01-15-91~~ ~~
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A regular meeting
January 15, 1991
City Hall.
of the Hopkins City Council mras held on
in the City Council Chambers of Hopkins
Present Hera Rayor Barg, Counciimea~bars Anderson, Shirley,
Rritslar and R-~apanning. Also present Nara City staff
Mislka, Genallie, Harmening, vogtman and City Attorney
Jerre Millar.
I. c.ALL To oRD~
Mayor Barg called the meeting to order at 7:44 p.m.
II. DISCtTSSION OF LEGISLATIVE ITE'!~S HITH SENATOR l~lONDALE
AI~iD REPRESENTATIVE OLSEN
Senator ~Iondala and R~~asentativa Olsen brought the Council
up to data on the upcoming legislative sessions.
Senator Mondala stated that the shortfall Nill be addressed
on Radnasday evening by Governor Carlson. Ha also stated
that he mrould oppose the State taking money array from the
Cities.
Rapresentativa Olean explained some of the possible cuts in
State aid to the Cities. She also, stated that she could
oppose any large cuts in State aid to the Cities.
Both Senator l~iondale and Representative Olean pledged to
keep the Council inforaad on the short and long term
problems created by the shortfall.
III. CONSE~i'1' AGENDA
1. APPROVAL OF THE JANUARY 8, 1991 REGULAR 1~EETING
I~ur~ui•~sS
a . !APROVAL OF DISHURSffi~TS, P'Q~•TST 854
3. APPROVAL OF MIS~''~•T•ANEOUS LICENSES
4. APPROVE C01~1TRACT FOR _ur~,T~t INSP$C'POR
5. A1kaN~dENT TO EARLY RSTIRE~' INSURANCE BENEFIT
POLICY
Jim Genellie asked that Item # 13 be removed from: the
license list. After discussion Councilmembar Redepenninq
moved and Councilmembar Rritslar seconded the motion to
approve the Consent Agenda Mith the exception of Item No. 13
on the license list.
A poll of the vote xas as follow: Councilmambar Anderson,
Aye; Councilmembar Shirley, Aye; Councilmember Rritalar,
Aye; Councilmember Redepanninq, Aye; Mayor Berg, Aye. The
motion carried unanimously.
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January 15, 191
Page a
IV. OLD BUSINESS
a. DISCQSSION - Li~iDFILL
18r. I~Iielke discussed with the Council the items discussed at
the last Council meeting.
i. Contingency plan to allow for temporary relocation
2. Soil conditions adj~cant to the Town Homsss.
Ha stated that ha had mat with the Engineers and Consulting
parties and asked lrlark Larson of Braun Enginaerinq to bring
the Council up to date on the soil borings. 18r. Larson
stated that additional borings would ba done this week and
that Braun Mould have more inforaation when this was
comtpleted. He restated that they do not believe there is
waste under the buildings. The monitors and borings have not
shown that this condition exists.
Leslie Davis and Larry Coleman, Attorney for Barth
Protectors, Inc. were present to address the Council. 18r.
Davis suggested that when the borings era being done that
they qo deep and that the soil be tasted for hydro carbons.
l~r. Davis challenged the results of Braun Bnginearinq.
Dick Nowlin, Attorney passed out a copy of a latter he had
written to R'r. Coleman. In it, he reiterated his findings
have not changed since the January 8, 1991 Council meeting
and he believes that the City of Hopkins is proceeding in
the proper manner. He also assured Council that Braun
Enginaerinq is doing a thorough job and would have nothing
to gain by giving false inforaation to the Council.
Mayor Barg asked that the Council be informed as soon as the
results of the additional borings are completed and if
necessary they would call a spacial Council meeting should
problems arise.
l~r. Kielke informed the Council that he would appoint a
liason person so that there would be one direct parson to
deal with on this issue.
a. CONSIDER ACTION - PR~•~IINARY DESIGN - SO~rtiwaST
CORRIDOR
Staff reco~mmanded adoption of the following motion: 1Kova
that the Council adopt Resolution No. 91-06 requesting an
extension from the Hennepin County Regional Railroad
Authority regarding the approval of preliminary design plans
for Southwest Light Rail Transit Corridor.
January 15, 1991
Page 3
Approval of this motion would allow the City to formally
request of the HCRRA an extension of 90 days to allow for
further study on issues pertaining to the Preliminary Design
Plans for the Southwest LRT Corridor.
After discussion Councilmember Shirley moved and
Councilmember Anderson seconded the motion to adapt
Resolution No. 91-06.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember ~italer,
Ays; Councilmember Redepenninq, Ays; Mayor Herq, Aye. The
motion carried unanimously.
V. NEN BUSINESS
a. CONSIDER ACTION -PAVILION OPERI~ITION POLICY AND
AGREEI~ffii1T
Staff recommended adoption of the following motion: A ove
the Legislative Policy, Rental Agreements and Attachments
for the operation of dry floor events in the Hopkins
Pavilion.
Ray Vogtmari appeared before Council to answer questions.
Several of the Cauncilmembers were concerned about the
procedures for public use of the pavilion. Councilmember
Anderson questioned whether their should be free public time
scheduled. Councilmember Redepenninq brought up the issue of
using the facility for 18usic in the Park should a need
arise due to weather conditions.
Aftsr discussion Councilmember Anderson moved and
Councilmember Redepenninq seconded the motion to continua
this action until the February 5, 1991 Council meeting.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Ays; Councilmembsr icritsler,
Ays; Councilmembsr Radepenning, Ays; Mayor Berg, Ays. The
motion carried unanimously.
b. CONSIDER ACTION -REVISION OF AGRBEKENT -AUTO
MALL
Staf f reco~m~nended adoption of the following motf on: Move to
approve Amen~*~~nt to Developers Ays ~~~ent and Street right-
of-way use agreement between the City of Hopkins and Auto
Mall Partnership dated March 17, 1987, and authori$inq the
City Manager and Mayor to execute am-nded agreement.
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January 15, 1991
Page 4
1~. Harmening explained the purpose of the agreement
request.
After discussion Councilmember Radapanning moved and
Councilmembar Shirley seconded the motion to approve the
amendment and authorise the City Manager and Mayor to
ey-cute the amended agreement.
A poll of the Vote was as follows: Counciimember Anderson,
Aye; Counciimambar Shirley, Aya; Councilmambar Rritsler,
Aye; Councilmember Radepenninq, Aya; Mayor Berg, Aye. The
motion carried unanimously.
c. CONSIDffit ACTION - MOR1~lTORI~I ADUI~
Staff reco~amendad approval of the following motion: Move to
a~~u~.-e Resolution No. 91-05 approving Ordinance No. 91-671
for first reading establishing a moratorium on the a~~soval
of adult - oriented businesses.
Approval of this motion would put a la month moratorium on
the approval of adult-oriented businesses. The 8oninq
Ordinance currently does not regulate adult-oriented
businesses, such as adult bookstores, adult motion picture
theaters, etc. These types of uses cannot ba banned from
cities, because they era protected by constitutional
guarantees. However, cities can regulate through the soning
ordinance where t~p~e types of uses era allowed. The City
Code regulates adult oriented services, but not businesses.
Councilmembar 1Critsler moved and Councilmember Redapenning
seconded the motion to approve Resolution No. 91-05
approving Ordinance No. 9i-671 for first reading.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember i~itslar,
Aye; Councilmambar Redapenning, Aya; Mayor Berg, Aye. The
motion carried unanimously.
VII. PUBLIC COM~IBNTS/CONc::sxNB
Bob Riggs owner of two properties in the Mestbrooke Patio
Homes development expressed concern over the repairs and
felt that the City was moving to fast. He requested that the
Council put this project on hold for the time being.
Norm Byars of 1320 Magonwheel informed Council that there
were avatar leaks around the foundations of the homes.
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January 15, 1991
Page 5
VIII. REPORTS COIGII'1-1'JSJSS/
Councilmembar Radepenninq inforaad Council that there wra
tiro Haar officers .on the Park and ~t~~sation Board. Darrell
McAnnany is tfie na~r Chairperson and Sill Schumacher is the
raprasantative for the Hopkins/xinnetonka Recreation board.
Bob i~nderson reported on the County Road 3 Task Force.
II . l~D~TOURI~i!!ffi~T
Councilmember ~tsdapanninq moved and Councilmenbar Rritaler
seconded the motion to adjourn. The seating adjourned by
unanimous consent.
Respectfully submitted,
.
Pst Gisborna, Deputy City Clark
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Na son ~. Sarq, Rayor
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