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12-03-91•~~ j r A regular meeting of the Hopkins City Council was held on December 3, 1991 in the City Council Chambers of Hopkins City Hall. Present were Mayor Berg, Councilmember Anderson, Shirley, Kritzler and Redepenning. Also present were City staff Mielke, Harmening, Gustafson, Gessele, N. Anderson, Steinman and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Berg called the meeting to order at 7:35 p.m. II. CONSENT AGENDA 1. APPROVAL OF THE NOVEMBER 19, 1991 REGULAR MEETING MINUTES 2. APPROVAL OF DISBURSEMENTS, PRELIST 875 3. APPROVAL OF MISCELLANEOUS LICENSES 4. APPROVAL APOINTMENT OF DICK SLAIS TO THE CHEMICAL HEALTH COMMISSION 5. APPROVE APPOINTMENT OF WARREN WOODRICH TO THE CHARTER COMMISSION 6. APPROVE EARLY RETIREMENT POLICY EXTENSION Councilmember Redepenning moved and Councilmember Anderson 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. III. PUBLIC HEARING (a) CONSIDER ACTION - KNOLLWOOD STREET IMPROVEMENTS Staff recommended the following motion: Move that Council adopt Resolution No. 91-149 ordering improvement after public hearing, Knollwood street reconstruction, project 90- 01. This action will continue an assessable project on the streets in the Knollwood neighborhood. Plans and specifications will be developed and bids solicited for construction in the spring of 1992. Dick Koppy gave a comprehensive report outlining the project. He stated that ponding and utility easements need to be obtained. He also stated that the holding ponds need to be looked at thoroughly with dredging a possibility. Mr. Koppy stated that 50% of the sanitary sewers would need replacing. i December 3, 1991 Page 2 Councilmember Shirley questioned the necessity of sedimentation areas being put in the holding ponds for water drainage. Mr. Randy Engel, 810 Valley Way, President of the Knollwood Association, appeared before Council to give support to the project with a list of issues from the Knollwood residents. He stated that he represented 70% of the neighbors. The statement contained 11 issues, with five of the issues in disagreement with the projected project. (1) Streets should be 20' back to back, instead of 22'. (2) The City should pay for the black concrete surmountable curbs over the cost of surmountable asphalt edgings. (3) No parking restrictions or designated parking areas. (4) Provide estimate of life left for all existing utilities to minimize future utility replacements and repairs. (5) Unnamed street (not Alleyway) off Cottage Downs be designated as a street and completed in the same manner as the other streets with a 70% - 30% assessment against the property owners. After further discussion Sharon Steinfeldt, 240 Bridge Lane, endorsed Mr. Engels comments. Arthur Horowitz also stated his support of Mr. Engel's commentary. Brad Wester, Hopkins Jaycee's, stated that the trees can be removed safely. He stated that he has a firm that could handle the removal. Mayor Berg stated that the City should stick with the 20' street because of trees. Roger Hork, 820 Edgemoor Drive, suggested that the City eliminate the curb on Cottage Downs because of the retaining wall. Cliff Lake, 275 Cottage Downs, wanted to know what the cost to the Association would be if the black concrete was used in place of asphalt curb and gutters or white concrete. The difference was a minimal amount. December 3, 1991 Page 3 Marian Apple, 804 Valley Way, stated that she was very unhappy having the unnamed street called an alley. She said that her front door faces the unnamed street with this being the only access she has to getting in and out of her home and driveway. She felt that to assess her 80% of the cost of repairs would be very unfair. Ms. Apple also requested that the unnamed street be given a name and treated as any other street in Knollwood. Hearing no more comments Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to close the public hearing at 9:45 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 further discussion Councilmember Shirley moved Councilmember Anderson seconded the motion to adopt Resolution No. 91-149 with modifications and deletions. 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. OLD BUSINESS (A) CONSIDER ACTION - HOLIDAY PARKING REGULATIONS Staff recommended the adoption of the following motion: All parking time limits in the downtown be enforced as usual throughout the holiday season. Upon review, it was felt that the past years policy has proved to be of no benefit to customers, and rather has encouraged more violations by employees. After discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to have the parking time limits in the downtown area be enforced as usual. 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. December 3, 1991 Page 4 (b) CONSIDER ACTION - SECOND READING ORDINANCE NO. 91-700 ADOPTING STATE FIRE CODE Since the first reading of this ordinance the following changes have been made: 1. Section 905.3 has been revised as follows: The absence of the words " above ground" was an oversight that was corrected. 2. The last sentences in 905.07 and 905.08 have been corrected to reflect the actual method used to set fees. Staff recommended the following motion: Move to approve second reading of Ordinance No. 91-700 an ordinance amending section 905 of the Hopkins City Code and adopting the latest edition of the State Fire Code. The Council wanted to know what affect this would have on the present businesses who have above ground storage tanks. Mr. Magdal, the Fire Marshal, was not present to answer these questions. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to continue this item for two weeks. 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 - SECOND READING OF ORDINANCE NO. 91-699 ADOPTING STATE BUILDING CODE Staff recommended that the Council approve Ordinance No. 91- 699 for second reading and order published. There have been no changes made to the proposed ordinance since the f first reading. Councilmember Redepenning moved and Councilmember Shirley seconded the motion to approve Ordinance No. 91-699 for second reading 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. December 3, 1991 Page 5 V. NEW BUSINESS (a) CONSIDER ACTION - RAMSGATE TOWNHOMES FINAL PLAT Staff recommended the following motion: Move to approve Resolution No. 91-152 approving the final plat for the Ramsgate 2nd addition. The Zoning and Planning Commission unanimously approved Resolution RZ91-24 recommending approval of the f final plat for Ramsgate 2nd addition. Mr. Bates, Attorney, representing the Minnehaha Oaks Association, requested that the Council not act on the above motion. He stated that the Association was working to try and buy the above property and to approve the f final plat would allow Mr. Jones to proceed with the building of the townhomes. Joey Carlson, 435 Hiawatha, presented the Council with a petition with eleven signatures of the people who live on Hiawatha Avenue stating their objections to the building of a project on the above mentioned property and asked the Council to purchase the property and proposing that the City acquire the property and assess the property owners for the expense. Chris Hayhoe, Attorney for legality of the challenge of stated that Mr. Jones had met that the ordinance required. Mr. Jones, questioned the the final plat approval. He all of the legal requirements Archie Carter, Engineer, stated that the Council could delay the approval of the plat. He begged the Council to find a way to purchase the property. He claimed that the property would be a valuable asset to the entire community. Mayor Berg asked City Attorney Jerre Miller about the legal grounds for denying the final plat. Mr. Miller stated that the Council had no legal authority to deny the plat if the applicant complied with all requirements of the ordinance. The Council also discussed the legal requirements for eminent domain. December 3, 1991 Page 6 Mr. Carter told the Council that they have an obligation to hold a hearing on the petition filed by Mr. Carlson. Councilmember Redepenning questioned the advisability of allowing more multiple dwellings in the City. He asked if the Strategic Planning Commission was suggesting a ban on multiple housing? A moratorium was suggested. Mr. Miller pointed out that a moratorium would have no bearing on the Jones property because it was already in progress. If a moratorium was voted on, it would mean all the property in the City. Councilmember Anderson suggested a referendum or some method of buying the property. Mayor Berg was against a referendum. He stated that it would not be in best interests of the entire City to commit to purchasing the property. Mr. Hayhoe was very concerned over the constant delays to approving the resolutions. He stated that Mr. Jones does not want to sell the property. He had given the Association a price and that they had turned his offer down. Councilmember Shirley moved to continue this item until the next Council meeting on December 17, 1991. He also requested that staff look into other methods of acquiring the property, seconded by Councilmember Anderson. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Nay. The motion carried. (b) CONSIDER ACTION - RAMSGATE LANDSCAPING PLAN Staff recommended the following motion: Move to approve the landscape plan dated October 30, 1991 for the Ramsgate Townhomes and require the applicant to fence the trees identified to remain before construction to ensure minimal damage to the trees. Councilmember Anderson moved and Councilmember Shirley seconded the motion to continue this item until December 17, 1991. December 3, 1991 Page 7 A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Nay. The motion carried. (c) WAIVER OF PLAT - 6 WEBSTER PLACE Staff recommended the following motion: Move to approve Resolution No. 91-150 approving the waiver of plat a 6 Webster Place. The applicant proposed dividing the existing lot into two lots. The division would create one lot of 59,931 square feet and a second lot of 91,889 square feet. The action proposed would allow the lots to be divided without going through a full platting process. The applicant requested a continuance until December 17, 1991. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to continue this item until December 31, _ 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) CONSIDER ACTION - CENTRAL CONTRACTORS SUPPLY Staff recommended the following motion: Move to approve Resolution No. 91-151 approving an outside storage area at 621 12th Avenue South. Central Contractors Supply is proposing to relocate to Hopkins. This building was the former site of Crown Fixtures. The site has a vacant area to the south of the building. The applicants is proposing to level this area, construct a fence, and use it for an outside storage area. The site is zoned I-1 Industrial. Mayor Berg requested more information concerning the landscaping on the property. Nancy Anderson informed the Mayor that an agreement had been reached with the Zoning and Planning Commission that Mr. Moline would present the Commission with a landscaping plan by the Planning Commission meeting in March. ~ w December 3, 1991 Page 8 Mayor Berg suggested that an addition to the conditions of the Resolution be that the landscaping be in place by July 1, 1991. This was acceptable to Mr. Moline. After discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to approve Resolution No. 91-151 with the additional condition. 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 - AWARD OF BIDS - CLOCK TOWER Staff recommended adoption of the following motion: Move to adopt Resolution No. 91-146 for award of bid for the Mainstreet Plaza Clock Tower. The award would be made to Michaelson & Associates as the lowest responsible bid. Mr. Harmening reviewed the bids with the Council. Mr. John Dietrich, RLK; stated that he had viewed the plant and various clocks that Mr. Michaelson had done and was very satisfied that the firm could handle the jab. Barbara Jordano, Verdin Company, stated the Mr. Michaelson had been a sales representative for the Verdin Company and that all of the clocks that had been viewed were Verdin clocks. She did not feel that the tower could be completed at the submitted bid price of Mr. Michaelson. Tim Erkilla, Westwood, also stated that he had reservations about the ability for the Michaelson Company in completing the tower. He was concerned about the price and quality. Kermit Junkert, Schulmerich Carrillions, Inc. also stated that he felt that the bid was to low. Mr. Michaelson stated that he was fully qualified and could and would produce an excellent Clock Tower, following the specifications and being in touch with RLK throughout the construction. After discussion Councilmember Shirley moved and Councilmember Anderson seconded the motion to adopt Resolution No. 91-146 awarding the bid to Michaelson & Associates. "r v December 3, 1991 Page 9 A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Nay; Mayor Berg, Aye. The motion carried, VI. PUBLIC COMMENTS/CONCERNS There were no public comments. VII. REPORTS - COMMITTEES/COMMISSIONS Mr. Mielke reminded Council of the meeting on December 4, at 7:00 p.m. in the Council Chambers to approve the 1991 tax levy collectible in 1992 and adopting the 1992 budget. VIII. ADJOURNMENT Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to adjourn The meeting adjourned by unanimous consent. Resp ctfully submitted, l Pat isborne, Deputy City Clerk /'YA TTIT/\TT ffT11fT T1 T~ w