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11-07-1989 ,"# , ..r-I .... . ' A regular meeting of the Hopkins City Council was held on November 7, 1989 in the Council Chambers of Hopkins City Hall. Present were Mayor Berg, Councilmembers Anderson, Shirley, Kri tzler, and Redepenning. Also present were ci ty staff Genellie, Mielke, N. Anderson, Thiel, Gessele, and City Attorney Jerre Miller. I . CALL TO ORDER Mayor Berg called the meeting to order at 8:55 p.m. II. SPECIAL ORDER OF BUSINESS Representatives of Thermotech, Chuck Eitel and Bob Radunz presented the Police and Fire Departments with a cash donation of $5,000 for additional equipment. III. CONSENT AGENDA 1. APPROVAL OF THE OCTOBER 17, 1989 REGULAR MEETING MINUTES 2. APPROVAL OF THE OCTOBER 10, 1989 COUNCIL WORKSHOP MEETING MINUTES 3. APPROVAL OF DISBURSEMENTS, PRELIST 824 4. APPROVAL OF MISCELLANEOUS LICENSES 5. APPROVE HENNEPIN COUNTY HEALTH AGREEMENT 6. GAMBLING LICENSE APPLICATION - VFW POST 7. GAMBLING LICENSE APPLICATION - JOHN IRELAND SCHOOL 8. SET PUBLIC HEARING FOR BUDGET 9. APPROVE RESOLUTION AUTHORIZING HCP TO CONDUCT PROMOTIONAL ACTIVITIES 10. GAMBLING LICENSE APPLICATION - RASPBERRY FESTIVAL ASSOCIATION 11. APPOINTMENT OF MIKE WINSHIP TO THE ZONING & PLANNING COMMISSION 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. . . ' . November 7, 1989 Page 2 IV. PUBLIC HEARING a. REORGANIZATION/MODIFICATION OF REDEVELOPMENT PROJECTS AND TAX INCREMENT FINANCING DISTRICTS Staff recommended adoption of the following resolution: Approval of Resolution No. 89-94 adopting "Modification & Reorganization of Redevelopment proj ects & Tax Increment Financing Districts, including a tax increment financing plan for tax increment district 2-2." Mayor Berg opened the Public Hearing at 9:15 p.m. After a brief discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to close the public hearing at 9:18 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 Redepenning moved and Councilmember Shirley seconded the motion to adopt Resolution No. 89-94. A poll of the vote was as follows: Councilmember Anderson, Nay; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. Th motion carried. V. OLD BUSINESS (a) CONSIDER ACTION - SECOND READING ORDINANCE 89-659 BEER SALES Staff recommended the following motion: Move that the Hopkins City Council approve Ordinance No. 89-659 for second reading and order published. This action will amend section 1200 of the Hopkins City Code to allow for establishments which have wine and 3.2 beer licenses to also sell strong beer as long as 60% of their gross income comes from the sale of food. After discussion Councilmember Anderson moved and Councilmember Redepenning seconded the motion to approve Ordinance #89-659 for second reading and ordered published. November 7, 1989 Page 3 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 - TERMINATION OF TAX INCREMENT DISTRICT 150 Staff recommended adoption of the following motion: Move to adopt Resolution No. 89-89 terminating the redevelopment project and tax increment financing a district established on June 23, 1970. This resolution will be provided to the County in conj unction wi th a request that tax increment district 150 be terminated. After a brief discussion Councilmember Redepenning moved and Councilmember Shirley seconded the motion to adopt Resolution 89-89. 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 - WAIVER OF PLATTING REQUIREMENTS WALTER BUSH Staff recommended the following motion: Move to approve Resolution No. 89-84B approving the waiver of plat of Hawthorne Road with a cul-de-sac with a 50 foot radius. This action will allow the applicant to divide the property as proposed with a cul-de-sac meeting the ordinance requirements of a 50 foot radius. Nancy Anderson and Jon Thiel informed Council of the necessity for having the cul-de-sac with a 50 foot radius. Nancy showed the plans of the lot divisions and Jon Thiel explained the need for a turn around area for the snow plowing trucks, refuse pick-up etc. Mr. Bush appear d asking for a smaller cul-de-sac with a 25 foot radius. H felt that a 50 foot radius would limit the construction ability of the houses that would go on the lots. Susan Merrill also appeared before Council and did not like the idea of a cul-de-sac with a 50 foot radius. She stated she would prefer a straight road with a dead end for Hawthorne Road. . . , . November 7, 1989 Page 4 Councilmember Shirley was concerned about not following th ordinance and allowing a small radius to be used. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to adopt Resolution 89-84A making findings of fact and approving application for waiver of Plat WVR: 89-2 with a cul-de-sac with a 25 foot radius. He also stated that he feels this is a hardship due to the unusual shape of the lots. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Nay; Councilmember Kritzler, Aye: Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried. (c) CONSIDER ACTION - VACATION OF RIGHT-OF-WAY - WALTER BUSH Move to adopt Resolution No. 89-83B approving the vacation of the south part of Hawthorne Road with a cul-de-sac with a 50 foot radius. Approval of this resolution will vacate approximately the south 67 feet of Hawthorne Road with a cul-de-sac meeting the ordinance requirements of a 50 foot radius. Councilmember Redepenning moved and Councilmember Kritzler moved to adopt Resolution 89-83A approving vacation of th south part of Hawthorne Road with a 25 foot radius cul-d - sac. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Nay; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried. (d) CONSIDER ACTION - PROPOSED CONCEPT PLAN - STUART DEVELOPMENT Stuart Corporation is proposing to develop property in Minnetonka which is directly west of Greenfield Apartments and the Hopkins landfill. The development would be apartments and townhouses. The only access currently existing to the property is from Smetana Road. They are proposing to extend 7th Street South to allow additional access to the property. Jerry Sovell of Stuart Corporation appeared before the Council and Mitch Wonson of Benshoof & Associates to answer questions the Council might have. The consensus of Council was to proceed with the project. ," November 7, 1989 Page 5 (e) CONSIDER ACTION - REQUEST FOR VARIANCE - RUDY LUTHER Staff recommended approval of the following motion: Move to adopt Resolution No. 89-91 approving the variance to construct a building in the 20 foot setback. Approval of this resolution will allow the applicant to construct a building in the front yard setback. Gordon Nelson, representing Ruty Luther Hopkins Honda appeared before th Council with drawings of the proposed building. After discussion Councilmember Kritzler moved Councilmember Shirley seconded the motion to Resolution No. 89-91 approving the variance. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. Th motion carried unanimously. and adopt (f) CONSIDER ACTION - FIRST READING - MOBILE PARK INSPECTION Staff recommended approval of the following motion: Move to adopt Resolution No. 89-92 recommending approval of Ordinance No. 89-658 for first reading. Tom Goodman an Attorney for the Pines owners appeared before Council to cite several reasons for not approving this recommendation at the Council meeting. He felt that he had not had enough time to study the reports. He also asked for a continuation of the resolution and first reading of the ordinance. After a great deal of discussion Councilmember Redepenning moved and Councilmember Anderson seconded the motion to continue this item for one month until the December 5th Council meeting. 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. . November 7, 1989 Page 6 (g) CONSIDER ACTION - 1ST READING MOBILE PARK ORDINANCE - ZONING Staff recommended approval of the following motion: Move to adopt Resolution NO. 89-02 recommending approval of Ordinance No. 89-658 for first reading. Approval of this resolution would establish an ordinance to regulate any new mobile home park. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to continue this item for one month. 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 - WAIVER OF PLATTING REQUIREMENTS - HARLEY HOPKINS Staff recommended approval of the following motion: Move to adopt Resolution No. 89-95 approving the waiver of the plat to divide the Harley Hopkins site. Approval of this resolution will divide the existing lot into two parcels. The City recently purchased the east part of the site for construction of a storm water retention pond. The site needs to be divided because there are now two owners of this property. Councilmember Anderson moved and Councilmember Shirley seconded the motion to adopt Resolution No. 89-95 approving the waiver of the plat. 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. (i) CONSIDER ACTION - RESOLUTION (SALE OF BONDS) Staff recommended adoption of the following resolution: Resolution No. 89-102 authorizing the sale of a $1,390,000 Redevelopment Bond. With approval of this resolution, Evanson Dodge will prepare the bond documents and advertise the sale. On December 5 the City Council will be requested to approve a resolution awarding the sale of the bond. After a brief discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to authorize the sale of a $1,390,000 Redevelopment Bond. November 7, 1989 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. (j) CONSIDER ACTION - NO. 89-103 (SALE OF BONDS) Staff recommended adoption of the fOllowing motion: Move that Resolution No. 89-103 "Authorize the Issuance and Set Sale Date for $2,790,000 of General Obligation Sewer Revenue Bonds", be adopted. Adoption of this Resolution and Item (k) in conjunction with the resolution to authorize $1,390,000, tax increment bonds will enable the City to sell $4,590,000 of tax exempt bonds for 1989. Construction of storm sewers and concrete alleys have been estimated at a cost of $3,186,000 through 1994. Eighty- seven percent (87%) of the construction will be done in 1989. Councilmember Shirley, moved and Councilmember Anderson seconded the motion to authorize the issuance and a sale date for $2,790,900 of General Obligation Bonds. A poll of the vote was a follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. (k) CONSIDER ACTION - RESOLUTION NO. 89-104 Staff recommended adoption of the following motion: Move that Resolution No. 89-104 "Authorize the issuance and S t Sale Date For $410,000 of Capital Loan Notes", be adopted. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to adopt Resolution No. 89-104. 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. (1) CONSIDER ACTION - HOP-A-RIDE BIDS Staff recommended adoption of the following motion: Move to award the Hop-A-Ride bid to Town Taxi at $1.99 per ride and to increase the ticket price $.05 per ride. v . . November 7, 1989 Page 8 Councilmember Anderson moved and Councilmember Redepenning seconded the motion to adopt resolution No. 89-104 and award the Hop-A-Ride bid to Town Taxi. A poll of the vote was as follows; Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. Th motion carried unanimously. (m) CONSIDER ACTION - PROPOSED TAX LEVY Staff recommended adoption of the following motion: Move that Resolution No. 89-100 "Approving 1989 proposed Tax Levy Collectible in 1990" be adopted. Adoption of this resolution will enable the City to comply with the special 1989 legislative session property tax law. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to adopt Resolution No. 89-100. 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. (n) CONSIDER ACTION - VETERANS MEMORIAL Staff recommended adoption of the following motion: Move to approve a budget of $15,500 for the veterans memorial in Downtown Park and to authorize staff to proceed with the project. Steve Mielke informed the Council that he had heard from the American Legion Club and the VFW. They each have agreed to contribute 30% of the total cost. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to approve a budget of $15,500 for the veterans memorial in the Downtown Park. 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. -- . . . November 7, 1989 Page 9 (0) CONSIDER ACTION - AWARD CONTRACT - CURBSIDE RECYCLING Staff recommended adoption of the following motion: Award the bid for curbside recycling in residential areas to Waste Management for $2.15 per month per certified dwelling unit. After a brief discussion Councilmember Anderson moved and Councilmember Redepenning seconded the motion to award the bid to Waste Management for $2.15 per month per certifi d dwelling unit. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzl, r, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. (p) CONSIDER ACTION - FIRST READING ORDINANCE NO. 89-661 WEED NUISANCE Staff recommended that the Council approve the following motion: Move the first reading of Ordinance No. 89-661, amending Section 820.05 of the Hopkins City Code. This action will provide the City with a more precise definition for Weed Nuisances and will bring the Ordinance into conformance with current practices. Councilmember Shirley moved and Councilmember Anderson moved to approve for first reading ordinance No. 89-661. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. Th motion carried unanimously. (q) CONSIDER ACTION - FUNDS FOR MONITORING WELLS AT LANDFILL Staff recommended adoption of the following motion: Move to authorize expenditure of City funds for installing two addition groundwater monitoring wells at the Hopkins Sanitary landfill and preparing an addendum to the Investigation and Installation report previously prepared by Braun Environmental Laboratories, Inc. on May 1, 1989. After a brief discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to authorize the above expenditure. .' . . November 7, 1989 Page 10 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. (r) CONSIDER ACTION - FUNDS FOR GAS AND GROUND WATER MONITORING FELTL COURT . Staff recommended adoption of the following motion: Move to authorize expenditure of City funds for an investigation to determine if specified environmental contaminants ar present in the ground water or if there is soil gas on th opus property located at Feltl Court, Hopkins, Minnesota. Monitoring wells at the Hopkins landfill, as well as monitoring wells to be installed as part of the investigation, will be used for sampling. Councilmemb r Redepenning moved and Councilmember Kritzler seconded the motion authorize the expenditure. 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. (s) CONSIDER ACTION - RESOLUTION 89-97 REGARDING FUNDING OF WEST HENNEPIN HUMAN SERVICES Staff recommended adoption of the following motion: Mov that the Hopkins City Council adopt Resolution No. 89-97 supporting continued funding by Hennepin County for West Hennepin Human Services Planning Board. This action will put the ci ty of Hopkins on record as supporting continued funding for West Hennepin Human Services by Hennepin County. Councilmember Anderson moved and Councilmember Redepenning second the motion to adopt Resolution No. 89-97. 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. . ~ t' ~ . . . " November 7, 1989 Page 11 Councilmember Anderson moved and Councilmember Redepenning seconded the motion to adj ourn The meeting adj ourned by unanimous consent. Respectfully submitted, ~ ~~-- ~ Pat Gi borne, Deputy City Clerk