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.
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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.
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June 4, 1991
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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