. b. RESOLUTION ABATEMENT OF NUISANCE - DUNEMAN PROPERTY Staff recommended adoption of the following motion: Move to adopt Resolution No. 91-114 ordering the abatement of the nuisance at 2100 Mainstreet. September 3, 1991 Page 3 Staff recommended that the City Council adopt the resolution which orders that the nuisance be abated, that City staff advertise for bids, and that the cost for undertaking the nuisance abatement be assessed against the subject property. Councilmember Shirley asked for specifics that needed immediate abatement. Mr. Harmening explained that the City needed to cap a 6' well, fill the hole on the site, put top soil on the fill, seed the area, and properly disconnect the water to sewer service site, and undertake other miscellaneous items. Mayor Berg opened the public hearing at 7:55 p.m. Hearing no comments Councilmember Redepenning moved and Councilmember Anderson seconded the motion to close the public hearing at 7:56 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. Councilmember Anderson moved and Councilmember Kritzler seconded the motion to adopt Resolution No. 91-114 ordering the abatement of the nuisance at 2100 Mainstreet. 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 - RESOLUTION NO. 91-110 - LRT PRELIMINARY DESIGN PLANS Staff recommended adoption of the following motion: Move to adopt Resolution No. 91-110 approving a portion of the Southwest LRT preliminary design plans and disapproving a portion of the plans and identifying specific required amendments. As a result of this motion, the City Council would be taking formal action, as required by law, on approving/disapproving that portion of the preliminary LRT designs plans for the Southwest Corridor located in the City of Hopkins. Mr. Harmening discussed the proposed action with the __ Council . Mayor Berg opened the public hearing at 8:24 p.m. September 3, 1991 Page 4 Mr. Kenneth Stevens, Hennepin County Regional Authority (HCRRA), submitted a design for the station on Blake Road next to Arby's Drive-in. He said that the (HCRRA) had deemed that this would be the best location for the proposed station. Chuck Nadler and his father, owners of the land and Arby's Restaurant, appeared to voice their concerns about the station being placed on the proposed site. They were very concerned about the left turn into their restaurant being removed. Without the access turn he felt that it would impact not only his restaurant business but the surrounding businesses. Mike Solaway, owner of adjoining property also appeared. He questioned the impact of additional traffic created by the station. He said there was no question that the proposed location would reduce the value of his property and put the "Market on Blake" and Double Deli out of business. The Council asked Mr. Stevens if the railroad rights had been secured. He stated that some of the agreements are in place to allow the LRT use of the railroad tracks. Agreements with'the Soo line have not been completed. - Gary Schatz also appeared. He felt that to try and put a station on the proposed site would be ridiculous. Hearing no more comments Councilmember Redepenning moved and Councilmember Anderson seconded the motion to close the public hearing at 8:47 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. Several of the Councilmembers felt that the proposed Blake Road Station was a poor choice. Both Councilmember Redepenning and Councilmember Anderson stated that they felt that the Northeast quadrant of this area was a much better choice. After additional discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to adopt Resolution No. 91-110. September 3, 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. V. OLD BUSINESS a CONSIDER ACTION - SECOND READING MORATORIUM - RELIGIOUS INSTITUTIONS Staff recommended that Ordinance No. 91-693 be approved for second reading and order published. This action will place a moratorium on religious institutions in the B-2 and B-3 zoning districts for one year. Councilmember Shirley moved and Councilmember Kritzler seconded the motion to adopt Ordinance No. 91-693 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. VI. NEW BUSINESS A. CONSIDER ACTION - EXTENSION OF CUP - PITT ROLFE Staff recommended a one year extension for a Conditional Use Permit to construct a building on the corner of Second Avenue South and 7th Avenue South. Mr. Rolfe appeared stating that he fully intends to build his building on this site as soon as he can obtain tenants for the space that his firm will not be using. At this time however he has not been able to complete renting the property. Don Roesner appeared questioning the height of the building. He also stated that the neighborhood had changed and that the proposed plan should be reviewed with the neighborhood prior to granting another extension. Councilmember Anderson suggested that the Council grant Mr. Rolfe the one year extension this time but to have a public hearing on the matter should it come up for another extension next year. September 3, 1991 _ Page 6 Mr. Rolfe stated that he had met all of the requirements of the CUP and did not feel that was fair for him to have to reapply. After further discussion Councilmember Shirley moved and Councilmember Kritzler seconded the motion to extend the CUP requested by Mr. Rolfe for one year with the understanding that if an extension were proposal next year, that the neighborhood would be informed of the request to allow for their input. 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 - MAINSTREET DESIGN ISSUES Staff recommended adoption of the following motion: Move to approve the design of the regulatory, street name and ramp parking signs between 5th Avenue and Shady Oak Road, and proposed design modifications to the Mainstreet Plaza, pursuant to the recommendation made by RLK Associates and Westwood Professional Services. Tim Erkkila, of Westwood Professional Services, Inc. and John Dietrich of RLK Associates presented the Council with the proposed designs. The Council was very pleased with the designs, however suggested that for the street signs Alternate A was preferable to the suggested sign by the DRC. They also approved the bus shelter proposals. After discussion Councilmember Anderson moved and Councilmember Kritzler seconded the motion to approve the designs with the suggested sign alternative. 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 - TOWING CONTRACT Staff recommended adoption of the following motion: Move that the Council approve a one year extension of the current Contact for Vehicle Towing and Impounding as provided in the contract document. The current towing contract expires November 30, 1991. Contract provisions allow the City the -- option of two one-year extensions. V ~ y September 3, 1991 Page 7 Councilmember Redepenning stated that he had heard that the people at Dick's Towing were quite rude to people when they went to pick up their cars. Other Councilmembers and staff said they had also had a few complaints about Dick's Towing. Lee Gustafson, City Engineer, said that he would like to see the property cleaned up and the CUP complied with in total. Mr. Genellie suggested that the wording of the Council's approval should be: Move that the Council authorize the City Manager to exercise an option for a one year extension of the current contract for. vehicle towing and impounding provided that the items detailed in the CUP be completed by October 1, 1991. Councilmember Redepenning moved and Councilmember Shirley seconded the motion to renew the present towing contract for one year changing the wording to the above statement. 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 - BIDS FOR CLOCK TOWER Staff recommended the following motion: Move that the Council adopt Resolution No. 91-112 approving plans and specifications and order bids - Mainstreet Plaza Clock Tower construction. Tim Erkkila showed the Council the revised plans for the clock tower. The overall plans for the clock tower were well received with, the exception of the roof. After a great deal of discussion Council asked Mr. Erkkila to revise the roof and bring the plan back to Council for approval. VII. PUBLIC COMMENTS AND CONCERNS There were no public comments. VIII. REPORTS - COMMITTEES/COMMISSIONS There were no reports. r~ ~ . r ~ k September 3, 1991 Page 8 IX. ADJOURNMENT' Councilmember Redepenning moved and Councilmember Kr~itzler seconded the motion to adjourn. The meeting adjourned by unanimous consent. Respectfully submitted, Pat Gis orne, Deputy City Clerk ATT COUNCILMEMBERS;_..A