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06-17-97A regular meeting of the Hopkins City Council was held on June 17, 1997 in the Council Chambers of Hopkins City Hall. Present were Mayor Redepenning and Council Members Maxwell, Hesch, Johnson, and Jensen. Also present were staff members Mielke, Genellie, Stadler, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Redepenning called the meeting to order at 7:52 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. CONSENT AGENDA 1. June 3, 1.997 regular meeting minutes • 2. Disbursements, Prelist 1016 3. Approve board and commission appointments (Memo) 4. Approve reimbursement resolution, HCA (CR97-116) 5. Brush pick up changes (CR97-111) 6. Engineering proposal, 1997 EVP system (CR97-115) 7. Certification of local pertormance measures (CR97-119) Council Member Johnson moved and Council Member Maxwell seconded a motion to approve the consent agenda. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, sye; Mayor ••Redepenning, aye. The motion was carried unanimously. IV. PUBLIC HEARING 1. Approve Ordinance 97-801, amending Charter for first reading (CR97-120) Jim Genellie told the Council that the Charter Commission recommended housekeeping changes to the City Charter. "Councilmember" was changed to Council Member. Other changes were made to comply with State Statutes. Mr. Genellie explained the process for making changes to the City Charter. Mayor Redepenning opened the public hearing at 7:55p.m. There were no comments from the public. Council Member Hesch moved and Council Member Jensen seconded a motion to close the public hearing. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The public hearing was closed by unanimous consent at 7:56 p.m. ' Juns 17, 1997 City Council Msetinp Pepe 1 Council Member Johnson moved and Council Member Maxwell seconded a motion to approve Ordinance 97-801 for first reading, amending the City Charter. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion was carried unanimously. VI. NEW BUSINESS 1. Raspberry Days special event permit (CR97-113) Jim Genellie told the Council that the Jaycees have applied for permits for the Raspberry Festival and parade. He said that a planning session will be held on Monday, June 23, to go over the schedule, items to be provided by the City, and the effect of street closings because of construction. City Manager Steve Mielke explained that special event permits are administered by staff, but because of the• magnitude of the Raspberry Festival, the application was brought to the attention of Council to review and approve the schedule. Council Member Hesch moved and Council Member Jensen seconded a motion to approve the schedule of events for the Raspberry Festival. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, sye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion was carried unanimously. 2. Review Minnehaha Creek Watershed agreement Steve Stadler told Council that staff has not been able to negotiate an agreement with the Minnehaha Creek Watershed District involving the Semper Development (Walgreens/V1lhitecastle redevelopment). At this time the MCWD 'has a rule in place that requires off site retention of waste water if it cannot be provided on site. The City is responsible for acquiring the land but the MCWD policy does not provide for reimbursement to the City by those who use it. They also allow private use of the basins without City input or permission. Currently the MCWD engineer is taking a closer look at the feasibility of two potential detention basin sites, both with land costs of approximately ~ 100,000. A third site was eliminated because of costs. Mr. Stadler said that the MCWD rules needed to be changed to reflect the ownership and control issues of any land the City is required to purchase for detention basins. A task force is being created by the MCWD to review the procedure. Council discussed the rules and possible options and instructed Mr. Stadler to keep them advised of proceedings. 3. Approve construction cooperative agreement, County Road 3, Segment 1 (CR97- 118) June 17, 1887 C'~ty Council Mea~dnp Pape 2 Steve Stadler told the Council that Hennepin County has completed estimated construction costs for the Excelsior Boulevard project, segment one, and has submitted a construction ' agreement between the City of Hopkins and Hennepin County. Mr. Stadler went over the estimated costs and the maintenance responsibilities of the City and the county. Council Member Hesch moved and Council Member Jensen seconded a motion to approve the proposed construction cooperative agreement between the City of Hopkins and Hennepin County for construction and maintenance related to Excelsior Boulevard Improvements, Segment one. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member •Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion was carried unanimously. 4. Grant License, waive penalty, Integrity Auto Brokers, Inc. (CR97-112) Terry Obermaier told Council that the applicant submitted an application and requested that Council waive the penalty. Ms. Obermaier said that Mr. Walsh purchased the business in September or 'October of 1996 and was aware in October 1996 that he would need to apply fora 1997 license. When the penalty fee was applied, Mr. Walsh asked that Council waive the penalty. The ordinance requires that a State license be ,acquired before the City License is issued.. It• is believed that Mr. Walsh has applied for the State license. City Attorney Jerre Miller said that the penalty fee is justified. Council Member Maxwell moved and Council Member Jensen seconded a motion to approve the application for license for Automobile Dealer for Integrity Auto Brokers, Inc, if evidence is shown that reasonable effort is being made by the applicant to acquire a state license and deny the request to waive the penalty fees. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion was carried unanimously. 5. Liquor license application for Hopkins Liquor (CR97-114) Terry Obermaier told Council that Tryong La has applied for an off-sale liquor license for Hopkins Liquors. Mr. La is in the process of purchasing the business and the purchase is contingent on the acquisition of the license. Because of the purchase schedule, the application was brought to the Council without the full investigation being completed. The Police Department has received replies from the FBI and BCI but not from Hawaii where Mr. La has resided the past ten years. • Mayor Redepenning emphasized the need to obey liquor laws. Council instructed staff to give Mr. La a copy of the ordinance and penalty procedures. Council Member Johnson moved and Council Member Hesch seconded a motion to approve the off-sale liquor license application for Tryong La, an individual, doing business as Hopkins Liquors, located at 712 - 11 ~' Avenue South along with an application to sell cigarettes not by machine subject to police approval upon receipt of information from Hawaii. A poll of the vote was as follows: Council Member Maxwell, aye; Council June 17, 1997 City Council Meatlnp Pape 3 Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion was carried unanimously. VII. REPORTS -COMMITTEES/COMMISSIONS Council Member Jensen: Attended the Park Board meeting and the Human Rights Commission Meeting. The Park Board toured the trail. The Human Rights Commission approved a Hate Bias Crime Response Plan to be submitted to Council at its July 1St meeting. They also selected 12 finalists for their Calendar Project from pictures done by Alice Smith fourth, fifth and sixth graders. That project is moving right along. Council Member Johnson: Attended the Raspberry festival meeting on Monday night. All is going well. Council Member Johnson announced the Town Meeting on Tobacco to be held on June 30, 1997, at City Hall and invited all to attend. City Manager Steve Mielke announced the meeting on Wednesday, June 18, 1997, to present the preliminary traffic analysis of County Road 73 from Highway 7 to Minnetonka Boulevard. Mayor Redepenning requested that someone from staff attend the meeting and report on the comments. VIII. ADJOURNMENT There being no further business, Council Member Johnson moved and Council Member Hesch seconded a motion to adjourn. The meeting was adjourned by unanimous consent at 9:22 p.m. Respectfully Submitted, erry rmaier, City Clerk COUNCIL MEMBERS ATTEST: Charles D. Redepenning, Mayor June 17, 1997 City Council Meeting v Page 4 .i~-