10-03-1989
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A regular meeting of the Hopkins City Council was held on
October 3, 1989 in the Council Chambers of Hopkins City
Hall.
Present were Mayor Berg, Councilmembers Anderson, Shirley,
Kritzler. Also present were City staff Rapp, Mielke,
Genellie, N. Anderson and City Attorney Jerre Miller.
I. CALL TO ORDER
Mayor Berg called the meeting to order at 7:30 p.m.
II. SPECIAL ORDER OF BUSINESS
(a) COMMENDATION - JERRY OPHOVEN AND DAVE HAFERMANN
Chief Johnson commended Dave Hafermann and Jerry Ophoven for
their outstanding dedication in the investigation of the
Jacqualine Weber homicide which has resulted in charges
being brought against Mrs. Weber's husband. Mayor Berg
presented a letter of commendation signed by Chief Johnson,
and thanked the men on behalf of the Council and residents
of the City of Hopkins.
III. CONSENT AGENDA
(1) APPROVAL OF THE SEPTEMBER 19, 1989 REGULAR MEETING
MINUTES
(2) APPROVAL OF THE SEPTEMBER 22, 1989 SPECIAL COUNCIL
MEETING MINUTES
(3) APPROVAL OF DISBURSEMENTS, PRELIST 822
(4) APPROVAL OF MISCELLANEOUS LICENSE
(5) APPROVAL OF DESIGNATION OF FIRE LANES FOR PLANTATION
APARTMENTS
(6) APPROVAL OF APPOINTMENTS TO THE CIVIL SERVICE
COMMISSION (Harry Smith and Ellen Lavin)
(7) APPROVAL OF ADDING STUDENT POSITION ON CHEMICAL
HEALTH COMMISSION
Mayor Berg stated that he had been in touch with the school
and two names had been submitted for the Chemical Health
Commission. He would like to have their names included on
the Consent Agenda. He would like to appoint Erin McDonald
and Reneta Britenbach to the student positions on the
Chemical Health Commission. Councilmember Anderson moved and
Councilmember Shirley seconded the motion to approve the
Consent Agenda including the two names on Item #7.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Mayor Berg, Aye. The motion carried unanimously.
October 3, 1989
Page 2
IV. PUBLIC HEARING
Mayor Berg opened the public hearing at 7:47 p.m.
William Weber of BWR presented the Council with the
Comprehensive plan. Nancy Anderson touched on each of the
outlines submitted by BWR.
Terrance Schroeder, a resident of the pines and member of
APAC, appeared before Council to request that Council should
not consider making the pines a commercial zone. He stated
that Churches and other organizations are behind the pines
group to improve and maintain the park as a residential
zone.
Woody Woodrich a resident of the neighborhood said the word
commercial should be struck from the proposal. He felt that
the pines should remain residential.
Darlene Nelson a neighbor of the pines stated that she hoped
to see the property remain residential. It was originally
zoned residential and should not be changed.
Councilmember Anderson would like to see it remain
residential because it allows affordable housing for the
residents. Councilmember Shirley said he agrees with
Councilmember Anderson. Councilmember Kritzler stated that
he too had made a commitment to the residents to preserve
the pines and their homes. Mayor Berg would like to consider
all sides and discuss this more at a work session.
The Mayor also stated he wanted to address the overall
housing goals in detail. He wanted to spend more time on
that issue and review the language in the Comprehensive
Plan.
Councilmember Anderson moved and Councilmember Kritzler
seconded the motion that the Public Hearing be closed at
8:08 p.m.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Aye; Mayor Berg, Aye. The motion carried unanimously.
Councilmember Kritzler
seconded the motion to
Commission and the City
under advisement.
moved and Councilmember Anderson
accept the report of the Planning
Staff and take the recommendations
October 3, 1989
Page 3
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember shirley, Aye; Councilmember Kritzler,
Aye; Mayor Berg, Aye. The motion carried unanimously.
V. OLD BUSINESS
(a) CONSIDER ACTION - SECOND READING OF RENTAL
REGISTRATION ORDINANCE
Staff recommended the following motion: Move the second
reading of Ordinance #69-657. An Ordinance amending section
405 of the Hopkins Code, making miscellaneous changes to the
Rental Registration sections of the Housing Code. Adoption
of this ordinance would change the date Annual Registration
is due and make other minor housekeeping changes.
Councilmember Shirley moved and Councilmember Kritzler
seconded the motion to adopt Ordinance #69-657 for second
reading and order published.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Kritzler, Aye; Councilmember Shirley,
Aye; Mayor Berg, Aye. The motion carried unanimously.
(b) CONSIDER ACTION - AMUSEMENT DEVICE ORDINANCE
Staff recommended that Council reconsider Ordinance #89-639
limiting amusement devices as an accessory use in the B-1
and B-2 districts. This is the second reading of this
ordinance.
After discussion Councilmember
Councilmember Kritzler seconded the
action on Ordinance #89-639.
shirley moved and
motion to reconsider
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember shirley, Aye; Councilmember Kritzler,
Aye; Mayor Berg, Aye. The motion carried unanimously
Councilmember Anderson moved and Councilmember Shirley
seconded the motion to adopt Ordinance #89-639 limiting the
number of amusement devices in The B-1 and B-2 districts for
second reading and order published.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Mayor Berg, Aye. The motion carried unanimously.
October 3, 1989
Page 4
VI. 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 324 10th
Avenue North.
Adoption of this motion would prohibit the existing 5 foot
fence in the front and side yards. The Zoning & Planning
Commission unanimously denied the Conditional use permit to
allow a five foot fence in the front side yard.
Tim Lewis appeared before to Council to request permission
to keep his fence. He stated that he erected the fence to
keep his children and his dogs in his yard.
John A. Lutter appeared before Council to explain that he
was a neighbor of Mr. Lewis and that the fence did not
belong in the neighborhood as it presently stands. He
stated that if it was moved back to meet the house he would
have no objections.
John Hersman, another neighbor, stated that the fence at the
present time is an eyesore in the neighborhood. He said it
was offensive looking as it presently stands but that he
would also have no objections if the fence was set back to
the house.
After a great deal of discussion Councilmember Anderson
moved and Councilmember Kritzler seconded the motion to
continue this item until the next Council meeting on October
17, 1989 to allow the Council to look at this fence and come
up with alternate suggestions.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Mayor Berg, Aye. The motion carried unanimously.
(b) CONSIDER ACTION - AWARD BIDS - CITY HALL REMODELING
Staff recommended adoption of the following motion: Move to
approve bids in the amount of $705,969 and authorize the
Mayor and Ci ty Manager to enter into contracts wi th the
approved sub-contractors.
Adoption of this motion would authorize contracts to be
signed which will allow the City to begin the City Hall,
Upper Level Addition and Renovations Project.
October 3, 1989
Page 5
After discussion concerning where the additional funds
would be coming from Councilmember Anderson moved and
Councilmember Shirley seconded the motion to adopt the
motion to approve the bids for the renovation of the upper
level of Hopkins City hall.
Mr. Redepenning arrived at 9:00 p.m.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kri tzler,
Aye; Councilmember Redepenning, Abstain; Mayor Berg, Aye.
The motion carried.
(c) CONSIDER ACTION - FIRST READING - INTERIM
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
Adoption of this resolution would allow the City to put a
time table on when a particular use will cease. An interim
use would be processed similar to a conditional use permit.
Councilmember Anderson moved and Councilmember Shirley
seconded the motion to adopt Resolution #89-85 approving
interim use and for first reading of Ordinance #89-656.
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.
(d) AUTHORIZE CHECK SIGNERS
Staff recommended adoption of the following motions: Move
that Resolutions #89-87 and #89-88 designating Authorized
signers at Norwest Bank, MN, N.A. - MetroWest Office, and
designating authorized signers on the Payroll Account at the
First Bank Hopkins be adopted. The departure of the City
Manager necessitates a change in the list of designated
signers for certain bank accounts.
Councilmember Shirley moved and Councilmember Redepenning
seconded the motion to adopt Resolution #89-87 and
Resolution #89-88 approving the signers on a checking
account at the Norwest Bank Minnesota, N.A.- MetroWest
Office and the payroll account at First Bank Hopkins and
allow checks under $5,000 to have one signee.
October 3, 1989
Page 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.
(e) SET CITY COUNCIL MEETINGS AND TIMES
Staff recommended that a special meeting be held on October
24, 1989 at 7:00 p.m. to select city manager search firms.
Councilmember Shirley moved and Councilmember Redepenning
seconded the motion to approve the special meeting on
October 24, 1989 at 7:00 p.m. and that the meeting time for
the regular Council meeting be changed from 7:30 p.m. until
8:00 p.m. on November 7, 1989.
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 - CHANGE REFERENDUM BOND ISSUE
AMOUNT
Staff recommended that Council change the Park referendum
amount from $2.5 million to $2.75 million.
After discussion Councilmember Redepenning
Councilmember Shirley seconded the motion to
Referendum Bond Issue amount to $475 million.
moved and
change the
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.
VIII.
REPORTS - COMMITTEES/COMMISSIONS
Councilmember Kritzler reported on the Chemical Health
Commission meeting and the outstanding job Jan Smaby did in
*explaining her position with the State. She also gave
recognition to the Chemical Health Commission.
Jim Genellie reported that the next Council meeting would be
held in the Raspberry Room on the lower level. He said it
would be set up for the Council meetings. He also informed
the Council that the temporary new telephone number for City
Hall is 933-5012.
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October 3, 1989
Page 7
XI. ADJOURNMENT
Councilmember Anderson moved and Councilmember Redepenning
seconded the motion to adjourn. The meeting was adjourned
by unanimous consent.
Respectfully submitted,
p&s~~ty city
Clerk
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HOPKINS, MINNESOTA
MINUTES OF THE SPECIAL COUNCIL MEETING OF
SEPTEMBER 22, 1989, 9:30 A. M.
A special council meeting was held on Friday, September 22,
1989 in the Council Chambers of Hopkins City Hall.
Present were Mayor Nelson W. Berg, Councilmembers; Chuck
Kritzler and Jim shirley. Councilmembers Robert Anderson
and Chuck Redepenning were absent. Also present were City
staff members: Craig R. Rapp and Jim Kerrigan.
I. Mayor Berg called the meeting to order at 9:30 a.m.
II. Councilmember Shirley moved and Councilmember Kritzler
seconded the motion to approve a contract with Park
Construction Company in the amount of $285,620. The
motion carried by a 3 - 0 vote.
III. Councilmember Shirley moved and Councilmember Kritzler
seconded the motion to approve a purchase agreement
with the Hopkins School District to purchase property
at Harley Hopkins Family Center and redevelop certain
portions of the property, subject to final legal
language approved by attorneys.
The motion carried by a 3 - 0 vote.
The meeting adjourned at 9:52 a.m.
COUNCILMEMBERS: