12-11-90A regular meeting of the Hopkins City Council was held on
December 11, 1990 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, Thiel, Harmening, Gessele, Schedler,
Kerrigan and City Attorney Jerre Miller.
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I ·
CALL TO ORDER
Mayor Berg called the meeting to order at 7:46 p.m.
II.
CONSENT AGENDA
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APPROVAL OF THE NOVEMBER 20, 1990 REGULAR MEETING
MINUTESS
APPROVAL OF DISBURSEMENTS, PRELIST 850
APPROVAL OF MISCELLANEOUS LICENSES
APPROVE CONCEPT - PINES MOBILE HOME PARK
REDEVELOPMEMT PROJECT (as per HRA approval)
APPROVAL GAMBLING APPLICATION - ELKS CLUB
APPROVE ASSIGNMENT OF LEXINGTON PARKING AGREEMENT
APPROVE EMERGENCY OPERATIONS PLAN
After a brief discussion concerning an additional condition
of having the developer resolve the configuration of the
housing portion of the project for the Pines Concept Review,
Councilmember Redepenning moved and Councilmember Anderson
seconded the motion to approve the consent agenda including
the additional condition stated above.
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.
(a)
PUBLIC HEARINGS
1991 BUDGET AND LEVY (Continued from November 20,
1990)
Staff recommended adoption of the following motion: Move
that Resolution No. 90-147 "Approving 1990 Tax Levy,
Collectible in 1991, and Adopting the 1991 Budget" be
adopted.
Adoption of this resolution will enable compliance with the
"Truth and Taxation" law enacted by the Minnesota
legislature for levy year 1990.
December 11, 1990
Page.2
Mr. Mielke gave a brief summary of the proposed budget.
Mayor Berg opened the public hearing at 7:55 p.m.
Several people voiced their concerns over the budget. After
discussion Councilmember Anderson moved and Councilmember
Kritzler seconded the motion to close the public hearing at
8:28 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.
Mayor Berg explained to the public that State aid will
probably be cut and the city is trying to set up contingency
plans to cut the budget at a later date.
The Council discussed Service Organization Funding. Staff
recommended cutting in some areas. Councilmember
Redepenning felt that the City should continue to help fund
the Childs Play Theatre Company. Mayor Berg suggested that
the City give $1,000.
After discussion Councilmember Redepenning moved to accept
the funding of the various organization as recommended by
staff including the Childs Play Theatre Company for $1,000.
Councilmember Kritzler seconded the motion.
A poll of the vote was as follows: Councilmember Anderson,
Nay; Councilmember Shirley, Nay; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried.
Dick Stanley made a presentation on behalf of the Hopkins
Community Promotions. The group had asked for $15,000
to continue their programs. After discussion Councilmember
Anderson moved and Councilmember Redepenning seconded the
motion to give HCP $10,000 with a prepayment in January of
half of the funds with the balance in July, 1991.
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.
December 11, 1990
Page 3
After additional discussion of the budget Councilmember
Redepenning moved and Councilmember Kritzler seconded the
motion to adopt Resolution No. 90-174 amended to reduce both
the proposed budget and levy by $17,000.
Councilmember Anderson and Councilmember Shirley were very
concerned about reducing the budget at this time. Should it
be necessary to cut at a later date they both felt that the
proposed $17,000 would be needed at that time to make the
adjustment.
A poll of the vote was as follows: C. ouncilmember Anderson,
Nay; Councilmember Shirley, Nay; Councilmember Kritzler,
Aye; Councilmember Redepenning Aye; Mayor Berg, Aye. The
motion carried.
(b)
PUBLIC HEARING - STREET IMPROVEMENTS - CAMPBELL
DRIVE
Staff recommended the following motion: Move that Council
accept the feasibility report as ordered on November 20,
1990, and adopt Resolution No. 90-144 ordering improvement
after a public hearing be adopted.
This action will continue an assessable project on Campbell
Drive. Plans and specifications will be developed and bids
solicited for construction in the summer of 1991. Mr.
Gessele informed the Council that the assessment was no
longer an issue as all properties would be assessed equally.
After the Council discussed the recommendation, Fran Hagen
of Westwood presented the feasibility report.
Mayor Berg opened the Public Hearing at 10:00 p.m.
John Strojan appeared before Council to restate his
objections on the process of the preparation of the
resolution and public hearing.
Roger Johnson also appeared before Council to say that he
had been unable to contact Keith Carstens and Cecil Kloss
when he carried the petition around Campbell drive for.the
necessary street repairs.
Hearing no more comments Councilmember Redepenning moved and
Councilmember Anderson seconded the motion to close the
hearing.
December 11, 1990
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. The hearing was closed at 10:25
p.m.
Councilmember Redepenning moved and Councilmember Shirley
seconded the motion to adopt Resolution No. 90-144 ordering
the improvement.
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. OLD BUSINESS
(a)
CONSIDER ACTION - ORDINANCE DECLARING A MORATORIUM
ON RADIO ANTENNAE/TOWERS
Staff recommended that the Council move to approve Ordinance
No. 90-669 for second reading and order published.
After a brief discussion Councilmember Redepenning moved and
Councilmember Kritzler seconded the motion to adopt
Ordinance No. 90-669 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, Aye; Mayor Berg, Aye. The
motion carried unanimously.
(b)
CONSIDER ACTION - ADDITIONAL REFUSE COLLECTION
SERVICES AND CHARGES
Staff recommended that Council adopt extra refuse collection
service policies for 1991 and adopt Resolution No. 90-138
establishing extra refuse collection service charges for
1991.
Jon Thiel explained the need for the additional charges.
After discussion Councilmember Redepenning moved and
Councilmember Shirley seconded the motion to adopt the extra
refuse collection service policies for 1991 and adopt
Resolution No. 90-138.
×
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.
December 11, 1990
Page 5
V. NEW BUSINESS
(a)
PUBLIC HEARING TO CORRECT OMISSIONS - MAINSTREET
RECONSTRUCTION
Staff recommended the following motion: Move that Council
adopt Resolution No. 90-145, Resolution calling for hearing
to correct an omission on Mainstreet reconstruction.
This action will correct a staff oversight in the
preparation of mailed notices to owners of abutting parcels
on Mainstreet in regard to the original public hearing on
Mainstreet reconstruction convened September 18, 1990.
After discussion Councilmember Shirley moved and
Councilmember Anderson seconded the motion to adopt
Resolution NO. 90-145 and set January 8, 1991 for a hearing
date.
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 - PROPOSED INCREASE TO STORM SEWER
FEES
Staff recommended adoption of the following motion: Adopt
Resolution No. 90-146 increasing storm sewer utility rates
effective on billings rendered from and after February 1,
1991.
After discussion Councilmember Redepenning moved and
Councilmember Shirley seconded the motion to adopt
Resolution No. 90-146.
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 - PROPOSED SANITARY SEWER RATE
INCREASE ~
Staff recommended that the Council move to approve first
reading of Ordinance 90-670 "An ordinance establishing
Sanitary Sewer Rates for 1991 and amending section 715.07 of
the 1986 Hopkins Code of Ordinances.
December 11, 1990
Page 6
Councilmember Anderson moved and Councilmember Redepenning
seconded the motion to approve for first reading Ordinance
No. 90-670.
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 - VARIANCE' 121 BLAKE ROAD - GARAGE
Staff recommended approval of the following motion: Move to
adopt Resolution No. 90-142 denying the 6.5 foot side yard
setback variance at 121 Blake Road South.
Approval of this motion would not allow the applicant to
construct an addition as proposed. Staff recommended denial
because the property does not have an undue hardship to
warrant the variance. The Zoning and Planning Commission
voted to approve Resolution No. RZ90-18 recommending denial
of the 6.5 foot side yard variance.
Mr. Kelly appeared before Council to show the outline of the
attached garage he would like to add to his home. He
explained his reasons for wanting to make this addition. Mr.
Kelly and City Atorney Miller discussed matters pertaining
to a recent court case regarding a variance.
After discussion Councilmember Anderson moved and
Councilmember Redepenning seconded the motion to refer this
item back to Zoning and Planning such that the request,
including the recent court case can be reexamined.
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 - MARCUS CORPORATION AGREEMENT
AMENDMENT - WELL SITE
Staff recommended adoption of the following motion: Amend
the agreement between the City of Hopkins and Marcus
Corporation dated August 20, 1990 for the redevelopment of
the City owned property on the northwest corner of Blake
Road and Second Street N.E. as recommended by staff.
Approval of this action would provide for an extension to
the Redevelopment Agreement until March 4, 1991 as requested
by Marcus Corporation.
December 11, 1990
Page 7
Marc Senn appeared before Council to explain the need for
the extension. Councilmember Anderson questioned the need
for extending the dead line. He felt that the deal had been
made and Mr. Senn had ten months in which to make his
arrangements.
After discussion Councilmember Redepenning moved and
Councilmember Kritzler seconded the motion to approve the
extension until March 4, 1991 per staff recommendation.
A poll of the vote was as follows: Councilmember Anderson,
Nay; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried.
(f)
CONSIDER ACTION - LRT PRELIMINARY DESIGN PLANS
Staff recommended adoption of the following motion: Move to
order a public hearing for 7:30 p.m. on January 8, 1991
regarding the preliminary design plans for the Southwest LRT
Corridor.
Councilmember Kritzler moved and Councilmember Redepenning
seconded the motion to order a public hearing for 7:30 p.m.
on January 8, 1991.
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 - CHANGE IN PARKING TIME LIMIT
ALLEY NORTH OF RAMP
The Parking Committee recommended adoption of the following
motion: Move to re-designate the spaces to the east of the
dumpster enclosure north of the parking ramp, from 30
minutes to 3 hour parking.
After discussion Councilmember Redepenning moved and
Councilmember Kritzler seconded the motion to re-designate
the spaces to the east of the dumpster enclosure, north of
the parking ramp, from 30 minutes to 3 hour parking with
staff to monitor the new parking arrangement to make sure
it is not abused with regard to employee or delivery truck
parking. If abuses do occure the matter should be brought
back to the City Council for review.
December 11, 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.
(h)
CONSIDER ACTION - RENEWAL OF LIQUOR LICENSES
Staff recommended adoption of the following motion: Move
that the Hopkins City Council approve the annual renewal of
liquor licenses for the year of 1991.
Councilmember Redepenning moved and Councilmember Shirley
seconded the motion to approve the Liquor Licenses for the
year of 1991 excluding Item No. 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.
VI.
PUBLIC COMMENTS/CONCERNS
There were no public comments.
VII. REPORTS - COMMITTEES/COMMISSIONS
The Mayor reminded the Council and the Public to be sure an
attend the open house of the pavilion.
Councilmember Redepenning said that he and Tom Harmening
would keep on top of the Design committee and report back to
Council.
Mr. Mielke reminded the Council of the Twin West luncheon on
Thursday.
December 1~, 1990
Page 9
VIII. ADJOURNMENT
Councilmember Anderson moved and Councilmember Redepenning
seconded the motion to adjourn. The meeting adjourned by
unanimous consent.
Respectfully submitted,
P~t Gisbdrne, Deputy City Clerk
Nelson w. Berg, Mayor~J .