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11-19-91 A regular meeting of the Hopkins City Council was held on November 19, 1991 in the City Council Chambers of Hopkins City Hall. Present were Mayor Berg, Councilmember Anderson, Shirley, Kritzler and Redepenning. Also present were City staff Mielke, Genellie, Harmening, Gustafson, T. Anderson, Schedler, Graham, Kerrigan, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Berg called the meeting to order at 7:30 p.m. II. CONSENT AGENDA 1. APPROVAL OF THE NOVEMBER 5, 1991 REGULAR MEETING MINUTES 2. APPROVAL OF DISBURSEMENTS, PRELIST 874 3. APPROVAL OF MISCELLANEOUS LICENSES 5. ACCEPT FEASIBILITY STUDY AND ORDER PUBLIC HEARING KNOLLWOOD STREET CONSTRUCTION 6. ADOPT RESOLUTION SETTING FEES - BILLIARD TABLES 7. APPROVE CHANGE ORDER - 2100 MAINSTREET PROJECT 8. ADOPT RESOLUTION - POSTPONE PRESIDENTIAL PRIMARY 9. ADOPT RESOLUTION - CERTIFICATE OF INDEBTEDNESS AND TAX LEVY 10. APPROVE EXTENSION AGREEMENT - SPRINGSTED 11. APPROVE CHANGE PARKING RESTRICTIONS - HOLIDAYS 12. APPROVE GAMBLING LICENSE - AMERICAN LEGION Mayor Berg stated that on Item No. 5 the public hearing would be on December 3, 1991. Councilmember Anderson requested that Item No. 6 be moved to bottom of the agenda. The Council questioned the dates of Item No. il, the parking restrictions for the Christmas season. This item was also removed to the bottom of the agenda. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to approve the Consent Agenda minus Items 6 and 11. ~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 requested a copy of the Ordinance dealing with transient merchant licenses be included in the next update. November 19, 1991 Page 2 III. PUBLIC HEARING (a) CONSIDER ACTION - WESTBROOKE HEADERS Staff recommended approval of the following motion: Move to adopt Resolution No. 91-141 denying the appeal by 26 Westbrooke Patio Homeowners and ordering them to repair or replace their garage door headers. As a result of inspections which were made in response to several complaints from owners of units at Westbrooke Patio Homes development, inspections personnel observed several +garage door headers that were sagging. Based on engineer reports and observations, orders were written to the individual owners of the units to correct the sagging headers by November of 1991. Tom Anderson gave a brief report on the proposed Resolution. He also had a brief film clip of the garage headers that did not meet code. Mayor Berg opened the public hearing at 8:05 p.m. Eugene McNall, of 1240 Wagonwheel Road, appeared before Council to question whos responsibility the repairs were. He felt that because the city inspectors in 1973 allowed the garages to be built it would be the City's responsibility to pay for the repairs. City Attorney, Jerre Miller, explained that it is not the Municipality's responsibility for errors made by the architects and contractors. He also stated that the City does not assume responsibility for omissions and that the City is not a surety guarantee when things do go wrong. Tom Anderson also stated that the building code has been upgraded several times since the construction of the patio homes. Mr. Anderson also indicated that he was unable to make a determination at this time as to whether the garage door header did or did not meet code at the time of construction. Dick Wiese, of 1135 South Landmark Trail, stated that he is a contractor and the average cost to repair the garage headers would run between $300 and $500. Mrs. Patterson, of 1311 Wagon Wheel, stated that it would create a financial hardship for her to get the work done at the present time. November 19, 1991 Page 3 Jeff Wayne said that he had purchased the home in May of 1991 and has found many faults that were not disclosed at the time of purchase. He also stated that it would be very difficult to pay for the needed repairs at this time. Councilmember Redepenning asked if it was possible for the people to obtain some kind of a loan through the City. Mr. Harmening stated that the City does have a rehabilitation loan program but certain requirements must be met. He stated that he was not sure if the owners would qualify for the present program. He also stated that the Council could set up a program should they choose to do so. Mayor Berg stated that if the repairs are not made that the City could be responsible if the problem is not corrected. Mr. Harmening stated that health, safety and welfare repairs must be made. the staff is concerned about of the residents and that the Mr. Harmening suggested an following stipulations: amended Resolution with the The homeowners would be required to repair or replace the headers by January 1, 1992, unless the following conditions were met. 1. Home owners would sign a waiver releasing the City from liability. 2. Allow the City inspectors to inspect the garages from the inside. 3. Where necessary home owners would install some kind of temporary support for the headers. Homeowners who agreed to the stipulations would have until July 1, 1992 to complete the repairs. The stipulations would give the home owners additional time to complete the repairs and to work with the Association and/or the City, to look at some kind of a short term loan program or arrange financing on their own to complete the necessary repairs. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to close the public hearing at 8:47 p.m. 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. November 19, 1991 Page 4 After discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to approve Resolution No. 91-141 with the three stipulations and extending the time frame until July 1, 1992 if the stipulations are met by the homeowners. 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 - CAPITAL IMPROVEMENT PLAN Staff recommended adoption of the following motion: Move to approve the 1992-1996 Capital Improvements Plan for the City of Hopkins . Approval of this motion will conclude the review and adoption process for the Capital Improvements Plan. Tom Harmening gave a brief recap of the Capital Improvement Plan. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to approve 1992-1996 Capital Improvements Plan. 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. IV. OLD BUSINESS (a) CONSIDER ACTION - SECOND READING EASEMENT VACATION HOLDIDAY Holiday is required to provide a new easement for an existing storm sewer on the site of the proposed new facility at 1120 2nd Street South. Staff recommended this item be continued. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to continue until such time the new easement is provided. 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. November 19, 1991 Page 5 (b) CONSIDER ACTION - APPEAL OF MR. OCHS - MOBILE HOME REPAIR Staff recommended that the Council move to adopt Resolution No. 91-119 denying Mr. Och's appeal under section 450 of the City Code and ordering Mr. Ochs to comply with the orders issued to him on July 2, 1991 by December 15, 1991. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to adopt Resolution No. 91-119. 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 - SECOND READING PARKING PERMIT ORDINANCE - APPROVAL OF RESOLUTION SETTING FEES Staff recommended approval of the second reading of Ordinance No. 91-698 and Resolution No. 91-130. Adoption of this ordinance authorizes the City Council to establish fees for monthly, quarterly, yearly, and special use parking permits. Adoption of Resolution No. 91-130 sets the fees for municipal parking. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to adopt Resolution No. 92-130 and Ordinance No. 91-698 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. (d) CONSIDER ACTION - SECOND READING CABLE FRANCHISE ORDINANCE NO. 91-701 Staff recommended approval of Resolution No. 91-135 and adopt Ordinance No. 91-701 for second reading and order published. After a brief discussion Councilmember Anderson moved and Councilmember Kritzler seconded the motion to adopt Resolution No. 91-135 and approve Ordinance No. 91-701 for second reading and order published. November 19, 1991 Page 6 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. V. NEW BUSINESS (a) Staff recommended adoption of the following motion: Approval of purchase agreement between the City of Hopkins and Independent School District No. 270 for the purchase of the property know as Maetzold Field and authorize the Mayor and City Manager to execute the agreement. Approval of the action would allow execution of the document. The sale price of the property is $280,000. After discussion Councilmember Shirley moved and Councilmember Redepenning seconded the motion to approve the purchase. 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 - GAMBLING LICENSE - HOPKINS JAYCEES Staff recommended the following motion: Move that the Hopkins City Council adopt Resolution No. 91-144 approving the gambling license application of the Hopkins Jaycees to conduct gambling at the Boston Garden. Adoption of this motion will allow the application to be considered by the Minnesota Department of Gaming. A question arose as to limiting the bingo games to the applied for time frame of Tuesday evening between the hours of 7:00 p.m. and 10:00 p.m. and on Saturday afternoons between the hours of 1:00 and 4:00 p.m. The Council requested some type of assurance that the Jaycee's would not extend the days of the operation beyond the requested two time periods. After discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to adopt Resolution No. 91-144. November 19, 1991 Page 7 A poll of the vote was as follows: Councilmember Anderson, Abstain; Councilmember Shirley, Nay; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried. (c) CONSIDER ACTION - FIRST READING ORDINANCE ADOPTING STATE FIRE CODE Staff recommended the following motion: Move to approve first reading of Ordinance No. 91-700 amending section 905 of the Hopkins City code and adopting the latest edition of the State Fire code. Adoption of this motion would approve a f first reading of an Ordinance that wouled update the City's f ire code to the latest standards as adopted by the State of Minnesota. George Magdal gave a brief recap of the proposed ordinance. Councilmember Shirley moved and Councilmember Kritzler seconded the motion to approve Ordinance No. 91-700 for first reading. 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) CONSIDER ACTION - FIRST READING OF ORDINANCE ADOPTING STATE BUILDING CODE Staff recommended the following motion: Move to approve for first reading Ordinance No. 91-699 amending section 400 of the Hopkins City code and adopting the latest edition of the State Building code. Councilmember Shirley moved and Councilmember Kritzler seconded the motion to approve Ordinance No. 91-699 for first reading. 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. Item No. 6 from the Consent Agenda was presented at this time: Councilmember Anderson felt that it was unfair to charge the same price for one pool table as you would if you had six tables. He requested that the Resolution be changed. November 19, 1991 Page 8 Mr. Genellie suggested that the price for one pool table be $60 and each additional pool table be licensed at $20 each. After discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to approve Resolution No. 91-142 changing the fees to $60 for one pool table and $20 for each additional pool table. 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. Item No. 11 was now brought forward. Councilmember Redepenning suggested that the unlimited time parking on all City streets be allowed for the entire month of December. It was suggested by Tom Harmening that the dates for the Christmas parking be set administratively. After discussion this item will be brought back to Council on the 3rd of December at the next Council meeting. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to bring back Item No. 11 at the December 3rd Council meeting. 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 There were no public comments. VII. REPORTS - COMMITTEES/COMMISSIONS Mr. Mielke reminded the Council of the Public Hearing on the Budget will be held Tuesday, November 26, 1991. He stated that each party requesting funds will be allowed a five minute presentation to the Council. The meeting will start at 6:00 p.m. Mayor Berg announced that the Economic Committee is in place and the first meeting will be an eight hour session on Saturday. r- November 19, 1991 Page 9 Councilmember Shirley stated that the Chemical Health Committee is endorsing the "Don't smoke on Thursday" campaign. Councilmember Redepenning reminded the Council of the Christmas party being held at the Downtown Park on November 29, 1991. VIII. ADJOURNMENT Councilmember Shirley moved and Councilmember Redepenning seconded the motion to adjourn. The meeting adjourned by unanimous consent. Respectfully submitted, Pat Gisborne, Deputy City Clerk