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11-06-90 ...' f HOPKINS CI'lY COUNCIL MINUTES FOR NOVEMBER 6, 1990 A regular meeting of the Hopkins City Council was held on November 6, 1990 in the Council Chambers of Hopkins City Hall at 8:30 p.m. Present were Mayor Berg, Councilmembers Anderson, shirley, Kritzler and Redepenning. Also present were City staff Mielke, Genellie, Thiel, Gessele, Kerrigan, and City Attorney Jerre Miller. I. CALL TO ORDER The meeting was called to order at 8:30 p.m. II. SPECIAL ORDER OF BUSINESS a. Kathleen Lee was sworn in as a member of the Chemical Health Commission. III. CONSENT AGENDA 1. APPROVAL OF THE OCTOBER 16 1990 REGULAR MEETING MINUTES 2. APPROVAL OF THE OCTOBER 9 WORKSHOP MINUTES 3. APPROVAL OF DISBURSEMENTS, PRELIST 848 4. APPROVAL OF MISCELLANEOUS LICENSES 5. APPROVAL OF WAIVER OF PLAT CTY 3 , 11TH 6. APPROVAL OF RES. DECLARING PROPERTY AT CTY 3 AND 11TH SURPLUS 7. APPROVAL OF PU~CHASE AGREEMENT WITH BRA - CTY 3 , 11TH AVENUE 8. APPROVAL OR RES. ADOPTING COMPREHENSIVE PLAN 9. APPROVAL OF DESIGNATION OF AUDITOR FOR 1990 10. APPROVAL OF GAMBLING APPLICATION - MIZPAH CHURCH 11. APPROVAL OF GAMBLING APPLICATION - JOHN IRELAND SCHOOL 12. APPROVAL OF DESIGNATION OF FIRE LANES - EISENHOWER 13. APPROVAL OF FIRE PROTECTION - ST JOHNS CHURCH 14. APPROVAL OF CHANGING DATE FOR FIRST MEETING IN DECEMBER TO DECEMBER 11, 1990 15. APPROVAL OF CHANGING DATE FOR FIRST MEETING IN JANUARY TO JANUARY 8, 1991 16. APPROVAL OF GAMBLING APPLICATION - RASPBERRY FESTIVAL COMM. Councilmember Anderson moved and Councilmember Kritzler seconded the motion to approve the items on 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. . Hopkins, Mn Council Page 2 meeting minutes Nov mber 6, 1990 IV. PUBLIC HEARING (a) CAMPBELL 1ST ADDITION PLANS AND SPECS staff recommended that Council accept the feasibility report as ordered on October 16, 1990, and that Resolution No. 90-127, Resolution ordering improvement after public hearing, be adopted. Public Works Director Jon Thiel presented Braun Engineerings's report showing the need for reconstruction of the streets. Dick Koppy of Westwood reported that the bituminous surface with concrete curb and gutter would necessitate an assessment of approximately $2, 300/lot. City Attorney Jerre Miller gave a legal opinion as to the legality of the process used in pursuing this project. There are no procedural defects. The public hearing opened at 8:57 p.m. A question arose as to the need for reconstruction as opposed to overlays. Jon Thiel explained that the roads had been candidates for reconstruction since 1988. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to close the public hearing at 9:45 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. Councilmember Anderson moved and Councilmember Shirley seconded the motion to accept the feasibili ty report as ordered on October 16, 1990, and that Resolution No. 90-127,resolution ordering improvement after public hearing, be adopted. A poll of the vote was as follows: c~uncilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. v. OLD BUSINESS (a) MAINSTREET RECONSTRUCTION Staff recommended that the Council adopt Res. 90-112 ordering the improvement as outlined in the feasibility report option five revised and adopt Resolution 90-128 requesting Hennepin County to approve the installation of a temporary traffic signal at Shady Oak Road (cty Rd 61) and Mainstreet and approve surveying work to commence immediately on an hourly basis, subject to negotiations of a design engineering contract with Westwood Professional Services. Public Works Director Jon Thiel informed the Council that the street is in good enough condition to withstand the construction. He also furnished the Council with information regarding the condition of the sanitary sewer. Some of the sewers will need to be replaced. . Councilmember Anderson moved and Councilmember Shirley seconded the motion to adopt Res. 90-112 ordering the improvement as outlined in Hopkins, Mn Council Page 3 meeting minut s November 6, 1990 the feasibility report option five revised and adopt Resolution 90-128 requesting Hennepin County to approve the installation of a temporary traffic signal at Shady Oak Road (cty Rd 61) and Mainstreet and approve surveying work to commence immediately on an hourly basis, subject to negotiations of a design engineering contract with Westwood Professional Services. 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. NEW BUSINESS. (a) HOPKINS SANITARY LANDFILL METHANE GAS REMEDIATION PLAN Staff recommended that Council approve the installation of gas monitors in some of the Westbrooke Patio Homes and also recommended that Council adopt Res 90-131 approving plans and specifications for excavation of off-site landfill and placement of a synthetic methane barrier at the 7th Street landfill site and authorizing bids. Engineering Supervisor Jim Gessele explained the need for monitoring methane gas in the Westbrooke area and preventing gas from migrating toward Westbrooke homes. Council concurred with the need to place monitors on the site. A representative from RCM presented information on the need and cost for a barrier to be erected between the landfill and Westbrooke Patio Homes. Councilmember Anderson moved and Councilmember Shirley seconded the motion to adopt Res 90-131 approving plans and specifications for excavation of off-site landfill and placement of a synthetic methane barrier at the 7th Street landfill site, and authorizing 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. (b) FIRST READING OF BINGO ORDINANCE Staff recommended that Council adopt Res. 90-109 approving Ordinance 90-686 for first reading which will not allow bingo halls as a primary use in the B-3 district. Mayor Berg spoke in favor of the proposed ordinance. He did not feel that bingo parlors would promote the type of image that we Hopkins wishes to portray. Councilmember Redepenning moved and Councilmember Shirley seconded the motion to adopt Resolution 90-109 for first reading. A poll of the vote was as follows: Councilmember Anderson abstained; Councilmember . Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried. Hopkms, Mn CouncIl Page 4 meetmg mmutes November 6, 1990 (0) FIRST READING OF ORDINANCE REGARDING GOVERNMENTAL SIGNS staff recommended that Council approve res 90-115 approving Ordinance 90-687 for first reading to allow governmental signs to be exempt from the zoning requirements. Community Development Director Tom Harmening pointed out the need to exempt government signs from the total signage that a property is allowed. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to approve res 90-115 approving Ordinance 90-687 for first reading to allow governmental signs to be exempt from the zoning requirements. 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) PERSONNEL POLICY Staff recommended that Council approve the first reading of Ordinance No 90-688 amending Section 315 of the Hopkins City Code. This action would begin a process to bring all the personnel rules and regulations into a single document. Councilmember Anderson moved and Councilmember Kritzler seconded the motion to approve the first reading of Ordinance No 90-688 amending Section 315 of the Hopkins City Code. 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. () INCREASE IN BENEFITS - FIRE RELIEF ASSN. Staff recommended that the pension for the Fire Relief Association be increased from $2,500 per year of service to $3,000 per year of service beginning January 1, 1991. City Manager Mielke explained that this increase was in line with other budget increases for 1991. Councilmember Anderson moved and Councilmember Kritzler seconded the motion to increase the pension for the Fire Relief Association from $2,500 per year of service to $3,000 per year of service beginning January 1, 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. . Hopkins, Mn Council Page 5 meeting minutes November 6, 1990 (f) AMEND CHARITABLE GAMBLING POLICY staff recommended that Council amend Legislative Policy #4-D to limit the number of charities that can conduct gambling at a single location. After discussion, Councilmember Shirley moved and Councilmember Anderson seconded the motion to continue this item for the purpose of getting more information. 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) INVESTIGATION FEE FOR GAMBLING LICENSES Staff recommended that Council move to establish a fee of $25 for the investigation of organizations applying for gambling licenses. After discussion, Councilmember Anderson moved and Councilmember Redepenning seconded the motion to continue this item for the purpose of getting more information. 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. VII. PUBLIC COMMENTS/CONCERNS There were no public comments. VIII. REPORTS - COMMITTEES/COMMISSIONS There were no Commission/Committee reports IX. ADJOURNMENT The Council discussed and agreed to have the new Pavilion/Arena Open House on December 15, 1990. Respectfully submitted, James A. Genellie, City Clerk . \ r Hoplans, Mn CouncIl Page 6 meetmg mmutes November 6, 1990 / / / \ Councilmembers: