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02-05-91i A regular meeting of the Hopkins City Council was held on February 5, 1991 in the City Council Chambers of Hopkins City Hall. Present were Mayor Berg, Councilmembers Anderson, Shirley, Kritzler and Redepenning. Also present were City staff Mielke, Genellie, Harmening, Gessele, Kerrigan „ Fritsinger and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Berg called the meeting to order at 10:10 p.m. II. CONSENT AGENDA 1. APPROVAL OF THE JANUARY 15, 1991 REGULAR MEETING MINUTES 2. APPROVAL OF DISBURSEMENTS, PRELIST 855 3. APPROVAL OF MISCELLANEOUS LICENSE 4. APPROVE APPOINTMENT OF JANNETTE HOLEN TO THE WEST SUBURBAN HUMAN SERVICES BOARD OF DIRECTORS 5. APPROVE HMEA CONTRACT FOR 1991 6. APPROVE POLICE OFFICERS CONTRACT 7. APPROVE PSO/DISPATCHER'S CONTRACT 8. APPROVE PERMIT PARKING CHANGE LOT 600 - RESOLUTION NO. 91-13 '~ 9. APPROVE PERMIT PRICE REDUCTION LOT 900 - RESOLUTION NO. 91-13 10. APPROVE INCREASE IN PERMIT PARKING FEES - RESOLUTION NO. 91-13 11. APPROVE SECOND AMENDMENT TO LEXINGTON PARKING AGREEMENT 12. APPROVE AWARD OF BID - OPPORTUNITY COURT 13. CONTINUANCE OF KNOLLWOOD STREET PROJECT 14. APPROVE BID AWARD FOR STREET SWEEPER 15. APPROVE BID - HEAVY RESCUE VEHICLE 16. APPROVE APPOINTMENTS TO THE JOINT RECREATION BOARD 17. APPROVE REVIEW OF MULTIPLE FAMILY ZONED/DESIGNATED PARCELS 18. LICENSE #13 - METRO MOTOR CARDS LTD (pulled from last weeks list) 19. APPROVE SALE OF LAND, REDEVELOPMENT AGREEMENT WITH THE CHANGES AS DISCUSSED,~FINAL TIF APPLICATION AND CONCURRENTLY WORK ON A PLAN TO ADDRESS THE PARKING CONCERNS, SUBJECT TO REVIEW BY THE HRA. MOVIE THEATER PROJECT/BURSCH PROPOERTY _Councilmember Redepenning moved and Councilmember Shirley seconded the motion to approve the Consent Agenda. A poll of the vote was as follows: Councilmember Anderson, Nay on Item No. 19, Aye to all other items; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried. February 5, 1991 Page 2 III. SPECIAL ORDER OF BUSINESS a. Jim Genellie swore in Jannette Holen to serve on the West Suburban Human Services Board of Directors. The Council welcomed Ms. Holen to the Board and wished her well. IV. APPEARANCE a. COMMISSIONER JOHN KEEFE - FISCAL DISPARITIES Commissioner Keefe addressed the Council concerning f fiscal disparities. Hennepin County would like to change the disposition of the funds and limit the level that Hennepin County and the Municipalities within the County pay into state pool. He requested that the City Council adopt a Resolution to present to the State Legislature. Councilmember Shirley moved and Councilmember Anderson seconded the motion to approve a Resolution supporting the Hennepin County Board of Commissioners that urges the Legislature to consider limiting the size of the tax base contribution pool as proposed. V. OLD BUSINESS A. CONSIDER ACTION - 2ND READING - ORDINANCE ON ADULT ORIENTED BUSINESSES Staff recommended adoption of the following motion: Move to adopt Ordinance No. 91-671 for second reading and order published. This is the second reading for a moratorium on adult oriented businesses. The existing zoning ordinance does not define or regulate adult oriented businesses: The moratorium will provide time to draft an ordinance that regulates these types or uses before they become a problem. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to adopt Ordinance No. 91-671 for second reading and order published. 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 ~. ~ ,~ + £ February 5, 1991 Page 3 b. CONSIDER ACTION - PAVILION OPERATION POLICY/AGREEMENTS Staff recommended that the Council approve operational policies and rental agreements for the operation of dry floor events. Ray Vogtman explained the changes that had been made in the policies. Dick Stanley appeared on behalf of Music in the Park. Both Mr. Stanley and Councilmember Redepenning agreed that it would be nice to be able to use the Pavilion in the event of rain. It was decided that if the facility was not being used and they could get along without a stage that it would cause no problems to use the facility at the last minute in the event of inclement weather. The Hopkins Jaycee's also appeared questioning the cost of non-profit events such as the annual Easter egg hunt. They accepted the charge for events that would return a profit. Mike Tait of the Raspberry Festival felt that anyone using the facility should pay a fee. After discussion Councilmember Redepenning moved and Councilmember Shirley seconded the motion to approve the operation policies and rental agreements for the operation of dry f loor events with looking into further amending the policy to cover unscheduled events. 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. CONSIDER ACTION - LOT 500 RESTRICTIONS Staff recommended adoption of the following motion: Move to designate the 4th and 5th rows in Lot #500 to the East of 11th Avenue as Customer Parking Only. This would be adopted on a 90 day trial basis by the City Council. Sergeant Neff of the Hopkins Police Department addressed the Council on the restriction on the lot. On behalf of the Police Department they would like to see the posting left up. He said it has cut down on a lot of the loitering. k,. ;~ February 5, 1991 - Page 4 Mike Tait of Tait's Super Valu stated that if the lot is posted it could cut down on the available parking space not only for his customers but for the Boston Subway, Hopkins Community Promotions, and the Hopkins Jaycees. Both the Hopkins Community Promotions and the Hopkins Jaycees have meetings using the parking lot. The Jaycees stated that at their meeting they often have 40 to 50 members attend. It was agreed that should there not be enough spaces in the designated area passes would be issued to allow people to park. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to designate the 2nd, 3rd, 4th and 5th rows East of 11th Avenue as Customer, Service Parking. 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 - SIDE YARD VARIANCE - KELLEY Staff recommended approval of the following motion: Move to approve Resolution No. 91-10 denying the 6.5 side yard variance at 121 Blake Road south. Approval of this motion would not allow Mr. Kelley to construct the proposed addition. Mr. Kelley appeared before Council to request that Council allow him to build the structure. He showed drawings of the improvements. ,, Attorney Miller explained that a court case cited merely upheld the City's legislative authority to decide variance cases. After discussion Councilmember Shirley moved and Councilmember Anderson seconded the motion to approve Resolution No. 91-10 approving application for side yard variance VN 90-1. 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. U t .} 4 k- ` L February 5, 1991 Page 5 c. CONSIDER ACTION - LRT AGREEMENT WITH HENNEPIN COUNTY RAILROAD AUTHORITY Staff recommended adoption of the following motion: Move to approve the Contract for Conveyance of Land and Easements by and between the Housing & Redevelopment Authority in an for the City of Hopkins and the City of Hopkins and the Hennepin County Regional Railroad Authority. At this time HCRRA staff has not yet commented on the proposed contract. Based upon the HCRRA's review of the contract, it may be necessary for City staff to return to the City Council/HRA for consideration of possible amendments to the agreement. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to approve the Contract for Conveyance of Land and Easements by and between the Housing & Redevelopment Authority in and for the City of Hopkins, and the City of Hopkins and the Hennepin County Regional Railroad Authority. 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. UPDATE - MAINSTREET CONSTRUCTION (Design Review Committee) Tom Harmening updated the City Council on the progress of the Design Review Committee. Several members of Westwood appeared before Council to explain the present plans and asking for guidance in pursuing various options. Toni Richardson also appeared adding input from the Hopkins Mainstreet Design Review Committee. After discussion Mayor Berg thanked the group for the update. Mayor Berg announced that Items No. a and f would be continued until the next Council meeting due to the late hour. VII. PUBLIC COMMENTS/CONCERNS There were no public comments. I ~ s , y ~ ~. l February 5, 1991 Page 6 C7 VIII. REPORTS - COMMITTEES/COMMISSIONS Mr. Mielke informed the Council of a request from a group requesting that they be allowed to tie yellow ribbons on the poles in downtown Hopkins in honor of the service men and women. The Council agreed that this should be allowed. IX. ADJOURNMENT Councilmember Redepenning moved and Councilmember Anderson seconded the motion to adjourn. The meeting adjourned by unanimous consent. Respectfully submitted, Pat Gis orne, Deputy City Clerk COUNCILMEMBERS: ATTEST Nelson W. Berg, Mayor