02-07-1989
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A regular meeting of the Hopkins City Council was held on
February 7, 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,
T. Anderson and City Attorney Jerre Miller.
I. CALL TO ORDER
Mayor Milbert called the meeting to order at 7:30 p.m.
II. CONSENT AGENDA
1. APPROVAL OF THE JANUARY 17, 1989 REGULAR MEETING
MINUTES
2. APPROVAL OF THE JANUARY 10, 1989 COUNCIL WORKSHOP
MINUTES
3. APPROVAL OF DISBURSEMENTS, PRELIST 806
4. APPROVAL OF MISCELLANEOUS LICENSES
5. AUTHORIZE TKDA CONTRACT - HOBBY ACRES
6. AWARD BID FOR ASPHALT ROLLER
7. APPROVE CONTRACT WITH METHODIST HOSPITAL - HEALTH
SCREENING
8. APPROVE CONTRACT - VOLUNTEERS OF AMERICA - NUTRITION
CENTER
9. APPROVE APPOINTMENT OF DAVE BANGERTER TO RECREATION
BOARD
10. APPROVE REINSULATION OF PIPES - CITY HALL
Councilmember Shirley asked if "time spent basis" is the
normal type of financial agreement the City makes with TKDA.
Gordon Anderson assured Councilmember Shirley that this is
they way it has been done in the past. Councilmember
Redepenning moved and Councilmember Anderson 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.
III. OLD BUSINESS
(a) BJAR DEVELOPMENT DISCUSSION
(1) Staff recommended approval of the following motion:
Approval of concept for construction of a project at the
southeast corner of County Road #3 & 11th Avenue South and
refer to Zoning and Planning Commission for review.
February 7, 1989
Page 2
Councilmember Shirley questioned the use of a retail store.
He was also concerned about the lease or sale of the
property the City owns. Councilmember Redepenning felt that
this new plan is not very different from the original plan.
Mr. Peterson explained at the present time he is only
planning to have one retail store in the proposed area. This
would be about 5,730 square feet to 7,000 square feet.
Steve Mielke assured the Council they would have the final
say when this comes back to Council for final
approval.Councilmember Kritzler moved and Councilmember
Anderson seconded the motion to approve the concept for
construction of a project at the southeast corner of County
Road #3 and 11th Avenue South and refer to Zoning &
Planning.
A poll of the vote was as follows: Councilmember
Redepenning, Nay; Councilmember Kritzler, Aye; Councilmember
Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert,
Aye. The motion carried.
(2) Staff further recommended approval of the following
motion: Move to authorize transfer of City owned property
to Hopkins Housing & Redevelopment authority (HRA) necessary
to undertake the G.P. BAJR Project and request that the HRA
lease or sell said property to G. P. BAJR Inc. contingent
upon the conditions outlined in the staff report.
Councilmember Anderson moved and Councilmember Kritzler
seconded the motion to approve the authorization of transfer
of City owned property to Hopkins Housing & Redevelopment
authority (HRA) and request that the HRA lease or sell said
property to G.P. BAJR, Inc.
A poll of the vote was as follows: Councilmember
Redepenning, Nay; Councilmember Kritzler, Aye; Councilmember
Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert,
Aye. The motion carried.
(b) CONSIDER ACTION - APAC LEGISLATION
Staff recommended adoption of the following motion: Approve
Resolution 89-12 in support of the creation of a bill which
would require that when a manufactured home park becomes
available for purchase that the owner of that property is
required to provide notification to the president of any
established organization formed by the residents of the park
of the availability of this property at least 30 days prior
to executing any binding purchase agreement for said
property.
February 7, 1989
Page 3
Adoption of this resolution would partially address
notification requirements detailed in the resolution APAC is
requesting the City to adopt. It would however, provide for
a shorter notification period and only require that
notification be provided to an established residents
organization. Furthermore, approval of this resolution
would not require that owners of manufactured home parks
give a resident's cooperative association the first option
to purchase.
The Council was given a revised resolution by the APAC
group. After a great deal of discussion hearing from
members of APAC, MN Manufactures of Mobile Homes and our
City Attorney, Councilmember Redepenning moved and
Councilmember Shirley seconded the motion to adopt the
Resolution presented by APAC. This resolution would give
the Park residents the first right to purchase.
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. NEW BUSINESS
(a) CONSIDER ACTION - LICENSE RENEWAL - OLYMPIC BILLIARDS
Staff recommended this item be continued until the February
21st Council meeting.
Councilmember Anderson moved and Councilmember shirley
seconded the motion to continue this item until the February
21st Council meeting.
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.
(b) CONSIDER ACTION - REZONING 1202 EXCELSIOR AVENUE EAST
LEADENS
Zoning and Planning Recommendation:
recommend approval.
Unanimous vote to
Staff recommended the Council adopt resolution #89-1
approving the rezoning of 1202 Excelsior Avenue East and the
north 13.26 feet of 7 Blake Road South and Ordinance No. 89-
628 for first reading. This motion will make the existing
building conforming while limiting the uses on the site.
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February 7, 1989
Page 4
steve Mielke showed slides showing the need for
improvements to this property. The archi tect for this
project showed the Council the intended plan.
Councilmember Redepenning moved and Councilmember Anderson
seconded the motion to adopt Resolution 89-1 approving the
rezoning of 1202 Excelsior Avenue East and the north 13.26
feet of 7 Blake Road South and Ordinance No. 89-628 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.
(c) CONSIDER ACTION - WAIVER OF PLAT - LEADENS
Staff recommended approval of the following motion: Adopt
Resolution #89-2 approving the Waiver of Plat to divide the
property at #7 Blake Road South.
This action will allow the north 13 feet of 7 Blake Road
South to be combined with 1202 Excelsior Avenue East and the
rest of the property to be combined wi th 11 Blake Road
South.
Councilmember Redepenning moved and Councilmember Anderson
seconded the motion to adopt Resolution #89-2 approving the
waiver of plat to divide the property at #7 Blake Road
South.
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 - VARIANCE - LEADENS
Zoning and Planning Recommendation: Voted 4-2 to deny the
variance.
Staff recommended that Council adopt Resolution # 89-3
denying the variance. The denial of these variances will
not allow the applicant to construct the addition as
proposed.
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Councilmember Redepenning and Councilmember Anderson both
felt that a hardship was present due to the unusual shape of
the lot. After discussion Councilmember Redepenning moved
and Councilmember Anderson seconded the motion to adopt
Resolution #89-3 approving the variance.
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February 7, 1989
Page 5
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 - CONDITIONAL USE PERMIT - EDCO
Staff recommended that Council adopt Resolution #89-8
approving Conditional Use Permit CUP 89-1 to allow
construction of an 18,710 square foot building for warehouse
and light manufacturing of metal building products at 41
Tyler Avenue North. The Zoning and Planning Commission
unanimously voted to recommend approval.
Councilmember Redepenning moved and Councilmember Anderson
seconded the motion to adopt Resolution #89-8 approving the
CUP 89-1 to allow construction of an 18,710 square foot
building for warehouse and light manufacturing of metal
building products at 41 Tyler Avenue North.
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 - OAKRIDGE FENCE
Staff recommended that Council move to continue this item.
Councilmember Shirley moved and Councilmember Kritzler
seconded the motion to continue this item until a later
date.
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 - EAST END BOTTLE HOUSE - LIQUOR
VIOLATION
Staff recommended that Council move that the East End Bottle
House off-sale liquor license be suspended for three (3)
days beginning February 8, 1989. Mr. Rapp assured the
Council that he had met with the owner several times and
this suspension is acceptable to the owner.
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February 7, 1989
Page 6
Councilmember Anderson moved and Councilmember Shirley
seconded the motion to suspend the off-sale liquor license
of the East End Bottle House for three days beginning
February 8, 1989.
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.
(h) CONSIDER ACTION - AUTHORIZATION OF PROFESSIONAL
SERVICES
Staff recommended that Council authorize the Mayor and city
Manager to sign an agreement with Bonestroo, Rosene,
Anderlik and Associates for professional services on the
feasibility study for a pavilion/ice arena at Central Park.
Jon Thiel informed Council that this Company has the best
experience in providing this service. Councilmember Shirley
moved and Councilmember Kritzler seconded the motion to
authorize the Mayor and City Manager to sign an agreement
with Bonestroo, Rosene, Anderlik and Associates for
professional services on the feasibility study for a
pavilion/ice arena at Central Park.
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 - RECYCLING RESOLUTION
Staff recommended adoption of Resolution 89-14 "Affirming
the City of Hopkins' Commitment to increase the Percentage
of Source-Separated Recycling."
Councilmember shirley moved and Councilmember Kritzler
seconded the motion to adopt Resolution 89-14.
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.
(j) CONSIDER ACTION - RESOLUTION RE: LIQUOR LICENSE
ISSUES
The Hopkins Chemical Health Commission recommended the
approval of Resolution #89-11 be adopted amending general
policies in regarding liquor license issues. The adoption
of the resolution would facilitate the procedure for dealing
with liquor license violations.
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February 7, 1989
Page 7
Councilmember Kritzler moved and Councilmember Shirley
seconded the motion to adopt Resolution #89-11 amending the
general policies in regard to liquor license issues.
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 - MONITORING WELLS - LANDFILL
Staff recommended that the Council move that the low bid of
North Star Drilling Company of Little Falls, MN in the
amount of $46,968 be accepted.
After discussion Councilmember Kritzler moved and
Councilmember Shirley seconded the motion to award the Bid
to North Star Drill Company of Little Falls, MN in the
amount of $46,968.
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 - ADDITIONAL BUILDING INSPECTOR
Staff recommended that Council authorize the addition of one
building inspector position. Steve Mielke and Tom Anderson
explained to Council the need for an additional inspector.
with the increased activity in building in Hopkins it is
almost impossible to keep up on the housing and apartment
inspections that are needed.
Councilmember Anderson moved and Councilmember Kritzler
seconded the motion to authorize the addition of one more
building inspector position.
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.
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February 7, 1989
Page 8
(m) CONSIDER ACTION - JOINING HENNEPIN COUNTY ECONOMIC
DEVELOPMENT CONSORTIUM
Staff recommended adoption of the following motion: The
City adopt Resolution 89-13 for the purpose of joining the
Hennepin County Economic Development Consortium. The
adoption of the resolution commits the City to joining this
organization for a period of one year. The group is working
to foster economic growth and to increase the number of
quality jobs for all Hennepin County residents. By joining
the group for the balance of 1989 it gives the city time to
evaluate the consortium and make a decision about joining in
1990. There is no cost involved for 1989.
Councilmember Shirley moved and Councilmember Redepenning
seconded the motion to adopt Resolution #89-13 and join the
Hennepin County Economic Development Consortium for 1989.
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.
(n) CONSIDER ACTION - 10TH AVENUE HANDICAP PARKING
Staff recommended removal of the handicap sign and space in
the angle parking area on the corner of 10th and Mainstreet.
Adoption of this motion will eliminate all confusion about
the signage of this space.
After discussion Councilmember Anderson moved and
Councilmember Redepenning seconded the motion to remove the
handicap sign and space in the angle parking area on the
corner of 10th and Mainstreet.
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. REPORTS - COMMITTEES/COMMISSIONS
Councilmember Redepenning reported that John Hutchinson is
the new President of the Park and Recreation Commission. He
said that everything is proceeding and they are now working
on the new picnic pavilion/ice arena.
Councilmember Kritzler informed Council that the Chemical
Health Commission is now working on a covenant for off-sale
liquor establishments.
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February 7, 1989
Page 9
VII. ADJOURNMENT
Councilmember Redepenning moved and Councilmember Shirley
seconded the motion to adjourn. The meeting was adjourned
by unanimous consent.
Respectfully submitted,
Y2t -IJ~
Pat Gisborne, Deputy city Clerk
Councilmembers:
ATTEST
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