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04-04-1989 I' J( \. A regular meeting of the Hopkins City council was held on April 4, 1989 in the Council Chambers of Hopkins City Hall. Present were Mayor Milbert, Councilmembers Anderson, Shirley, Kritzler, and Redepenning. Also present were City Staff Rapp, Mielke, Genellie, Kerrigan, G. Anderson, Thiel and City Attorney Jerre Miller. I . CALL TO ORDER Mayor Milbert called the meeting to order at 7:30 p.m. II. PROCLAMATION (a) Mayor Milbert proclaimed the year of 1989 as the "Year of the Young Reader". Councilmember Kritzler informed the Council that next week from April 9th to April 15th is National Library Week. He introduced Peggy Bauer to the Council. She is a new member of the Hopkins Library in charge of the Childrens section. Councilmember Kritzler also presented Council with pins celebrating the year of the young reader. (2) Mayor Milbert proclaimed the week of April 9th through 15th as the week of Volunteer Recognition. III. CONSENT AGENDA 1. APPROVAL OF THE MARCH 21, 1989 REGULAR MEETING MINUTES 2. APPROVAL OF DISBURSEMENTS, PRELIST 810 3. APPROVAL OF MISCELLANEOUS LICENSES 4. APPROVE AGREEMENT WITH SOO LINE RAILROAD 5. APPROVE AGREEMENT WITH CHICAGO NORTHWESTERN RR. Councilmember Anderson moved and Councilmember shirley seconded the motion to approve the Consent Agenda. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. IV. OLD BUSINESS (a) CONSIDER ACTION - SECOND READING OF ORDINANCE 89-630 Staff recommended that the following motion: Move that the Hopkins city Council approve Ordinance #89-630 for second reading and order published. \ April 4, 1989 Page 2 This action will amend section 1305 of the Hopkins city Code in regard to city snow plowing regulations. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to adopt Ordinance #89-630 for second reading and order published. A poll of the vote was as follows: Councilmember Redepenning Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. V. NEW BUSINESS (a) CONSIDER ACTION - RESOLUTION 89-5 - MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR ZONING AMENDMENT SUPER VALUe Staff recommended that the City Council approve Resolution No. 89-5. This motion will allow automatic changing signs in the B-3 and Industrial districts. Time/Temperature signs will be allowed in the B-2 district. After discussion Councilmember Anderson Councilmember Redepenning seconded the motion Resolution 89-5 allowing changing signs in Industrial districts and B-2 district. moved and to approve the B-3, A poll of the vote was follows: Councilmember Redepenning Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (b) CONSIDER ACTION - FIRST READING OF ORDINANCE 89-631 Staff recommended that Council approve for first reading Ordinance 89-631 amending the zoning to include automatic changing signs in the B-2 district. Councilmember Redepenning moved and Councilmember Kritzler second the motion to adopt Ordinance 89-631 and approve for first reading. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. ~ April 4, 1989 Page 4 A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (f) CONSIDER ACTION - FIRST READING OF ORDINANCE 89-632 REPEALING SECTION 330 OF THE HOPKINS CITY CODE - RE HEALTH OFFICER Staff recommended that the Council approve the following motion: Move the first reading of Ordinance No. 89-632 repealing section 330 of the Hopkins City Code. This action would remove the requirement to hire a City health officer. Jim Genellie explained to Council that this ordinance requiring a Health Officer has become obsolete as Hennepin County now takes care of health problems should something of this nature occur. Councilmember Shirley moved and Councilmember Anderson seconded the motion to adopt Ordinance 89-632 for first reading. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember ANderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (g) CONSIDER ACTION - AMENDING SHADE TREE DISEASE CONTROL ORDINANCE Staff recommended that Council approve the following motion: Move the first reading of Ordinance No. 89-634 amending section 935 of the Hopkins City Code. This action will bring the City's Shade Tree Disease Control ordinance into conformance with current practices. Councilmember Shirley moved and Councilmember Anderson seconded the motion to adopt Ordinance No. 89-634 amending section 935 of the Hopkins City Code. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. \ April 4, 1989 Page 3 (c) CONSIDER ACTION - REQUEST FOR VACATION OF EASEMENTS - FORMER RED OWL PROPERTY staff recommended the following action: Move that the Mayor and City Manager be authorized to sign a quite claim deed for easements not needed on the former Red Owl property. This action would vacate easements retained when the streets and alley were vacated. Gordon Anderson assured Council that the easements were no longer needed or used. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to have the Mayor and City Manager sign a quit claim deed for easement on the former Red Owl property. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (d) CONSIDER ACTION - OFF SALE LIQUOR LICENSE FOR RILEY'S HOPKINS LIQUOR STORE Staff recommended approval of a liquor license for Riley'S Hopkins Liquor Store. Mrs. Riley is involved in the relocation process. Her liquor store was located at 11 9th Avenue South. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to approve the Liquor License for Riley'S Hopkins Liquor Store. A poll of the vote was as follows: Councilmember Redepenning Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye The motion carried unanimously. (e) CONSIDER ACTION - 10TH AVENUE SOUTH PARKING Staff recommended adoption of the following motion: Move that the parking spaces located on 10th Avenue South, from the alley north to Mainstreet, be re-signed for no parking 2 a.m. - 5 a.m. After discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to resign the parking spaces located on 10th Avenue South from the alley north to Mainstreet. ., April 4, 1989 Page 5 (h) CONSIDER ACTION - FIRST READING ORDINANCE NO. 89-633 AMENDING GARBAGE , RUBBISH AND LITTER ORDINANCE. staff recommended adopt Ordinance 89-633 for first reading. Updating this ordinance will and bring it into conformance with the City's current solid waste program. The new ordinance will include new solid waste definitions, delete portions which are no longer relevant, reorganize the ordinance and establish that charges for solid waste collection be set by Council Resolution. Jon Thiel was present at the Council meeting to answer any questions the Council might have. Councilmember Kritzler moved and Councilmember Shirley seconded the motion to adopt Ordinance No 89-633 for first reading. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (i) CONSIDER ACTION - AWARD OF CONTRACT - 6TH AVENUE STORM SEWER Staff recommended that Council accept the lowest bid of Widmer, Inc. for $l, 474,468.30. Adoption o'f this motion will award the contract for the 6th Avenue Storm Sewer. This sewer addresses the flooding on 6th Avenue at 1st Street North and at 2nd Street South. Storm water will be discharged into Nine Mile Creek. This bid was $355,532 lower than the Engineer'S estimate. Councilmember Redepenning was concerned over the costs and the City's ability to pay for the necessary repairs. Mr. Rapp informed Council about adding the costs to the Utility bills under storm sewer improvements. The billing would be assessed in a fair manner to all the affected parties. After discussion Councilmember Redepenning moved and Councilmember Shirley seconded the motion to accept the bid of Widmer, Inc. for $1,474,468,30. A poll of the Council was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. ~ April 4, 1989 Page 6 (j) CONSIDER ACTION - AWARD OF CONTRACT - HOBBY ACRES STORM SEWER Staff recommended that Council accept the low bid of S. M. Hentges & Sons for $402,872.70. The low prices reflect an early spring bidding. This company successfully completed a large contract for the City last year. After a brief discussion Councilmember Anderson moved and Councilmember Redepenning seconded the motion to accept the bid of S. M. Hentges & Sons for $402,872.70. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (k) CONSIDER ACTION - APPOINTMENT TO SUBURBAN RATE AUTHORITY Staff recommended that Council approve the following motion: Move that the Hopkins City Council adopt Resolution #89-26 designating the Director and Alternate Director to the Suburban Rate Authority. Adoption of this resolution will designate Mayor Donald Milbert as Director and Gordon Anderson as Alternate Director for the year 1989. Councilmember Anderson moved and Councilmember seconded the motion to appoint Mayor Don Milbert as and Gordon Anderson as Alternate Director to the Rate Authority for the year 1989. Shirley Director Suburban A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (I) CONSIDER ACTION - CHANGE DATE FOR MAY 16 MEETING Staff recommends Changing the Council meeting to Wednesday May 17 due to the City Election which will be held on May 16. After a brief discussion Councilmember Redepenning moved and Councilmember Shirley seconded the motion to have the Council meeting on May 17 at 8:00 p.m. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Ay. Th motion carried unanimously. " April 4, 1989 Page 7 (m) DISCUSSION - JACKSON AVENUE STORM SEWER Gordon Anderson showed the Council a drawing of a holding pond created by RCM. This would hold the water for a 25 year storm and dissipate in 34 hours to a dry pond. They are still negotiating with the School District and have shown them this drawing. Staff is accepting proposals from Landscape Architects for designing the holding pond. VI. REPORTS - COMMITTEES/COMMISSIONS Councilmember Kritzler reported that the Chemical Health Commission had met Monday night and that they are working on a proposal to the Council concerning drug abuse in the City of Hopkins. VII. ADJOURNMENT Councilmember Redepenning moved and councilmember shirley seconded the motion to adjourn. The meeting was adjourned by unanimous consent. Respectfully submitted, IdJ~ Pat Gisborne, Gf:: Donald J. \, . . t C I T Y o F HOPKINS PROCLAMATION WHEREAS, Volunteers in the City of Hopkins make a substantial contribution to the quality of life here. WHEREAS, People helping people is a way of life in our state, and WHEREAS, V olunteerism is ageless, giving retirees the opportunity to use their vast experience to help others, and WHEREAS, Volunteering is a way to help others and to reap the rewards of personal accomplishment, and WHEREAS, Recognition should be given to individual volunteers involved in all kinds of volunteer activity. NOW THEREFORE, I, Donald J. Milbert, Mayor of the City of Hopkins do hereby proclaim April 9 - 15, 1989 to be VOLUNTEER RECOGNITION WEEK in the City of Hopkins. qd~i2~ 1010 First Street South, Hopkins, Minnesota 55343 612/935-8474 An Equal Opportunity Employer