05-01-90A regular meeting of the Hopkins City Council was held on
May 1, 1990 in the Council Chambers of Hopkins City Hall.
Present were Mayor Berg, Councilmembers Anderson, Shirley,
Kritzler and Redepenning. Also present were city Staff
Mielke, Genellie, Kerrigan, Thiel, Anderson and Gessele.
I. CALL TO ORDER
Mayor Berg called the meeting to order at 7:37 p.m.
II. PRESENTATION - RECYCLING AWARD
Mayor Berg informed the council and public about the City
receiving an outstanding
III. CONSENT AGENDA
®
·
3.
4.
5.
6.
·
·
·
APPROVAL OF THE APRIL 17, 1990 REGULAR MEETING
MINUTES
APPROVAL OF APRIL 10, 1990 WORKSHOP MINUTES
APPROVAL OF DISBURSEMENTS, PRELIST 836
APPROVAL OF MISCELLANEOUS LICENSE
ESTABLISH A PAPER PROCUREMENT POLICY
APPROVE REQUEST FROM ARTS FAIR TO USE 9TH AND
MAINSTREET LOT
RESOLUTION ACCEPTING PETITION AND ORDERING
FEASIBILITY REPORT - ALLEY PROJECT
AUTHORIZE TRAFFIC - WASHINGTON AVENUE BETWEEN
MILWAUKEE AND THIRD STREET SOUTH
ADOPT RESOLUTION RE: TAX FORFEITED PROPERTY
Councilmember Anderson moved and Councilmember Shirley
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.
IVo OLD BUSINESS
(a)
CONSIDER ACTION - SECOND READING PARK CLOSING
ORDINANCE
Staff recommended adoption of the following motion: Approve
for second reading Ordinance No. 90-678 providing notice and
public hearing prior to closure or conversion of use of
Manufactured Home Park, requiring park owners to pay
reasonable relocation costs to displaced residents and
requiring payment of additional compensation due to certain
displaced residents.
May 1,. 1990
Page 2
The approval of this ordinance will create more strict
requirements for a park owner, developer, and possibly the
city as relates to the closing of a mobile home park and the
payment of relocation costs.
Kathy Conolly, Attorney for the owners of the Pines
challenged the constitutionality of the Ordinance. She
stated that making the owners of a private business pay a
penalty for selling a business is unfair and immoral. She
asked that clarification of Subdivision #3 be made in the
ordnance.
Mayor Berg agreed with her and asked the Councilmembers to
change the reading of Section 445.15, Subd. 3. The section
would now read: Approval of any application for a building
permit, rezoning, platting, subdivision, conditional use
permit, special use permit or variance in conjunction with a
park closing shall be conditioned upon the requirements of
this Ordinance for payment of relocation costs and
additional compensation having been satisfied.
Councilmember Shirley moved and Councilmember Redepenning
seconded the motion to amend the wording of Section 445.15,
Subd. 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.
After a great deal of discussion Councilmember Anderson
moved and Councilmember Kritzler seconded the motion to
approve Ordinance No. 90-678 as amended 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, Nay; Mayor Berg, Nay. The
motion carried.
May 1, 1990
Page 3
V. NEW BUSINESS
(a) .
673
CONSIDER ACTION - FIRST READING OF ORDINANCE NO. 90-
Staff recommended approval of the following motion: Move to
approve Resolution No. 90-13 adopting for first reading and
setting a date for second reading Ordinance No. 90-673
regarding the use of trailers for storage in the business
districts. Approval of this motion will prohibit the use of
trailers for commercial and storage purposes within the
business districts.
Councilmember Kritzler moved and Councilmember Redepenning
seconded the motion to adopt Resolution No. 90-13 approving
Ordinance No. 90-673 for first reading setting May 15, 1990
for second 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.
(b)
CONSIDER ACTION - FIRST READING TO AMEND ZONING
ORDINANCE RE: PARKING FOR FAST FOOD RESTAURANTS
Staff recommended the following motion: Move to approve
Resolution No. 90-48 adopting for first reading Ordinance
No. 90-676 establishing new parking requirements for fast
food restaurants. Staff recommended that the ordinance be
amended to require a parking ratio that is reasonable to the
parking that is actually needed for fast food restaurant.
The existing ordinance requires more parking than necessary.
Councilmember Redepenning moved and Councilmember Kritzler
seconded the motion to adopt Resolution No. 90-48 approving
for first reading Ordinance No. 90-676.
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.
May 1, 1990
Page 4
(c)
CONSIDER ACTION - AUTHORIZE PUBLIC HEARING AND
NEGOTIATE AGREEMENTS - WELL SITE
Staff recommended the adoption of the following motion:
Move to authorize staff to negotiate redevelopment
agreements with Marcus Corporation for the sale of 302 Blake
Road North. Move to authorize a public hearing be set for
the sale on June 5, 1990. This recommendation allows staff
to proceed with negotiating the necessary redevelopment
agreements for the sale of the surplus well site.
After a brief discussion Councilmember Redepenning moved and
Councilmember Anderson seconded the motion to authorize
staff to negotiate the redevelopment agreements with Marcus
Corporation for the sale of 302 Blake Road setting a public
hearing for June 5, 1990.
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 - APPROVE BIDS - PARK PAVILiON/ARENA
Staff recommended the following motion: Move to approve
bids totalling $1,750,265.00 and authorizing the Mayor and
City Manager to enter into contracts with the approved sub-
contractors.
Adoption of this motion wouldl authorize contracts to be
signed which would allow the City to begin the Pavilion/Ice
Arena construction.
Jim Malin, Architect from Bonestroo Rosene Anderlik and
Associates and Tom Sackett, Project Manager were present to
answer questions. The Council was concerned about the
dehumidification of the building. Jon Thiel informed
Council that the dehumidification was on hold until the
final bids were in. He felt that the bids would come in at
a somewhat lower estimate and that it would be added at that
time.
After discussion Councilmember Shirley moved and
Councilmember Kritzler seconded the motion to approve the
bids for the Park Pavilion/Arena and authorize the Mayor and
City Manager to sign the contracts.
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.
May 1, 1990
Page 5
(e)
CONSIDER ACTION - APPROVE PLANS AND SPECIFICATIONS
AND AUTHORIZE ADVERTISING FOR BIDS - CAMBRIDGE
STREET
Staff recommended the following motion: Move that Council
adopt Resolution No. 90-54A approving plans and
specifications for the Cambridge Street reconstruction,
Project 90-02, and authorizing the advertising for bids.
Mr. Lindee appeared before Council to state that he is
satisfied with the proposal after being assured the roadway
would be kept open during his business hours. Both Jim
Gessele and Jon Thiel assured the Council that this would be
part of the contract and that they would be monitoring the
progress on a day to day basis.
After discussion Councilmember Anderson moved and
Councilmember Shirley seconded the motion to approve the
plans and specifications for the Cambridge Street
reconstruction and authorize the advertising for bids.
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.
(f)
CONSIDER ACTION - GAMBLING LICENSE - GOLDEN VALLEY
BASEBALL, INC.
Staff recommended adoption of the following motion: Move
that the Hopkins City Council adopt Resolution No. 90-57
disapproving the issuance of a gambling license to Golden
Valley Baseball, Inc. Golden Valley Baseball, Inc. has
applied for a gambling license at La Guitarra (formerly the
Leaning Tower). Staff is of the opinion that Golden Valley
Baseball, Inc. does not meet the requirements of the City's
charitable gambling policy. The current gambling
application lists a Hopkins address. There is considerable
doubt that Golden Valley Baseball's principal location or
office is within the City of Hopkins.
John Zastrow addressed the Council concerning the
application. He stated that his organization is connected
with the Minnetonka-Hopkins School district therefore should
be eligible under the City's Charitable Gambling Policy.
May 1, 1990
Page 6
After discussion Councilmember Anderson moved and
Councilmember Redepenning seconded the motion to adopt
Resolution No. 90-57 with a wording change to include: does
not meet the Charitable Gambling Policy of the city of
Hopkins"
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.
(g) 3.2 BEER LICENSE - HOPKINS JAYCEE'S
Staff recommended approval of the following motion: Move to
approve the Hopkins Jaycee's 3.2 beer license for Mainstreet
days.
Councilmember Anderson moved and Councilmember Redepenning
seconded the motion to approve the 3.2 beer license for the
Hopkins Jaycee's with conditions.
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.
(h)
CONSIDER ACTION - ADOPT RESOLUTION CHANGING CABLE
COMPANY NAME
Staff recommended that the Council approve the following
motions: Move approval of Resolution No. 90-56A giving
approval to grantee to change name from Roger Cablesystems
to KBL Cablesystems d/b/a as Paragon Cable.
After a brief discussion Councilmember Redepenning moved and
Councilmember Kritzler seconded the motion to adopt
Resolution No. 90-56A.
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.
May 1, 1990
Page 7
(i)
CONSIDER ACTION - FIRST READING ORDINANCE AMENDING
CABLE FRANCHISE AGREEMENT TO CHANGE NAME
Staff recommended that the Council move approval for first
reading of Ordinance No. 90-679 amending Ordinance No. 81-
486~hanging name 6~ grantee.
This action will allow KBL Cable, which purchased the cable
systems from Rogers Cable, to officially change their name
to KBL Cablesystems of the Southwest, Inc. (KBLCSI) d/b/a
Paragon Cable.
Councilmember Redepenning moved and Councilmember Kritzler
seconded the motion to approve for first reading Ordinance
No. 81-679.
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.
(i)
SET DATE FOR DISCUSSION MEETING WITH COMMUNITY
LEADERS
Move to set a date for executive session with Neighborhood
Associations.
Mr. Mielke suggested that the Council meet with the
presidents of the various homeowners associations to discuss
topics of City- wide concern and to narrow in on
neighborhood concerns regarding city services.
Council suggested that the meetings be held during the
months that have five Tuesdays. Mr. Mielke said he would
try and set something up for May.
VI. PUBLIC COMMENTS/CONCERNS
There were no public comments.
VII. REPORTS - COMMITTEES/COMMISSIONS
Councilmember Kritzler reported that a worksession is being
planned by the Cable Commission.
Councilmember Redepenning reminded the Council to attend the
Mainstreet and Art Festival Days functions.
May 1, 1990
Page 8
VIII. ADJOURNMENT
Councilmember Redepenning moved and Councilmember Anderson
seconded the motion to adjourn. The meeting adjourned by
unanimous consent.
Respectfully submitted,
Pat Gisb6rne, Deputy City Clerk
COUNC I LMEMBERS:
,~,