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06-04-91x-- tr A regular meeting of the Hopkins City Council was held on June 4, 1991 in the City Council Chambers of Hopkins City Hall. Present were Mayor Berg, Councilmembers Anderson, Shirley, Kritzler and Redepenning. Also present were staff members Mielke, Genellie, Harmening, Gustafson, Kerrigan, Vogtman and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Berg called the meeting to order at 7:30 p.m. II. PRESENTATION Mayor Berg and City Manager Mielke unveiled the new City Flag and had the winning artist Jane Hulstrom sign the f lag which will be given to the Historical Society for posterity. III. CONSENT AGENDA 1. APPROVAL OF THE MAY 21, 1991 REGULAR MEETING MINUTES 2. APPROVAL OF DISBURSEMENTS, PRELIST 863 3. APPROVAL OF MISCELLANEOUS LICENSES 4. APPROVE AGREEMENT - FARMERS MARKET 5. APPROVE USE OF CITY PROPERTY - TEMPORARY BILLBOARD 6. ADOPT RESOLUTION NO. 91-72 ENDORSING STEVEN MIELKE AS CANDIDATE TO LMC BOARD OF DIRECTORS 7. ADOPT RESOLUTION OF COMMENDATION - DOUGLAS DRYLAND 8. APPROVE 3.2 BEER LICENSE - JAYCEE 9. APPROVE 3.2 BEER LICENSE - VFW 10. AWARD AND SIGN CONTRACT FOR PLAYGROUND EQUIPMENT 11. ADOPT RESOLUTION NO. 91-73 OF SUPPORT FOR OPTIONAL SALES TAX 12. APPROVE CENTRAL PARK LIGHTING BID AWARD 13. APPROVE CENTRAL PARK FIELD REHAB BID AWARD Councilmember Kritzler asked that Item No. 11 on the Consent Agenda be moved to Item No. E under new business. Councilmember Anderson moved and Councilmember Kritzler seconded the motion to approve the Consent Agenda moving Item No. 11 to new business. 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. June 4, 1991 Page 2 IV. OLD BUSINESS (a.) NON-DOMESTICATED ANIMAL ORDINANCE - SECOND READING Staff recommended the following motion: Move that the Hopkins City Council approve Ordinance No. 90-679 for second reading and order published. This action will add Section 940 to the Hopkins City Code prohibiting the keeping of non-domesticated animals within the City. Joe Miller, the owner of Samson, the Cougar requested a revision of the Ordinance. He asked for a grandfather clause which would allow him to keep Samson. He felt that it would unjust to make him get rid of his pet. He presented the Council with a petition signed by 500 names protesting the ordinance. Not all of the signatures were Hopkins residents. Pete Bergeson addressed Council on behalf of Mr. Miller. He also was in favor of the grandfather clause. ~` Councilmember Anderson stated that he had fears about keeping wild animals and was against allowing a grandfather clause. He also stated that he is in sympathy with Mr. Miller but that Mr. Miller could not guarantee that Samson would not get out of his pen and roam the streets. Councilmember Kritzler stated that although Samson in not a nuisance at this time, he also had fears that should the cat get loose people would be terrified seeing the animal roam about loose. He was against the grandfather clause and stated that wild animals should not be kept in the City. Councilmember Shirley stated a grandfather clause would be appropriate under the circumstances. Councilmember Redepenning was concerned about the time frame of 90 days to remove the animal from the City. He was in favor of adding a grandfather clause addition to the Ordinance. Councilmember Anderson moved and Councilmember Kritzler seconded the motion to approve the ordinance for second reading and order published. Councilmember Shirley moved to amend the motion deleting 90 days and substituting a grandfather provision. Councilmember Redepenning seconded this motion. June 4, 1991 Page 3 A poll of the vote was as follows: Councilmember Anderson,, Nay; Councilmember Shirley, Aye; Councilmember Kritzler, Nay; Councilmember Redepenning, Aye; Mayor Berg, Nay. The motion did not carry. Councilmember Redepenning moved substituting the motion to continue for two weeks to see if there is a practical way to implement a grandfather clause. The motion died for lack of a second . Mayor Berg called for a vote on the original motion to approve Ordinance No. 91-679 and order published, made by Councilmember Anderson and seconded by Councilmember Kritzler. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Nay; Mayor Berg, Aye. The motion carried. V. NEW BUSINESS (a} CONSIDER ACTION - APPROVE CENTRAL PARK FIELD REHAB BID AWARD Staff recommended adopting the following motion: Award the contract for Central Park Field Rehabilitation to Hartman ,Excavating in the amount of $113,512.00. R. J. Valek Construction was the low bidder. This f irm was not approved because of inexperience on a project of this magnitude and unsatisfactory reference checks. Mr. Bart Meyerhoff, Project Manager and Estimator for R. J. Valek Construction, appeared before Council to voice his objection for not receiving the award. He stated that his Company was fully qualified to handle the project and should be given an equal chance to perform properly for the City of Hopkins. Lee Gustafson, City Engineer and Public Works Director, stated the references did not check out. He also stated that the firm had not done a job of this size before. Ray Vogtman, Park Superintendent, stressed the importance of having the job completed and done in a timely manner. After discussion Councilmember Shirley moved and Councilmember Kritzler seconded the motion to award the bid to Hartman Excavating in the amount of $113,512.00. June 4, 1991 Page 4 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 CONCEPT REVIEtnI - 4JELL SITE This was a Concept Review which required no formal action. The Council was asked to review a proposed project for the Blake Road well site. Bill Schatlein, of Schatlein and Associates, appeared before Council to apprise them of his proposal. He would like to build a 6500 square foot building for a ,convenience store and a video store. He submitted his proposal to determine if there was sufficient interest on the part of the City to pursue this project. At the present time he had no specific tenants. After discussion the Council indicated that the project, as proposed was acceptable at this site. (c) CONSIDER ACTION - FIRST READING OF ORDINANCE LICENSES AND FEES Staff recommended adoption of the following motion: Move to adopt for the first reading Ordinance No. 91-680 for f first reading allowing adoption of license and permit fees through a resolution. The implication of amending Chapter 10 in the City Code are: 1. License and permit fees updated by resolution. 2. Simplification of license and permit terminology 3. Up dated license and permit fees. Scott Thompson, Intern presented his findings to the City Council regarding fees. He went over the suggested changes stating that he had conducted a survey on fees from other Cities to arrive at the mean average. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to accept for first reading Ordinance No. 91-680. 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. ... , June 4, 1991 Page 5 (d) CONSIDER ACTION - PRESENTATION OF AUDIT Staff recommended that the Council move to accept the audit. Mr. Mielke suggested that the Council should review the entire audit and go over key items at a worksession. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to accept the audit. 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. (e) CONSIDER ACTION - RESOLUTION NO. 92-73 - SUPPORT OF LOCAL OPTION SALES TAX Staff recommended adoption of the following motion: Move to approve Resolution No. 91-73 urging the Hennepin County Board of Commissioners to adopt the 1/2 cent local option sales tax. Councilmember Kritzler stated that he wanted the public to know that this Resolution would not raise property taxes in the City of Hopkins. Councilmember Kritzler moved and Councilmember Redepenning seconded the motion to approve Resolution No. 91-73. 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. PUBLIC COMMENTS/CONCERNS Barbara Hanson of 221 9th Avenue North presented Council with a petition concerning the alley between 8th and 9th Avenue North and 2nd and 3rd Street North. She stated that every time the City gets a heavy rainfall her garage floods. Last Friday the alley flooded again with 2 to 2 1/2 feet of standing water. She also stated that after the 100 year rain her new car was totaled because of flooding. Lee Gustafson said an investigation was needed. The Council directed him to check on this. -~~ .-. J ' V June 4, 1991 Page 6 VII. REPORTS - COMMITTEES/COMMISSIONS Mr. Mielke reminded the Council of the League Conference in Rochester later this month. VIII. ADJOURNMENT Councilmember Anderson moved and Councilmember Shirley seconded the motion to adjourn. The meeting adjourned by unanimous consent. Respectfully submitted, /7 / Pat Gisborne', Deputy City Clerk