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12-17-91;y ~ A regular meeting of the Hopkins City Council was held on December 17, 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, Genellie, Harmening, Gustafson, Gessele, N. Anderson, Magdal, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Berg called the meting to order at 7:30 p.m. II. SWEARING IN CEREMONY Jim Genellie conducted the swearing in ceremony. Sworn in Dick Slais to the Chemical Health Commission. III. CONSENT AGENDA 1. APPROVAL OF THE DECMEBER 3, 1991 REGULAR MEETING MINUTES 2. APPROVAL OF DISBURSEMENTS. PRELIST 876 3. APPROVE LANDFILL CHANGE ORDERS 9 AND 10 4. APPROVE APPLICATION FOR SPRINKLING SYSTEM ' 1426/28 MAINSTREET 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. IV. OLD BUSINESS (a) RAMSGATE FINAL PLAT Staff recommended the following motion: Move to approve Resolution No. 91-152 approving the final plat for the Ramsgate 2nd addition. Mayor Berg informed the audience that a discussion on eminent domain needed to be conducted before the Council could act on Items a & b. This business was continued from the last council meeting. Tom Harmening gave a report suggesting several ways to f finance the purchase of the property. December 17, 1991 Page 2 He also stated that the legal and administrative costs could be high as $50,000. Harmening indicated that acquiring the property could set a precedent. Valley Park Association would like the City to purchase the property where Minneapolis Floral is located for a park. Mr. Harmening stated that the Resolutions must be acted upon by February 23, 1992 concerning the final plat. He stated that the Council had several alternatives. 1. Authorize appraisal and negotiate on the purchase of the property 2. Continue for further information. Adopt Resolution iniating proceedings Eminent Domain 4. Approve or disapprove final plat and landscaping plan Jerre Miller, City Attorney, stated that various court cases were unclear about what constituted a public purpose and that was a questions the courts would have to decide. However, he did not think that a special assessment could be used to pay for the land. Mr. Miller was asked to give a cost figure. He stated that he could estimate that the costs would run about $300,000 plus legal costs. This procedure could take one to two years. Brian Bates, Attorney for the Association, stated that he feels that the property would be for public use as it would benefit the entire City. He also stated that it would be best for the City of Hopkins and that the City could provide maintenance for said property. Christopher Hayhoe, Attorney for Mr. Jones, stated that Mr. Millers prognosis was entirely correct. He stated that the Council has shown a bias against the property owner and shown a preference for the interests of the neighborhood. He stated that Mr. Jones would like to proceed with the development. Larry McNeff stated that he feels that a $300,000J$400,000 figure was unrealistic. Decmeber 17, 1991 Page 3 Neil Heikkila, Attorney for the Association, stated that he would like the City to maintain the property as a City forest. He also stated that public purpose would be upheld should eminent domain proceedings occur. He would suggest that the City delay and begin negotiations on purchasing the property. Councilmember Anderson questioned where the money would come from. He would like to save the trees. He also favored eminent domain proceedings. He also stated that he felt that it is a public purpose therefore is in favor of the purchase of the property if the City can afford it. Archie Carter stated that he is troubled by the City Councils approach to the problem and would be willing to pay for legal costs. Mayor Berg moved to approve Resolution No. 91-152. The motion died for lack of a second. Councilmember Redepenning moved to reconsider the August 20th motion regarding the use of eminent domain. Councilmember Shirley 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, Nay. The motion carried. The motion before the Council was to begin eminent domain and enter into negotiations to purchase the property. After further discussion Councilmember Redepenning moved to amend the motion and authorize staff to obtain an appraisal of the subject property, undertake negotiations with the owner, and prepare for possible future use a resolution authorizing the commencement of an Eminent Domain procedure wit the funding coming from the general fund and private donations. Councilmember Shirley seconded the motion. Mr. Mielke suggested some kind of commitment for donations. 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. Decmeber 17, 1991 Page 4 Patricia Isaak, 434 Hiawatha Avenue appeared before Council to discuss an easement from Mr. Jones. She said that the rockledge patio and a shed are partly on Mr. Jones property. She stated that the previous owners had built the aforementioned, before the Isaaks purchase of the property. She would like to have the easements in place before any building would take place on the proposed project. Mayor Berg stated that this is private matter and asked Mr. Hayhoe to work with the Isaaks to resolve the problem. Mr. Isaak also appeared stating this is very important to both he and his wife to have this settled. He wanted this to be a matter of record so the property line issue can be taken care of, whatever decisions are made for the proposed town house property. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to continue Resolution No. 91-152. 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 - LANDSCAPE PLAN - RAMSGATE 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 Redepenning moved 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, Nay. The motion carried. (c) CONSIDER ACTION - SECOND READING ORDINANCE NO. 91-700 Staff recommended adopt of Ordinance No. 91-700 for second reading and order published. George Magdal, Fire Marshal, appeared before Council to -- answer questions. December 17, 1991 Page 5 After a brief discussion Councilmember Anderson moved .and Councilmember Redepenning seconded the motion to adopt Ordinance No. 91-700. 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 - WAIVER OF PLAT - 6 WEBER PLACE Staff recommended the following motion: Move to approve Resolution No. 91-150 approving the waiver of plat at 6 Webster Place. The applicant was proposing to divide the existing lot into two lots. The division would create on lot of 59,931 square feet and a second lot of 91,889 square feet. Nancy Anderson stated the Resolution to Council, also informing them that Mr. Bisbee would like to have the Council reduce the sanitary sewer charge of 5,952.50 to $1,952.50. Mr. Bisbee stated that because this hook-up was not made during the original platting of Webster Place, he should not have to pay for it now. Mr. Gessele explained that according to the City code the new property must connect to city water and sanitary sewer facilities as a condition of the lot split. He suggested several alternatives for doing this connection. Mr. Gessele recommended Alternative No. 3 as the least costly. This would require a cross easement from the owner splitting his lot. After discussion Councilmember Redepenning moved and Councilmember Shirley seconded the motion to approve Resolution No. 91-150. 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 17, 1991 Page 6 V. NEW BUSINESS (a) CONSIDER ACTION - ALLEYSCAPE Staff recommended the following motion: Move that Council accept the planning and analysis report as ordered on October 15, 1991, and that an information hearing be scheduled for January 7, 1992 to discuss this report. This action would continue an alleyscape study in the alleys immediately north and south of Mainstreet between 7th and 11th Avenues. After discussion Councilmember Shirley moved and Councilmember Redepenning seconded the motion to accept the report and schedule an information meeting on January 7, 1992. 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. At this time Mayor Berg moved Item No. (g) on the agenda up. (g) CONSIDER ACTION - WINTER FUN FESTIVAL Staff recommended adoption of the following motion: Move to authorize the City Manager to negotiate and approve the application request from the Hopkins Jaycees for their Winter Fun Festival. The Hopkins Jaycee's submitted a permit application for their Winter Fun Festival scheduled for January 18th and 19th, 1992. The activities include softball, broomball, hockey tournaments, ice fishing contest, and a tent dance. Brad Wester of the Hopkins Jaycee's appeared before Council to discuss the proposed plans. Lee Gustafson said that he would work with the Jaycees and advise them as to the dos and don'ts of the projected festival. He also informed them that a charge would be assessed to the Jaycees for labor costs connected with the festival. They stated that this would be fine with them. After discussion Councilmember Shirley moved and Councilmember Kritzler seconded the motion to authorize the -~ City Manager to negotiate and approve the Winter Fund Festival. December 17, 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, Aye. The motion carried unanimously. Mayor Berg moved up the discussion on the Landfill update at this time. (h) DISCUSSION ITEM - LANDFILL UPDATE Jim Gessele discussed the report from Doherty Rumble Butler regarding continuing landfill issues facing the City. John Scoll and Dick Nowlin, Doherty Rumble Butler, appeared before Council to discuss beginning negotiations with ABJ and Rutledge on a pollution easement They would also negotiate with Venturian regarding a limited access road to serve the parcel on the western boundary. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to accept the Landfill update. 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 - RESOLUTION N0. 91-155 REGARDING STORM SEWER UTILTY RATE INCREASE Staff recommended adoption of the following motion: .Move to adopt Resolution No. 91-155 increasing the, storm sewer utility rates effective on bills rendered from and after March, 1, 1992. The initial storm sewer fee was established at $4.75 per REF per quarter on October 1, 1989. The original engineering estimated revenue and the 1991 rate increase to $6.00 per REF per quarter has not covered the shortfall and ongoing expenses of maintenance, the concrete alley programs, construction and the debt service. The recommended increase is from $2.00/month to $2.50/month. After a brief discussion Councilmember Anderson moved and Councilmember Shirley seconded the motion to adopt Resolution No. 91-155. 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 17, 1991 Page 8 (c) CONSIDER ACTION - RESOLUTION NO. 91-156 REGARDING SANITARY SEWER UTILITY RATE INCREASE Staff recommended adoption of the following motion: Move to adopt Resolution No. 91-156. Metropolitan waste control commission disposal fees have risen 21% over the past three years. The proposed rate increase is to the level of $2.50, an increase of $.50 per 1,000 gallons of water. Councilmember Redepenning moved and Councilmember Shirley seconded the motion to adopt Resolution No. 91-156. 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) FIRST READING OF ORDINANCE AMENDING CONTRACTOR'S LICENSE ORDINANCE Staff recommended that the Council approve the follow motion: Move that the Hopkins City Council adopt for f first reading Ordinance No. 91-702. This action will amend Section 440 of the Hopkins City code regarding the licensing of contractors. After discussion Councilmember Anderson moved and Councilmember Shirley seconded the motion to adopt for first reading Ordinance No. 91-702. 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 - LIQUOR LICENSE RENEWAL FOR THE AMERICAN LEGION POST 320 Staff recommended adoption of the following motion: Move that the Hopkins City Council approve the on-sale liquor license for John Wilbur Moore Post 320 with conditions. December 17, 1991 Page 9 The State of Minnesota has put a hold on the renewal of the license until some back taxes on unfiled tax returns are taken care of . If this matter is taken ca-re of before January 1, 1992 the State will issue a Tax Clearance Certificate and we could then, allow the Club to continue to operate as usual. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to approve the license for renewal with conditions. 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 - 1992 LIQUOR LICENSE RENEWALS Staff recommended adoption of the following motion: Move that the Hopkins City Council approve the annual renewal of liquor license. Councilmember Shirley moved and Councilmember Anderson seconded the motion to approve the renewals. 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 There were no public comments. VII. REPORTS - COMMITTEES/COMMISSIONS There were no reports. _ . a December 17, 1991 _ Page 10 VIII. ADJOURNMENT Cauncilmember Redepenning moved and Councilmember Anderson seconded the motion to adjourn. The meeting adjourned by unanimous consent. Respe tfully submitted, Pat Gisborne, Deputy City Clerk COUNCI~Mk3'ER~r°: