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10-07-2008A regular meeting of the Hopkins City Council was held on October 7, 2008, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Youakim, Brausen, Rowan, and Halverson. Also, present were staff members Getschow, Genellie, Stadler, Elverum, Anderson, Bradford, and City Attorney Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:34 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Patrick Jocobwith, 105 Wayside Rd, came forward to express concerns about recent burglaries in the Hobby Acres area. The Mayor and Council Members gave some ideas for crime prevention and said that the Police Crime Prevention Officer would be happy to meet with the neighborhood and instruct them on crime prevention. III. REPORTS -COMMITTEES/COMMISSIONS 1. Park Board, Doug Datta Doug Datta reported that the meeting was held on September 15t". The Board was given an update on Shady Oak Beach Operations. The Board discussed the Tennis court project, the Interlachen Park improvement plan, and the Park Board Strategic Plan and goals. IV. CONSENT AGENDA 1. Minutes of September 2, 2008 City Council Meeting 2. Minutes of September 2, 2008 City Council Work Session 3. Approve Miscellaneous Licenses 4. Authorize City Council Out-Of-State Travel (CR2008-086) 5. Ratify Checks Issued in September 2008 (Memo) 6. Appoint Audrey Chan to the Human Rights Commission (Memo) 7. Appoint Election Judges for 3008 State General Election to be Held on November 4, 2008 (CR2008-089) 8. Adopt Resolution 2008-053, Requesting an Extension for the 2010-2030 Comprehensive Plan (CR2008-091) Council Member Brausen moved and Council Member Halverson seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. October 7, 2008 City Council Meeting Page 1 V. PUBLIC HEARING 1. Adopt Assessment Roll, 2008 Miscellaneous Special Assessments (CR2008- 093) The proposed special assessments are for delinquent utility bills, citations, invoices and for the improvement of street reconstruction on 19t" Ave S. Notices of hearing have been published and notices and assessment statements have been mailed to all affected property owners. Mayor Maxwell opened the public hearing at 7:52 p.m. No one came forward. Council Member Brausen moved and Council Member Halverson seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 7:52 p.m. Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2008-054, Resolution for Adoption of Assessment Roll, 2008 Miscellaneous Special Assessments. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. NEW BUSINESS 1 . Approve Engineering Services Agreement, 2009 Street Improvements (CR2008- 093) The 2009 - 2013 CIP identifies street and utility improvements for 2009 in the Parkridge Neighborhood. Mr. Bradford reviewed the scope of the project. The first step in proceeding with the 2009 project is ordering a feasibility report. Staff recommended Bolton and Menk, Inc. to prepare the report at a cost of 545,221. This does not include design and construction observation services. Council Member Brausen moved and Council Member Halverson seconded a motion to adopt Resolution 2008-055, Resolution Ordering the Preparation of a Feasibility Report for 2009 Street and Utility Improvements and authorize the Mayor and City Manager to enter into an agreement with Bolton &Menk, Inc. to prepare the report. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. October 7, 2008 City Council Meeting Page 2 2. Approve Hennepin County Environmental Response Fund Grant -Fifth Ave Flats (CR2008-087) The City of Hopkins applied for and received a grant award of $618,842 for environmental clean up of the site that Doran and Pratt Development would redevelop into amixed-use project of apartments and retail. Staff recommended that Doran Pratt Development be required to execute asub-recipient agreement with the City. The sub-recipient agreement would obligate Doran Pratt Development to fulfill all the obligations of the grant agreement. The agreement will require Doran Pratt to reimburse the City for all out of pocket expenses incurred. The Hennepin County ERF grant will replace the Met Council dollars previously allocated to this project. Ms. Elverum complimented Hennepin County for being extremely supportive throughout the process. Council Member Rowan moved and Council Member Halverson seconded a motion to approve the Hennepin County Environmental Response Fund agreement between the City of Hopkins and Hennepin County and authorize its execution, subject to the approval and execution of asub-recipient agreement between the City of Hopkins and Doran Pratt Development. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Approve Hennepin County Environmental Response Fund Sub-Recipient Agreement, Fifth Ave Flats (CR2008-088) Ms. Elverum stated that this action would put the burden of liability on the developer. Council Member Youakim moved and Council Member Brausen seconded a motion to approve the sub-recipient agreement between the City of Hopkins and Doran Pratt Development relating to the Hennepin County Environmental Response Fund agreement and authorize its execution. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Adopt Zoning Ordinance Amendment -Animal Day Care (CR2008-090) A request was made of staff to explore the addition of an animal day care use to the zoning ordinance. After researching the possibility and discussing it with the Zoning and Planning Commission, staff recommended that Animal Day Care be a conditional use within the B-3 Zoning District. The Zoning and Planning Commission suggested the October 7, 2008 City Council Meeting Page 3 condition that the outdoor area cannot abut a residential area. The proposed ordinance will allow animal day care in the B-3 Zoning District. Council Members discussed the possibility of adding conditions like licensing and requiring establishments to verify vaccinations. Council Member Brausen moved and Council Member Halverson seconded a motion to adopt Resolution 2008-052, approving Ordinance 2008-1002, allowing animal day care in the B-3 Zoning district for first reading. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. Mayor Maxwell announced the Fire Department open house to be held on Saturday, October 1 1, 2008 VII. ADJOURNMENT There being no further business, Council Member Brausen moved and Council Member Youakim seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:16 p.m. Respectfully Submitted, Terry Obermaier, City Clerk ATTEST: `~~ Eug e J axwell, Mayor October 7, 2008 City Council Meeting Page 4 COUNCIL MEMBERS