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10-17-1989 c. ....., .. A regular meeting of the Hopkins City Council was held on October 17, 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 Rapp, Genellie, N. Anderson, Thiel, Gessele, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Berg called the meeting to order at 7:30 p.m. II. PROCLAMATION Mayor Berg read Resolution #89-96 expressing appreciation for the fine service to the community and great leadership provided by Craig Rapp during his time as City Manager of Hopkins. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to adopt Resolution #89-96. 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. CONSENT AGENDA 1. APPROVAL OF THE OCTOBER 3, 1989 REGULAR MEETING MINUTES 2. APPROVAL OF THE OCTOBER 6, 1989 SPECIAL COUNCIL MEETING MINUTES 3. APPROVAL OF DISBURSEMENTS, PRELIST 823 4. APPROVAL OF MISCELLANEOUS LICENSES 5. APPROVAL OF ELECTION JUDGES FOR NOVEMBER 7 ELECTION 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. IV. OLD BUSINESS .. October 17, 1989 Page 2 (a) CONSIDER ACTION - SECOND READING INTERIM USE ORDINANCE Staff recommended approval of the following motion: adopt Resolution No. #89-85 approving Ordinance regarding interim uses in the City. Move to #89-656 Nancy Anderson appeared before Council to answer any questions that the Council might have. After a brief discussion Councilmember Shirley moved and Councilmember Redepenning seconded the motion to adopt Resolution #89-85 approving Ordinance #89-656 for second reading and order published. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kri tzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. (b) CONSIDER ACTION - CONDITIONAL USE PERMIT - FENCE Staff recommended the following motion: Move to adopt Resolution #89-82 denying the conditional use permit to allow a 5 foot fence in the front and side yards at 124 10th Avenue North. Tim Lewis appeared before Council to offer a compromise. He agreed to move the fence to the first part of the house but would not agree to move it back to the addition. Several neighbors appeared stating that they would not compromise unless it was moved back to the addition. After a great deal of discussion and deliberation Councilmember Anderson moved and Councilmember Redepenning seconded the motion to adopt Resolution #89-82 denying the CUP to allow a five foot fence in the front and side yards and gave Mr. Lewis 30 days to lower the fence by one foot. Four foot fences are allowed. 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. NEW BUSINESS (a) CONSIDER ACTION - ADOPT COMPREHENSIVE PLAN . . October 17, 1989 Page 3 staff recommended approval of the following motion: Move to adopt Resolution # 89-90 approving the Comprehensive Plan contingent upon Metropolitan Council review. Approval of this resolution would allow the Comprehensive Plan to be submitted to the Metropolitan Council for their review. Councilmember Shirley moved and Councilmember Anderson seconded the motion to adopt Resolution #89-90 approving the Comprehensive Plan contingent upon Metropolitan Councit review. 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 - ADOPT STORM WATER UTILITY POLICY Staff recommended adoption of the following motion: Approve Policy #7-H establishing guidelines and procedures for the review of credits and/or adjustments of municipal storm water drainage fees. There may be situations where the actual storm water contributions from a given parcel are substantially different from those anticipated by the storm drainage fee structure. Guidelines and procedures are necessary in such instances for the City to make adjustments or credits. The recommended policy would establish such guidelines and procedures. Jim Gessele explained the need for the City to have a policy in dealing with possible claims or adjustments. After a brief discussion Councilmember Anderson moved and Councilmember Redepenning seconded the motion to approve Policy #7 - H establishing guidelines and procedures for the review of credits and/or adjustments of municipal storm water drainage fees. 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. October 17, 1989 Page 4 (c) CONSIDER ACTION - RECYCLER CONTAINER BIDS Staff recommended that the Council approve the following motion: Award the contract to provide the City of Hopkins with 3,200 Recycling containers to Rehrig Pacific Company for $17,056. This action would allow the staff to purchase and supply recycling containers for residents who are currently served by the Curbside/Alleyway Recycling program. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to approve the bid of Rehrig Pacific Company for $17,056 for 3,200 recycling containers. 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 - APPROVE COUNCIL ROOM AUDIO VISUAL PROPOSAL Staff recommended adoption of the following motion: award an audio/visual improvement contract to Communications Group in the amount of $149,254. Approval of this motion would allow for the purchase and installation of audio/visual equipment to be used in the Council Chambers and lobby areas of Hopkins City Hall. Jim Genellie informed Council that this bid came in under the budgeted amount. Move to Vaughn After a brief discussion Councilmember Anderson moved and Councilmember Redepenning seconded the motion to award the contract to Vaughn Communications Group in the amount of $149,254. 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 unaimously. October 17, 1989 Page 5 (e) CONSIDER ACTION - 1ST READING ORDINANCE REGARDING SALE OF BEER Staff recommended that the Council approve the following motion: Move for first reading of Ordinance No. 89-659 amending section 1200 of the Hopkins City Code allowing sale of strong beer to restaurants which have a wine and 3.2 beer license. This action would allow establishments whose gross receipts are at least 60% attributable to food, and which are licensed to sell wine and on-sale 3.2 beer, to also sell strong beer without needing an additional license. Minnesota Statute 340A. 404, Subd. 5b allows the governing body of a municipality to authorize, by ordinance, the holder of an on-sale wine license and an on-sale non- intoxicating malt liquor (3.2 beer) , to also sell intoxicating malt liquor (strong beer) without any additional license. Ed Hanlon, the owner of the Boston Subway, has requested that the City pass such an ordinance. Councilmember Kritzler wanted the Chemical Health Commission to review the ordinance change before the second reading. Mr. Rapp requested that the Council give the employees some sort of guide lines on what should go before the Chemical Health Commission. After a brief discussion Councilmember Kritzler moved and Councilmember Redepenning seconded the motion to approve for first reading Ordinance # 89-659. 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 - APPOINT ACTING CITY MANAGER Staff recommended adoption of the following motion: Move that the Hopkins City Council appoint James A. Genellie as Acting City Manager beginning October 19, 1989 and ending when a new City Manager takes office. This action will officially appoint the Assistant Manager as Acting City Manager This action will authorize a temporary increase in salary for the Acting Manager. City also City >. Octob r 17, 1989 Page 6 Councilmember Anderson moved and Councilmember Redepenning seconded the motion to appoint Jim Genellie as Acting City Manager beginning October 19, 1989 with the pay adjustment beginning the same day. 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. REPORTS - COMMITTEES/COMMISSIONS Mayor Berg reported that the Fire Department Open House was a big success. He also reported that insurance rates have been lowered in the City of Hopkins due to the outstanding performance of the Fire Department. Mayor Berg also announced there would be a special meeting on October 24, 1989 at 7:00 p.m. to select a Search Firm for the selection of a new City Manager. Three Firms have submitted bids and will be heard on that date. Each firm has been asked to make a 30 minute presentation. The APAC Steering Committee has also sent a thank you to the City. Councilmember Kritzler said that he had attended a Cable Commission meeting. He said that most of the discussion was about goals and objectives, also that the Cable Company has agreed to fund a newscast from the cities involved. This could be very exciting as this would give the individual cities an opportunity to promote their City. Councilmember Shirley announced that the scheduled LRT meeting has been postponed until November. Councilmember shirley attended a meeting concerning the homelessness of students. He would keep the Council informed and updated on this issue. ~ .. . October 17, 1989 Page 7 VIII. ADJOURNMENT Councilmember Redepenning moved and Councilmember Anderson seconded the motion to adj ourn. The meeting adj ourned by unanimous consent. Respectfully submitted, -4 ~4-/.~'-'" . Pat Gis orne, Deputy City Clerk