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07-02-91--~~~ __ ~ A regular meeting of the Hopkins City Council was held on July 2, 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, Gustafson, Gessele, Kerrigan and City Attorney Jerre Miller. City Clerk Jim Genellie swore in Mayor Berg and Councilmembers Anderson and Kritzler. They are beginning new terms of office as July 1, 1991. I. CALL TO ORDER Mayor Berg called the meeting to order at 7:30 p.m. II. RECOGNITION (a) INEZ LAMMI A Resolution was read by Mayor Berg honoring Inez Lammi for her dedicated service to the City for 19 years. A plaque was also presented to Ms. Lammi. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to accept the Resolution. 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. The entire Council and staff congratulated Inez and wished her a happy retirement. Inez introduced her daughter Josette to the Council. ' (b) SPECIAL OLYMPICS Mayor Berg read a Proclamation proclaiming July 19 - 27th Special Olympic and Guatemala week in the City of Hopkins. Hopkins is hosting a delegation of athletes, families and friends from Guatemala. Councilmember Kritzler moved and Councilmember Redepenning seconded the motion~to accept the proclamation. d. 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. " July 2, 1991 Page 2 Mayor Berg read a letter from Roy Smalley, Chairperson of the Special Olympics thanking the City for its help and cooperation for the special Olympics. This letter was also signed by the Chairperson of the Guatemalan athletes. III. SPECIAL ITEM OF BUSINESS (a) CERTIFICATE OF AWARD TO CITY BY MHFA Jim Solem and Representative Sally Olsen appeared before Council to present an award signed by the Governor to commend the City for the program aiding ~f first time homebuyers to purchase homes at a lower interest in the City of Hopkins. (b) CORRESPONDENCE REGARDING HOPKINS JAYCEES Mayor Berg received a letter from the Mayor of Longcheston, Tasmania thanking the Mayor and City for the gracious reception of two Tasmanian representatives of the International Jaycee Conference. The two men were feted in Hopkins by the Hopkins Jaycee's. The Hopkins Jaycees are to be a sister organization with the Tasmanian Jaycees. IV. CONSENT AGENDA 1. APPROVAL OF THE JUNE 18, 1991 REGULAR MEETING MINUTES 2. APPROVAL OF DISBURSEMENTS, PRELIST 865 3. APPROVAL OF MISCELLANEOUS LICENSES 4. APPROVE GAMBLING LICENSE - KNIGHTS OF COLUMBUS 5. ADOPT ORDINANCE NO. 91-690 FOR FIRST READING ALLOWING BACKGROUND INVESTIGATION Off' APPLICANTS 6. ADOPT RESOLUTION NO. 91-75 TO AMEND LEGISLATIVE POLICY - PROCUREMENT Councilmember Shirley was concerned with the extent of the investigations on Item No. 5. Mr. Genellie assured him that the information from an investigation would only be used if it was directly applicable~to the applicants position with the City. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to approve the Consent Agenda. 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. July 2, 1991 Page 3 V. NEW BUSINESS (a) CONSIDER ACTION - MAYOR'S APPOINTMENTS TO BOARDS AND COMMISSIONS Mayor Berg submitted the following names for approval as appointments to Boards and Commissions. Park Board: Tom Schmidt Benjamin Cohen Paul Ahles. ,Chemical Health Commission: Sidney Blair . (Reappointed to 2nd term) Bridgett Monson Jason Garrett (2 Students sharing one seat) Zoning and Planning: John Hutchison Charter Commission: Parking Committee: Harrigan resigned, in the new future . John Racek Neil Chapman (One remaining vacancy, name to submitted later) Names to be submitted later No terms are established. Mina so at least one appointment will be made Councilmember Shirley moved and Councilmember Anderson seconded the appointment of the above names. 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. Mayor Berg announced that the swearing in of the above members will be held at a later date. (b) CONSIDER ACTION - AMEND ZONING TO ALLOW CHURCHES IN INDUSTRIAL ZONE Staff recommended the following motion: Move to approve Resolution No. 91-78 denying an amendment to the zoning ordinance to allow religious uses in the I-2 Zone. The Living Waters Christian Church is proposing to buy the old Medalist Health Club, located at 1002 Second Avenue N. E., for their church. Currently the site is zoned I-2, general industrial, which does not allow religious uses as a permitted or conditional use. T~ie_Z_oning ~ommi~si~n- on a-~=1 te~-approvell Resolution R91-15 denying an amendment to allow religious uses in the I-2 zone. July 2, 1991 Page 4 Jim Hzlek, representing the applicant, appeared before the Council. He stated that other cities have churches in the industrial districts. He stated that the advantages of the building would be ideal for the Church, and its various programs. Pastor Jay Neu appeared before Council to tell of the programs and plans for the location. He told of the work of the Church and the programs that would be offered to the youth of the City as well as the members. Several people appeared before Council to share their experiences with the Church encouraging the Council to allow the purchase of the Medalist Club. David Schwartzman also appeared. Mr. Schwartzman is the owner of the building. He explained that he has had the building for sale for two years and that the cost of changing the building to a warehouse or for some other use would be prohibitive. He stated that the building would fit in perfectly with the Church's plan. He also stated that even if the building were to be sold to another Health and Sports Club the zoning would have to be changed. Councilmember Kritzler said that he would prefer to have any reference to the church changed to a house of worship. Councilmember Shirley disagreed with the terminology and said he preferred to leave the terminology alone. After a great deal of discussion Councilmember Anderson moved and Councilmember Shirley seconded the motion to adopt Resolution No. 91-78 approving 'for first reading Ordinance No. 91- 682. 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. (C) CONSIDER ACTION - FIRST READING PAWN SHOP ORDINANCE Staff recommended that the Council approve the following motion: Move that the Hnr~in~-wit-y-Coun~i approve crinance No. 91-689 for first reading. This action would begin the process of_ est~blis~~ng- -Sectio~r 1180- -in tie - --Hop~ns~i'~y Code which will license and regulate pawneho~sy - - - -- Captain Liddy of the Hopkins Police Departmen_t__ explained the- - J need f or_ an ord~na~ce--regulat~~g-dawn-shops ~~ July 2, 1991 Page 5 Mr. and Mrs. Joe Romaine owners of a pawn shop at 1725 Mainstreet appeared before Council to question the cost of the proposed fee. They were in agreement that the business should be licensed but felt that $12,000 a year was to costly. They also offered to cooperate with the Police Department at all times. They also questioned the 120 day waiting period. They also offered to provide the police department with a computer print out of all daily loans and merchandise taken in. Don Romaine questioned the police as to accessing their files. He said he could feed information into the police department via networking between the two facilities. Ed Steile appeared to speak on behalf of the pawn shop owners, who are residents in his buildings. He said they are good tenants and if the fees were to become exorbitant they would not be able to stay in the City of Hopkins. Mr. Bernard of 806 Mainstreet also appeared. He is the owner of the second pawn shop in the City. He also questioned the fee. He asked Captain Liddy if they could get a list of stolen merchandise so that they could watch for the items should they be brought in for pawning. Captain Liddy said that would be a good idea. He "also stated that the information is not always current due to under staffing problems in the Police Department. Jerry Papke a partner of the 806 Mainstreet pawn shop, also appeared concerning the 120 day waiting period and fee. After discussion Councilmember Anderson moved and Councilmember Shirley seconded the motion to approve for first reading Ordinance No. 91-689 with staff addressing some of the stated concerns. 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. July 2, 1991 Page 6 (d) CONSIDER ACTION - FIRST READING ORDINANCE AMENDING NON-DOMESTICATED ANIMAL ORDINANCE TO INCLUDE GRANDFATHER CLAUSE Staff recommended that the Council approve the following motion: Move that the Hopkins City Council not approve Ordinance No. 91-691 for first reading. This action would not amend Section 940 in the Hopkins City Code to grandfather all existing non-domesticated animals, allowing them to remain within the City. Martin Weibel, who lives across the street from Joe Miller, appeared before Council to address the statement of Mr. Miller about the animal not being let loose. He stated that the animal has gotten loose three ,times and has created a panic among the neighborhood. He does not want the animal in the City and fears for the safety of the children that the animal might come in contact with. Tracy Jacobson addressed the Council to read a statement from Pete Bergerson concerning the grandfather clause. The Council were given copies of this letter. Mr. Jacobson was in favor of the grandfather clause. Deb Genellie appeared before Council to state her views and those of the neighbors concerning the cougar. She stated that the neighbors are not comfortable with this type of pet and feared for the safety of the children. She also stated that no one, not even Mr. Miller can know what a wild animal would do should it become overly excited or loose to roam the .streets. Joe Miller appeared before-the Council to explain the cat getting loose. Tim Olson, a pet food store owner, appeared on behalf of Joe Miller to say that he has allowed the cougar to run loose in his store and that he does not feel the cat is dangerous. After discussion Councilmember Anderson moved and Councilmember Kritzler seconded the motion to not amend the ordinance. A poll of the vote was as follows : Counc~lmemb~r~-Amer , _ _ _ _ _ _ Aye; Coun~i-l~e~be~-~hi~ ey,_ _A~e ~Counci-lmember --3~ritz ler _ A-y_e-;-C~~rne-ilm~m~er ~edepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. -_--- July 2, 1991 Page 7 (e) CONSIDER ACTION - COUNTY ROAD Staff recommended adoption of the County Road 3 Task Force and direct recommendations. The recommendations 3 TASK FORCE recommendations of the staff to implement the are as follows: (1) General clean-up and pick-up. (2) City schedule to control weeds in the right-of-way 1(3) Railroad right-of-way general clean up (4) Plant trees - berm on the south side of County Rd. 3 (5) Public Works inspect catch basins, drainpipes, etc. (6) Direct Inspections Department to review buildings along corridor for building code violations The Council thanked Lee Gustafson and the Public Works staff for already implementing some of the above suggestions. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to adopt the recommendations of the County Road 3 Task Force and direct staff to implement the recommendations. 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. Mr. Gustafson requested that the Council move Item No.(g) up at this time because Mr. Koppy had not arrived yet. (g) CONSIDER ACTION - REQUEST FOR DISABLED TRANSFER ZONE FEE WAIVER Staff recommended adoption of the following motion: Move to grant Agnes Kaspar's request for a disabled transfer zone within the guidelines of the disabled transfer zone ordinance. Agnes Kaspar requested the disabled transfer zone fee to be waived in her application for a disabled transfer zone. The implication of adopting the motion is that Agnes Kaspar would be required to pay the annual fee. A friend of Mrs. Kaspar appeared on her behalf. She informed the Council that Mrs. Kaspar is so incapacitated that she if forced to use oxygen on a continuous basis. She stated that she could not afford to pay the $25 fee but desperately needs the disabled transfer zone. Mayor Berg stated that he would call Mrs. Kaspar and see if some private funding could be made available. July 2, 1991 Page 8 After discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to grant the license to Mrs. Kaspar but not to waive the fee. 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 - SPRINKLER SYSTEM PROGRAM At the June 25, 1991 City Council meeting, the issue of providing sprinkler system funding assistance to property owners was discussed. Three options for the sprinkler system program were discussed. They were: (1) The City would pay for the additional cost of installing the' six inch water service to each building (estimated at $2,400) if the property owner contracts to have the internal sprinkler system installed. (2) Six inch water services would be constructed for all Mainstreet properties without sprinkler systems. The City would pay for the additional cost of installing the six inch water service to each building. The property owner would pay for the one inch service cost assuming the existing service line for the building is proposed for replacement. If it is not, the City would pay the entire cost of the six inch line. (3) The current sprinkler system program whereby the applicant can finance the sprinkler system installation using the City's Chapter 429 process paying for the principal over 15 years at 8%. After considerable study and discussion, staff recommended the City Council review Option #2 or #3 for possible implementation. Use of MSA or TIF dollars were recommended for additional funding. After considerable discussion Councilmember Shirley moved and Councilmember Anderson seconded the motion to stick with Option No. 3. 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. July 2, 1991 Page 9 VI. PUBLIC COMMENTS/CONCERNS There were no public comments. VII. REPORTS - COMMITTEES/COMMISSIONS There were no reports. VIII. ADJOURNMENT Councilmember Anderson moved and Councilmember Kritzler seconded the motion to adjourn. The meeting adjourned by unanimous consent. Res ctively submitted, Pat Gi orne, Deputy City Clerk OUNCILMEMBERS~^•~ D ;. w CITY OF HOPKINS Hennepin County, Minnesota PROCLAMATION WHEREAS, the 1991 International Olympic Special Olympics games will be held in Minneapolis and St. Paul from July 19th to 27th, 1991; and WHEREAS, over 6,000 athletes with mental retardation from over 90 countries will participate, making this the single largest sporting event in the world in 1991; and WHEREAS, Special Olympics celebrates the potential and capabilities of v~romen and men with mental retardation; and WHEREAS. Hopkins is hosting the delegation of athletes, families and friends from Guatemala, NOW THEREFORE, I Nelson W. Berg, Mayor of Hopkins, hereby proclaim July 19 - 27 Special Olympics and Guatemala week and urge all members of our community to open our homes and hearts to our Guatemalan guests and to support the events of Special Olympics. ' July 2, 1991 t ~I