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Memo Garber Lawsuit-Closed Door Meeting ~ . Mllmiil1%llriila !!i~tli~ti;;~~~~.:ill~~~;f.~~~il~;;:::;~:1il~ CONFIDENTIAL To: The Hon~.MaYOr and City Council From: Tom Harm~'ning, Community Development Director Date: Friday, June 3, 1994 Subject: Garber Lawsuit - Closed Door Meeting On May 17th, the City Council conducted a closed door meeting in order to discuss a possible settlement of the Garber lawsuit. As a part of this discussion, the Council provided staff with direction as to a settlement with which it would be comfortable. This settlement basically involved requiring Garber to install the 20ft. landscaped setback area within one year provided he was still operating an auto dealership at that time. In addition, the City would pay for the closure of the southerly access. This closure would occur immediately. . This settlement offer was not accepted by Garber. Several other settlement ideas were suggested one of which staff and Garber have come to a preliminary agreement on. This new settlement would involve Garber installing the 20ft. landscape setback area immediately. In addition, the existing southerly access on 6th Avenue would be closed, but a new access would be allowed to be opened 37ft. north of the curb line on Mainstreet, (37ft. is the recommended distance). The existing northerly access into the Garber property would be permitted to exist. The settlement agreement also includes a provision that the City, primarily through its insurance company, would pay for the closure of the southerly access as well as the opening of the new access point. Staff and its Attorney, Tom Scott, desire to conduct a closed door meeting with the City Council at the end of our upcoming meeting in order to discuss the aforementioned settlement option. If you should have any questions or comments regarding the proposed settlement arrangement, please feel free to contact either Steve or myself. cc: Steve Mielke, City Manager . 4' I I f I I ~ , I ,~ , , . . I ,. 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L-. h._' ~~- , ~ ~ ~ '-' -~ _ /~=--",'~~.._,-J~ ( ~ .'-' -- .t47Ti ~.b Dl,Ll\it..\. ,t..v - , . e A regular meeting of the Hopkins city Council was held on June 7, 1994 in the Council Chambers of Hopkins City Hall. Present were Mayor Redepenning, councilmembers Anderson, Hesch, Kritzler and Maxwell. Also present were staff members Mielke, Genellie, Harmening, Gustafson, Kerrigan, Gessele and city Attorney Jerre Miller. I. CALL TO ORDER Mayor Redepenning called the meeting to order at 7:30 p.m. II. OPEN AGENDA - PUBLIC COMMENTS/CONCERNS Their were no public comments. III. PRESENTATION Michael Kremer, Superintendent, and David Shapley, Business Affairs Director, from School District No. 270 appeared before council to apprlse them of the financial situation that the school district will be experiencing for 1995-1996. Due to a variety of factors the tax levy will increase about 13% to 24% In 1995. After further discussion the council . thanked them for corning and wished them success in the corning year. Mr. Kremer thanked Mr. Mielke for meeting with him and forming a good communications line between the city and the School. IV. APPEARANCE Senator Ted Mondale and Representative Steve Kelley appeared before Council to inform them of the last legislative session. They both were very pleased over the three items that were accomplished for the city of Hopkins. Senator Mondale thanked Steve Mielke for all of his help and said that the City lS a very fortunate to have such a good Ambassador for the City of Hopkins. 1- The special help for Westbrooke. Mr. Kelley said that this legislation will be a future model for Cities across the state. 2 . The $500,000 grant for the Art Center. 3. Special help for the landfill problem. Lana Minne, also appeared before council and thanked Mr. . Mielke for all of the time, effort and continuing help he gave by appearing at the Capital. She also thanked Tom Harmening for all the hours he also pt.:t In assisting TN" i th the legislation. -- --- . - . June 7, 1994 e Page 2 Mayor Redepenning thanked Ms. Minne and said the city appreciated her help. Mayor Redepenning presented Senator Mondale and Representative Kelley with plaques expressing the city's appreciation of their fine efforts on behalf of the city of Hopkins. V. CONSENT AGENDA l. APPROVAL OF MAY 17, 1994 REGULAR MEETING MINUTES 2. APPROVAL OF MISCELLANEOUS LICENSES 3. APPROVAL OF DISBURSEMENTS - PRELIST 940 4 . RESOLUTION APPROVING OF SPECIAL LAW - WESTBROOKE RESIDENTIAL SERVICE DISTRICT (Cr. 94-104) 5. RESOLUTION REGARDING PARK DEDICATION - STElLE PLAT (Cr. 94-104) 6. APPROVE MAETZOLD FIELD USE POLICE (Cr. 94-102) 7. APPROVE 3.2 BEER LICENSES - HOPKINS JAYCEES (cr. 94-97) 8. APPROVE 1995 SUBURBAN RATE AUTHORITY ( SRA) BUDGET (Cr. 94-103) e 9. AWARD CONTRACT FOR PUBLIC WORKS ADDITION AND AMEND REFUSE BUDGET (Cr. 94-100) 10. AUTHORIZE PROFESSIONAL SERVICES FOR LOT 700 RECONSTRUCTION (Cr. 94-106) 1I. ORDER FEASIBILITY REPORT, ALLEY RECONSTRUCTION - 8TH AVENUE NORTHj450 FEET SOUTH OF 1ST STREET NORTH (Cr. 94-107) Mayor Redepenning asked that Items No. 6 and 9 be removed from the Consent Agenda and discussed at the bottom of the regular agenda. Councilmember Anderson moved and Councilmember Hesch seconded the motion to approve the Consent Agenda minus Items 6 and 9. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Hesch, Aye; Councilmember Kritzler, Aye; Councilmember Maxwell, Aye; Mayor Redepenning, Aye. The motion carried unanimously. VI. NEW BUSINESS a. CONSIDER ACTION - RASPBERRY FESTIVAL BUDGET (Cr. 94-99) . . . June 7, 1994 Page 3 staff recommended adoption of the following motion: Move to approve the proposed budget for Raspberry Festival expenditures and authorize staff to expend funds based upon the budget. Mr. Mielke went over the proposed budget with the Council. Larry Kelso and Dave Williams from the Raspberry Festival also appeared before Council to answer and questions. After a brief discussion Councilmember Anderson moved and councilmember Maxwell seconded the motion to approve the proposed budget for the Raspberry Festival. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Hesch, Ayei Councilmember Kritzler, Aye; Councilmember Maxwell Aye; Mayor Redepenning, Aye. The motion carried unanimously. b. CONSIDER ACTION - HBCA REQUEST (Cr. 94-108) e Staff recommended adoption of the following motion: Move to approve the $19,000 funding request from HBCA for 1994 with the understanding that $10,000 will come from the City's Economic Development Fund, with the remaining amount to be provided based upon contributions the City may receive from Civic Organizations such as the Jaycees and Raspberry Festival. Mr. Harmening went over the request with the Council. Mark Senn, President of HBCA, thanked the Twin West Chamber of Commerce and the City for all of the support given to the organization. councilmember Kritzler moved and Councilmember MaX1'N'ell seconded the motion to approve the funding request. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Hesch, Aye; Councilmember Kritzler, Aye; Councilmember Maxwell, Aye; Mayor Redepenning, Aye. The motion carried unanimously. c. CONSIDER ACTION- ACCEPT FEASIBILITY STUDY, - MAINSTREET. ORDER PUBLIC HEARING (Cr. 94-101) . staff recommended adoption of the following motion: Move to accept the Mainstreet feasibility report prepared by RLK and Associates as ordered on April 19, 1994 and adopt Resolution No. 94-54 ordering a public hearing for July 5, 1994. --- .- .-----. - -. - . .. - - --- ,.. . June 7, 1994 . Page 4 Mr. Gustafson discussed the report with the Council. Dick Koppe, RLK, gave a report on the study, with suggestions on improved landscaping and partial removal of the wall on the exit ramp into Hopkins. Councilmember Anderson moved and Councilmember Hesch seconded the motion to adopt Resolution No. 94-54 ordering a public hearing for July 5, 1994. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Hesch, Aye; Councilmember Kritzler, Aye; Councilmember Maxwell, Aye; Mayor Redepenning I Aye. The motion carried unanimously. d. ESTABLISHING A COMMON CENTER TURN LANE ON MAINSTREET BETWEEN FIFTH TO WASHINGTON AVENUES (Cr. 94-109) Staff recommended adoption of the following motion: Move to direct staff to establish a common center turn lane on Mainstreet between 5th to Washington Avenues and eliminate all on-street parking lD this area except in front of Now Sports, 450 Mainstreet. 4It Mr. Gustafson explained the need for the common turn center lane and would like to test the traffic before the July 5th Public hearing. J. D. Lindstrom, Hopkins Car Care Center, appeared before Council with concerns over the center turn lane. He stated that access to his business lS already difficult during the lunch hour with all of the Burger King traffic. He was afraid that additional space on the turn lane would further hamper access to and from his property. Mr. Koppe said that he had been unable to discuss the proposed renovations with the owners of Now Sports and has an appointment to meet with them very soon. After further discussion councilmember Maxwell moved and Councilmember Hesch seconded the motion to continue this item until June 21, 1994. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmernber Hesch, Aye; Councilrnember Kritzler, Aye; Councilrnember Maxwell, Aye; Mayor Redepenning, Aye. The motion carried unanimously. . - e June 7, 1994 Page 5 e. CONSIDER ACTION - DISABLED TRANSFER ZONE, 904 2ND STREET NORTH (Cr. 94-98) Staff reco1'tunended adoption of the following motion: Move that the Council adopt Resolution No. 94-51 approving installation of a Disabled Transfer Zone, 904 Second Street South. Councilmember Anderson moved and Councilmember Hesch seconded the motion to adopt Resolution No. 94-51- A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Hesch, Aye; Councilmember Kritzler, Aye; Councilmember Maxwell, Aye; Mayor Redepenning, Aye. The motion carried unanimously. f. DISCUSSION - JAYCEES TENT DANCE LOCATION (Memo) Jim Genellie went over the request of the Jaycees for moving the Tent Dance to Lot 300 for both week ends during the . Raspberry Festival. Paul Ahles, Hopkins Jaycees, appeared before Council to discuss the reason for having the tent dance on Lot 300. Due to the Fire Code the Jaycees can not set the tent up on the outdoor hockey rink because of the required exits. The Fire Code requires five exits on a tent and the hockey rink has only two exits. Major dismantling would need to take place in order to accommodate the tent. After further discussion the Council asked Mr. Ahles to be inform the business people of the situation. e. DISCUSSION - GARAGE SALE SIGNS (Memo) Tom Harmening requested input on the existing garage sign zoning ordinance. He informed the Council that the city ordinances limit a person to only two garage sales a year, not to last longer than three days. No signs may be posted on any public property. When this happens the city has the right to remove the sign and dispose of it. The Council felt that the ordinance should remaln as it is and signs should be removed when the City is informed that e they are on public property. ~ June 7, 1994 e Page 6 Items 6 and 9 were brought back to the table at this time. Item No. 9. Mayor Redepenning asked if the $29,800 requested, would cover the sprinkler system on the maln level of the public works. He also asked why the additional items were not in the original estimate. Mr. Gustafson said that they were, but as alternate items. Item No. 6 Mayor Redepenning inquired as to the advertising signs that would be used at Maetzold Field. Mr. Gustafson said that Little League depended on the revenue from the signs to help defray the cost of supplies. councilmember MaX'.oJell said that the fields look beautiful and all the signage was uniform and looked great. After further discussion Councilmember Maxwell moved and Councilmember Anderson seconded the motion to approve Items No. 6 and 9 from the consent agenda. A poll of the vote was as follows: Councilmember Anderson, e Aye; councilmember Hesch, Aye; Councilmember Kritzler, Aye; Councilmember MaX'tlell, Aye, Mayor Redepenning, Aye. The motion carried unanimously. VII. REPORTS - COMMITTEES/COMMISSIONS Councilmember Kritzler reported that the Neighborhood Advisory Board ,is in the process of organizing neighborhoods and composing a manual. councilmember Hesch said that the Chemical Health Commission discussed chemical uses and abuses at the high school. She also said that the Commission is forming a partnership with the schools. e ..-- - .-- .. --. . c It June 71 1994 Page 7 VII. ADJOURNMENT Councilmember Hesch moved and Councilmember Anderson seconded the motion to adj ourn. . The meeting adjourned by unanimous consent. Respectfully submitted, Pat Gisborne, Deputy City Clerk COUNCILMEMBERS : . ATTEST: Charles D. Redepenning, Mayor .