11-07-1989
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A regular meeting of the Hopkins City Council was held on
November 7, 1989 in the Council Chambers of Hopkins City
Hall.
Present were Mayor Berg, Councilmembers Anderson, Shirley,
Kri tzler, and Redepenning. Also present were ci ty staff
Genellie, Mielke, N. Anderson, Thiel, Gessele, and City
Attorney Jerre Miller.
I . CALL TO ORDER
Mayor Berg called the meeting to order at 8:55 p.m.
II. SPECIAL ORDER OF BUSINESS
Representatives of Thermotech, Chuck Eitel and Bob Radunz
presented the Police and Fire Departments with a cash
donation of $5,000 for additional equipment.
III. CONSENT AGENDA
1. APPROVAL OF THE OCTOBER 17, 1989 REGULAR MEETING
MINUTES
2. APPROVAL OF THE OCTOBER 10, 1989 COUNCIL WORKSHOP
MEETING MINUTES
3. APPROVAL OF DISBURSEMENTS, PRELIST 824
4. APPROVAL OF MISCELLANEOUS LICENSES
5. APPROVE HENNEPIN COUNTY HEALTH AGREEMENT
6. GAMBLING LICENSE APPLICATION - VFW POST
7. GAMBLING LICENSE APPLICATION - JOHN IRELAND SCHOOL
8. SET PUBLIC HEARING FOR BUDGET
9. APPROVE RESOLUTION AUTHORIZING HCP TO CONDUCT
PROMOTIONAL ACTIVITIES
10. GAMBLING LICENSE APPLICATION - RASPBERRY FESTIVAL
ASSOCIATION
11. APPOINTMENT OF MIKE WINSHIP TO THE ZONING & PLANNING
COMMISSION
Councilmember Anderson moved and Councilmember Redepenning
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.
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November 7, 1989
Page 2
IV. PUBLIC HEARING
a. REORGANIZATION/MODIFICATION OF REDEVELOPMENT PROJECTS
AND TAX INCREMENT FINANCING DISTRICTS
Staff recommended adoption of the following resolution:
Approval of Resolution No. 89-94 adopting "Modification &
Reorganization of Redevelopment proj ects & Tax Increment
Financing Districts, including a tax increment financing
plan for tax increment district 2-2."
Mayor Berg opened the Public Hearing at 9:15 p.m.
After a brief discussion Councilmember Redepenning moved and
Councilmember Kritzler seconded the motion to close the
public hearing at 9:18 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 Redepenning moved and Councilmember Shirley
seconded the motion to adopt Resolution No. 89-94.
A poll of the vote was as follows: Councilmember Anderson,
Nay; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. Th
motion carried.
V. OLD BUSINESS
(a) CONSIDER ACTION - SECOND READING ORDINANCE 89-659
BEER SALES
Staff recommended the following motion: Move that the
Hopkins City Council approve Ordinance No. 89-659 for second
reading and order published.
This action will amend section 1200 of the Hopkins City Code
to allow for establishments which have wine and 3.2 beer
licenses to also sell strong beer as long as 60% of their
gross income comes from the sale of food.
After discussion Councilmember Anderson moved and
Councilmember Redepenning seconded the motion to approve
Ordinance #89-659 for second reading and ordered published.
November 7, 1989
Page 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.
VI. NEW BUSINESS
(a) CONSIDER ACTION - TERMINATION OF TAX INCREMENT
DISTRICT 150
Staff recommended adoption of the following motion: Move to
adopt Resolution No. 89-89 terminating the redevelopment
project and tax increment financing a district established
on June 23, 1970. This resolution will be provided to the
County in conj unction wi th a request that tax increment
district 150 be terminated.
After a brief discussion Councilmember Redepenning moved and
Councilmember Shirley seconded the motion to adopt
Resolution 89-89.
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 - WAIVER OF PLATTING REQUIREMENTS
WALTER BUSH
Staff recommended the following motion: Move to approve
Resolution No. 89-84B approving the waiver of plat of
Hawthorne Road with a cul-de-sac with a 50 foot radius.
This action will allow the applicant to divide the property
as proposed with a cul-de-sac meeting the ordinance
requirements of a 50 foot radius.
Nancy Anderson and Jon Thiel informed Council of the
necessity for having the cul-de-sac with a 50 foot radius.
Nancy showed the plans of the lot divisions and Jon Thiel
explained the need for a turn around area for the snow
plowing trucks, refuse pick-up etc. Mr. Bush appear d
asking for a smaller cul-de-sac with a 25 foot radius. H
felt that a 50 foot radius would limit the construction
ability of the houses that would go on the lots. Susan
Merrill also appeared before Council and did not like the
idea of a cul-de-sac with a 50 foot radius. She stated she
would prefer a straight road with a dead end for Hawthorne
Road.
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November 7, 1989
Page 4
Councilmember Shirley was concerned about not following th
ordinance and allowing a small radius to be used.
Councilmember Redepenning moved and Councilmember Anderson
seconded the motion to adopt Resolution 89-84A making
findings of fact and approving application for waiver of
Plat WVR: 89-2 with a cul-de-sac with a 25 foot radius. He
also stated that he feels this is a hardship due to the
unusual shape of the lots.
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.
(c) CONSIDER ACTION - VACATION OF RIGHT-OF-WAY - WALTER
BUSH
Move to adopt Resolution No. 89-83B approving the vacation
of the south part of Hawthorne Road with a cul-de-sac with a
50 foot radius.
Approval of this resolution will vacate approximately the
south 67 feet of Hawthorne Road with a cul-de-sac meeting
the ordinance requirements of a 50 foot radius.
Councilmember Redepenning moved and Councilmember Kritzler
moved to adopt Resolution 89-83A approving vacation of th
south part of Hawthorne Road with a 25 foot radius cul-d -
sac.
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.
(d) CONSIDER ACTION - PROPOSED CONCEPT PLAN - STUART
DEVELOPMENT
Stuart Corporation is proposing to develop property in
Minnetonka which is directly west of Greenfield Apartments
and the Hopkins landfill. The development would be
apartments and townhouses. The only access currently
existing to the property is from Smetana Road. They are
proposing to extend 7th Street South to allow additional
access to the property.
Jerry Sovell of Stuart Corporation appeared before the
Council and Mitch Wonson of Benshoof & Associates to answer
questions the Council might have. The consensus of Council
was to proceed with the project.
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November 7, 1989
Page 5
(e) CONSIDER ACTION - REQUEST FOR VARIANCE - RUDY LUTHER
Staff recommended approval of the following motion: Move to
adopt Resolution No. 89-91 approving the variance to
construct a building in the 20 foot setback. Approval of
this resolution will allow the applicant to construct a
building in the front yard setback. Gordon Nelson,
representing Ruty Luther Hopkins Honda appeared before th
Council with drawings of the proposed building.
After discussion Councilmember Kritzler moved
Councilmember Shirley seconded the motion to
Resolution No. 89-91 approving the variance.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. Th
motion carried unanimously.
and
adopt
(f) CONSIDER ACTION - FIRST READING - MOBILE PARK
INSPECTION
Staff recommended approval of the following motion: Move to
adopt Resolution No. 89-92 recommending approval of
Ordinance No. 89-658 for first reading.
Tom Goodman an Attorney for the Pines owners appeared before
Council to cite several reasons for not approving this
recommendation at the Council meeting. He felt that he had
not had enough time to study the reports. He also asked for
a continuation of the resolution and first reading of the
ordinance.
After a great deal of discussion Councilmember Redepenning
moved and Councilmember Anderson seconded the motion to
continue this item for one month until the December 5th
Council meeting.
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.
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November 7, 1989
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(g) CONSIDER ACTION - 1ST READING MOBILE PARK ORDINANCE -
ZONING
Staff recommended approval of the following motion: Move to
adopt Resolution NO. 89-02 recommending approval of
Ordinance No. 89-658 for first reading. Approval of this
resolution would establish an ordinance to regulate any new
mobile home park.
Councilmember Redepenning moved and Councilmember Anderson
seconded the motion to continue this item for one month.
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 - WAIVER OF PLATTING REQUIREMENTS -
HARLEY HOPKINS
Staff recommended approval of the following motion: Move to
adopt Resolution No. 89-95 approving the waiver of the plat
to divide the Harley Hopkins site. Approval of this
resolution will divide the existing lot into two parcels.
The City recently purchased the east part of the site for
construction of a storm water retention pond. The site
needs to be divided because there are now two owners of this
property.
Councilmember Anderson moved and Councilmember Shirley
seconded the motion to adopt Resolution No. 89-95 approving
the waiver of the 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.
(i) CONSIDER ACTION - RESOLUTION (SALE OF BONDS)
Staff recommended adoption of the following resolution:
Resolution No. 89-102 authorizing the sale of a $1,390,000
Redevelopment Bond. With approval of this resolution,
Evanson Dodge will prepare the bond documents and advertise
the sale. On December 5 the City Council will be requested
to approve a resolution awarding the sale of the bond.
After a brief discussion Councilmember Redepenning moved and
Councilmember Kritzler seconded the motion to authorize the
sale of a $1,390,000 Redevelopment Bond.
November 7, 1989
Page 7
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 - NO. 89-103 (SALE OF BONDS)
Staff recommended adoption of the fOllowing motion: Move
that Resolution No. 89-103 "Authorize the Issuance and Set
Sale Date for $2,790,000 of General Obligation Sewer Revenue
Bonds", be adopted. Adoption of this Resolution and Item (k)
in conjunction with the resolution to authorize $1,390,000,
tax increment bonds will enable the City to sell $4,590,000
of tax exempt bonds for 1989.
Construction of storm sewers and concrete alleys have been
estimated at a cost of $3,186,000 through 1994. Eighty-
seven percent (87%) of the construction will be done in
1989.
Councilmember Shirley, moved and Councilmember Anderson
seconded the motion to authorize the issuance and a sale
date for $2,790,900 of General Obligation Bonds.
A poll of the vote was a follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried unanimously.
(k) CONSIDER ACTION - RESOLUTION NO. 89-104
Staff recommended adoption of the following motion: Move
that Resolution No. 89-104 "Authorize the issuance and S t
Sale Date For $410,000 of Capital Loan Notes", be adopted.
Councilmember Shirley moved and Councilmember Redepenning
seconded the motion to adopt Resolution No. 89-104.
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 - HOP-A-RIDE BIDS
Staff recommended adoption of the following motion: Move to
award the Hop-A-Ride bid to Town Taxi at $1.99 per ride and
to increase the ticket price $.05 per ride.
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November 7, 1989
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Councilmember Anderson moved and Councilmember Redepenning
seconded the motion to adopt resolution No. 89-104 and award
the Hop-A-Ride bid to Town Taxi.
A poll of the vote was as follows; Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. Th
motion carried unanimously.
(m) CONSIDER ACTION - PROPOSED TAX LEVY
Staff recommended adoption of the following motion: Move
that Resolution No. 89-100 "Approving 1989 proposed Tax Levy
Collectible in 1990" be adopted.
Adoption of this resolution will enable the City to comply
with the special 1989 legislative session property tax law.
Councilmember Anderson moved and Councilmember Redepenning
seconded the motion to adopt Resolution No. 89-100.
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 - VETERANS MEMORIAL
Staff recommended adoption of the following motion: Move to
approve a budget of $15,500 for the veterans memorial in
Downtown Park and to authorize staff to proceed with the
project.
Steve Mielke informed the Council that he had heard from the
American Legion Club and the VFW. They each have agreed to
contribute 30% of the total cost.
Councilmember Redepenning moved and Councilmember Anderson
seconded the motion to approve a budget of $15,500 for the
veterans memorial in the Downtown Park.
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.
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November 7, 1989
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(0) CONSIDER ACTION - AWARD CONTRACT - CURBSIDE
RECYCLING
Staff recommended adoption of the following motion: Award
the bid for curbside recycling in residential areas to Waste
Management for $2.15 per month per certified dwelling unit.
After a brief discussion Councilmember Anderson moved and
Councilmember Redepenning seconded the motion to award the
bid to Waste Management for $2.15 per month per certifi d
dwelling unit.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzl, r,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried unanimously.
(p) CONSIDER ACTION - FIRST READING ORDINANCE NO. 89-661
WEED NUISANCE
Staff recommended that the Council approve the following
motion: Move the first reading of Ordinance No. 89-661,
amending Section 820.05 of the Hopkins City Code. This
action will provide the City with a more precise definition
for Weed Nuisances and will bring the Ordinance into
conformance with current practices.
Councilmember Shirley moved and Councilmember Anderson moved
to approve for first reading ordinance No. 89-661.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. Th
motion carried unanimously.
(q) CONSIDER ACTION - FUNDS FOR MONITORING WELLS AT
LANDFILL
Staff recommended adoption of the following motion: Move to
authorize expenditure of City funds for installing two
addition groundwater monitoring wells at the Hopkins
Sanitary landfill and preparing an addendum to the
Investigation and Installation report previously prepared by
Braun Environmental Laboratories, Inc. on May 1, 1989.
After a brief discussion Councilmember Redepenning moved and
Councilmember Kritzler seconded the motion to authorize the
above expenditure.
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November 7, 1989
Page 10
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.
(r) CONSIDER ACTION - FUNDS FOR GAS AND GROUND WATER
MONITORING FELTL COURT
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Staff recommended adoption of the following motion: Move to
authorize expenditure of City funds for an investigation to
determine if specified environmental contaminants ar
present in the ground water or if there is soil gas on th
opus property located at Feltl Court, Hopkins, Minnesota.
Monitoring wells at the Hopkins landfill, as well as
monitoring wells to be installed as part of the
investigation, will be used for sampling. Councilmemb r
Redepenning moved and Councilmember Kritzler seconded the
motion authorize the expenditure.
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.
(s) CONSIDER ACTION - RESOLUTION 89-97 REGARDING FUNDING
OF WEST HENNEPIN HUMAN SERVICES
Staff recommended adoption of the following motion: Mov
that the Hopkins City Council adopt Resolution No. 89-97
supporting continued funding by Hennepin County for West
Hennepin Human Services Planning Board. This action will
put the ci ty of Hopkins on record as supporting continued
funding for West Hennepin Human Services by Hennepin County.
Councilmember Anderson moved and Councilmember Redepenning
second the motion to adopt Resolution No. 89-97.
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.
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November 7, 1989
Page 11
Councilmember Anderson moved and Councilmember Redepenning
seconded the motion to adj ourn The meeting adj ourned by
unanimous consent.
Respectfully submitted,
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Pat Gi borne, Deputy City Clerk