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06-05-90A regular meeting of the Hopkins City Council was held on June 5, 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, Schedler, Kerrigan, Thiel, Gessele, Liddy and Newville. I® CALL TO ORDER Mayor Berg called the meeting to order at 7:30 p.m. II. CONSENT AGENDA ® · 5. 6. 7. 8. APPROVAL OF THE MAY 15, 1990 REGULAR MEETING MINUTES APPROVAL OF THE MAY 8, 1990 WORKSESSION APPROVAL OF THE APRIL 30, 1990 SPECIAL MEETING MINUTES APPROVAL OF DISBURSEMENTS, PRELIST 838 APPROVAL OF MISCELLANEOUS LICENSE APPROVAL OF LEASE AGREEMENT WITH BURLINGTON RAILROAD APPROVE GAMBLING LICENSE RENEWAL - HOPKINS K C'S APPROVAL GAMBLING LICENSE RENEWAL - HOPKINS RASPBERRY FESTIVAL Mayor Berg requested that Item Number 6 on the Consent Agenda be addressed after the vote on the balance of the consent agenda. Councilmember Kritzler asked that the minutes of May 15, 1990 be changed to read: Councilmember Redepenning thanked the Council on behalf of the HCP for serving coffee at Bohlanders. Councilmember Redepenning moved and Councilmember Shirley seconded the motion to approve the Consent Agenda minus Item Six. 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. · APPROVAL OF LEASE AGREEMENT WITH BURLINGTON RAILROAD Mayor Berg was concerned over the terms of the lease concerning the thirty day notice clause. If the City is to go to the expense of building a new fence he felt that the fence should be permanent unless the property were to be sold. June 5, 1990 Page 2 After discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to continue this item for thirty days instructing staff to negotiate further with Burlington Railroad on the terms. 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. III. OLD BUSINESS (a) CONSIDER ACTION - SECOND READING ORDINANCE NO. 90- 681 TO ALLOW LIQUOR SALES ON NEW YEARS DAY & FOURTH OF JULY Staff recommended Council approve Ordinance No. 90-681 for second reading and order published. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to approve for second reading Ordinance No. 90-681 and order published. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Nay, Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried. PUBLIC HEARING Mayor Berg stepped down from the Chair due to a conflict of interest. He asked Councilmember Shirley to chair the meeting. (a) CONSIDER ACTION - SALE OF 302 BLAKE ROAD Staff recommended adoption of the following motion: Move to approve the redevelopment agreement and the sale of 302 Blake Road to Marcus Corporation for $130,000 and authorize the Mayor and city Manager to sign the contract. Jim Kerrigan explained the proposal and terms of the agreement. Councilmember Redepenning questioned the amount of the sale price. Mr. Kerrigan explained that the property was not as large as originally believed. Councilmember Anderson questioned the method of paying the final $30,000. The Public Hearing was opened at 8:03 p.m. June 5, 1990 Page 3 Hearing no comments Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to close the public hearing at 8:05 p.m. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye. The motion carried. After discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to approve the sale of 302 Blake Road to Marcus Corporation and authorize the Mayor and Manager to sign the contract. A poll of the vote was as follows: Councilmember Anderson, Nay; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye. The motion carried. Mayor Berg returned to the Council table. IV. NEW BUSINESS (a) APPEARANCE - REPRESENTATIVE - ROSEWOOD APARTMENT Jan Susee Owner of Rosewood West Apartments and Beverly Bye, Apartment Manager appeared before Council to dispute the billing of false alarm charges at Rosewood West Apartments. The apartment complex has been charged for 9 additional false alarms. They had a total of 14 calls for the year of 1989. The first four false alarms and an actual burglary were not charged to the complex. They explained that they have a security system for the building and only call when they feel that a crime is being committed. Mr. Susee also explained that they have 155 homes in the complex and with the additional security system he feels that four false alarms are not enough for the size of the complex. After discussion Councilmember Shirley moved and Councilmember Anderson seconded the motion to not change the Ordinance at this time but to direct staff to look into modifying the ordinance to account for units monitored on site and alarms that cover a number of units. 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 5, 1990 Page 4 (b) APPEARANCE - DEE LUMLEY - PRESIDENT OF THE RASPBERRY FESTIVAL COMMITTEE Dee Lumley, Chairperson of the Raspberry Festival appeared before Council to get blanket approval for the up-coming Raspberry Festival. Ms. Lumley announced that Councilmember Redepenning has been chosen to be the Parade Marshal. The Council thanked Ms. Lumley and wished her success with the festival. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to support the Raspberry Festival. 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 unnaimously. (c) PRESENTATION - 1989 FINANCIAL REPORT John Schedler appeared before Council to present them with the finalized 1989 Financial Report. Councilmember Anderson moved and Councilmember Shirley seconded the motion to accept the 1989 Financial Report.. 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 - AWARD BID COMMUNITY CENTER AND PUBLIC WORKS REMODELING Staff recommended the following motion: Move to approve bids in the amount of $485,381 and authorizing the Mayor and City Manager to enter into contracts with the approved sub- contractors. Jon Thiel explained that the amount of $485,381 was in error and the correct amount is $478,470. After discussion Councilmember Shirley moved and Councilmember Anderson seconded the motion to approve the bids in the amount of $478,470 and have the Mayor and city Manager 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. June 5, 1990 Page 5 (e) CONSIDER ACTION - ORDINANCE - DEFERRED ASSESSMENTS AND PARTIAL PREPAYMENT OF ASSESSMENTS Staff recommended approval of the following motion: Move to adopt Resolution No. 90-65 recommending approval of Ordinance No. 90-683 establishing provisions for pre-payment and deferment of special assessments. Elderly residents of the city have approached staff concerning deferral of assessments because of hardship. In addition, staff has raised the issue of collecting partial assessments on a pre-payment basis. In neither case is there provision in the City Code to accommodate these two proposals. By adoption of this Resolution and first reading of the ordinance it would relieve the elderly residents of the onus of tax forfeiture. This ordinance would not remove the assessment against the property. The partial pre-payment provision would allow citizens some latitude in financing their special assessment. After discussion Councilmember Kritzler moved and Councilmember Shirley seconded the motion to adopt Resolution No. 90-65 and accept for first reading Ordinance No. 90-683. 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 - ACCEPT FEASIBILITY REPORT AND ORDER PUBLIC HEARING - ALLEY IN 200 BLOCK 13TH & 14TH AVENUE NORTH Staff recommended the following: Move to accept feasibility report and to adopt Resolution No. 90-64 calling for Public Hearing concerning an alley improvement in the 200 block between 13th and 14th Avenues North. Carl Norman and Henry Pokorny appeared before Council to object to the alley. Both felt that it would be an unnecessary expenditure for the city and the affected homes. After further discussion Councilmember Shirley moved and Councilmember Anderson moved to accept the feasibility report. June 5, 1990 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. Councilmember Anderson moved and Councilmember shirley seconded the motion to have a Public Hearing on July 10, 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. (g) CONSIDER ACTION - TRAFFIC STUDY REPORT - PARKING ON FELTL COURT Staff recommended the following: Move that Council deny request for the installation of "No Parking" signs at entrance to St. Therese of Hopkins off Feltl Court. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to continue this item for three months to allow further studies to be conducted. 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 - FIRST READING OF ORDINANCE TO AMEND FLOOD PLAIN DEFINITIONS Staff recommended approval of the following motion: Move to adopt Resolution No. 90-62 approving Ordinance No. 90-682 changing certain definitions relating to the flood plain. The DNR has reviewed the new ordinance and is requiring three definitions to be changed in order to receive state approval. Councilmember Shirley moved and Councilmember Anderson seconded the motion to adopt Resolution No. 90-62 and approve for first reading Ordinance No. 90-682. 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. June 4, 1990 Page 7 (±) CONSIDER ACTION - WAIVER OF PLAT - 17TH AVENUE AND 3RD STREET Staff recommended approval of the following motion: Move to adopt Resolution No. 90-63 approving a waiver of plat to allow the division of Lot 23 to combine with lots 24 and 22. Approval of this motion will create two conforming lots. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to adopt Resolution No. 90-63 approving a waiver of plat. 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. At this time Mayor Berg moved Item No.(o) up on the agenda. (o) CONSIDER ACTION - RESOLUTION SUPPORTING HANDICAP HOUSING PROJECT Staff recommended adoption of the following: Move to adopt Resolution No. 90-67 supporting concept of National Handicap Housing Institute Handicap Accessible Housing Project within the Hopkins City limits. This resolution will be provided to HUD by the National Handicap Housing Institute along with the application for funding. Councilmember Kritzler moved and Councilmember Shirley seconded the motion to adopt Resolution No. 90-67. 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. (J) CONSIDER ACTION - LOCAL 49 CONTRACT Staff recommended that the Council approve the following motion: Move approval of the 1990 Contract for Local 49. This action will ratify the 1990 contract. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to approve the 1990 Contract for Local 49. June 5, 1990 Page 8 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. (k) CONSIDER ACTION - AUDIO/VISUAL EQUIPMENT EXPENDITURES Staff recommended that the Council approve the following motions: Move that the Hopkins City Council approve the expenditure of up to $5,500 for additional equipment for the cable studio. Jim Genellie explained the need for the purchase of the additional equipment. After discussion Councilmember Kritzler moved and Councilmember Redepenning seconded the motion to approve the expenditure of up to $5,500. 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. (1) CONSIDER ACTION - RESOLUTION SUPPORTING HOPKINS TAE-KWON-DO JUNIOR OLYMPICS Staff recommended adoption of the following motion: Move to adopt Resolution No. 90-66 commending and supporting the Hopkins Tae-Kwon-Do team in its next competition. The Hopkins team has won the State Amateur competition and is advancing to a national competition. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to adopt Resolution No. 90-66. 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. (m) CONSIDER ACTION - RESOLUTION SUPPORTING CONTINUED FUNDING OF FAIRFAX DETOX FACILITY BY HENNEPIN COUNTY Staff recommended adoption of Resolution No. 90-69 supporting continued funding of Fairfax Detox Facility by Hennepin County. Jim Liddy explained the problems the Police Officers would face should Fairfax Detox Facility be closed. June 5, 1990 Page 9 Councilmember Shirley moved and Councilmember Redepenning seconded the motion to adopt Resolution No. 90-69. 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. (n) CONSIDER ACTION - 1990 BUDGET REVISIONS Staff recommended adoption of the following motion: Move to revise the 1990 budget by $71,500 according to the staff recommended budget areas. Adoption of the motion would result in a balanced budget due to a reduction in local government aid from the State of Minnesota. After discussion Councilmember Shirley moved and Councilmember Kritzler seconded the motion to revise the budget by $71,500. 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. (P) CONSIDER ACTION - RENAME COMMUNITY CENTER Staff recommended the adoption of the following motion: Approve the name change of the Hopkins Community Center to the Hopkins Activity Center. The Hopkins Community Center is being confused with Hopkins Eisenhower Community Center due to the latter's highly exposed location, massive size, more tenants and more community programs. Susan Newville appeared before Council to explain the problems with the confusion over names. After discussion Councilmember Shirley moved and Councilmember Redepenning seconded the motion to change the name to Hopkins Activity Center. 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 5, 1990 Page 10 Mayor Berg asked the Council to set a date for the first Council meeting in July. Councilmember Redepenning moved and Councilmember Shirley seconded the motion to have the first meeting on July 10th. 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® PUBLIC COMMENTS/CONCERNS Their were no public comments. VI. REPORTS - COMMITTEES/COMMISSIONS Mayor Berg announced that today was Frank Snyder's 84th birthday. The Council wished him a Happy Birthday. VII. ADJOURNMENT Councilmember Redepenning moved and Councilmember Anderson seconded the motion to adjourn. The meeting adjourned by unanimous consent. Respectfully submitted, P~t Gisbo~ne, Deputy C' y Clerk COUNCXLMEMB S: Nelson W.