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08-02-1988 o A regular meeting of the Hopkins City council was held on August 2, 1988 in the council Chambers of Hopkins City Hall. Present were Mayor Milbert, Councilmembers Anderson, Kritzler, Shirley, and Redepenning. Also present were City staff members Rapp, Mielke, Genellie, Anderson, Kerrigan and city Attorney Jerre Miller. I . CALL TO ORDER: Mayor Milbert called the meeting to order at 7:30 p.m. II. PROCLAMATION c a. Mayor Milbert read a proclamation that the Mayor and City Council of Hopkins will support the united Way I s Hopkins Community Campaign on September 15, 1988 and encourage local businesses and their employees to participate in thi.s event. b. Mayor Milbert declared the week of August 1 - 7 NATIONAL CLOWN WEEK in the City of Hopkins. III. CONSENT AGENDA 1. APPROVAL OF THE JULY 19, 1988 REGULAR MEETING MINUTES 2. APPROVAL OF THE MINUTES OF THE JULY 12TH COUNCIL WORKSESSION 3. APPROVAL OF DISBURSEMENTS, PRELIST #794 4. APPROVAL OF MISCELLANEOUS LICENSES 5. APPROVAL OF PAYMENT FOR BURNES PARK SPRINKLER SYSTEM 6. CONDITIONAL USE PERMIT EXTENSION - SUPER VALU 7. APPROVAL OF GAMBLING LICENSE RENEWAL - RASPBERRY FESTIVAL 8. APPROVAL OF GAMBLING LICENSE RENEWAL - ST. JOSEPH'S CHURCH Councilmember Shirley moved and Councilmember Redepenning seconded the motion to approve the Consent Agenda. o Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. IV. PUBLIC HEARINGS a. PARKING RAMP ASSESSMENTS Staff recommended that the Council adopt Resolution No. 88- 71 ordering improvements. This action will continue the process of assessing part of the costs for the parking ramp as per agreement with Lexington Development Company August 2, 1988 Page 2 o o o . Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to adopt Resolution No. 88-71 ordering improvements. Counci1member Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. b. CBD Redevelopment & TIF plan Revision (9th Ave. Tap) Staff recommended approval of resolution #88-69 approving Modification #5 to the CBD Tax Increment District (North Sector Project). Approval of this resolution will allow the HRA to consider undertaking acquisition of the property at 9 9th Avenue South with Tax Increment Funds. During discussion it was suggested by Mr. Rapp that instead of the wording using "resurfacing for parking" that it be changed to "temporary site improvements". Councilmember Redepenning moved andCouncilmember Kritzler seconded the motion to approve resolution #88-69. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. V. OLD BUSINESS a. CONSIDER ACTION - RECONSIDER ACTION KNOLLWOOD POND MAINTENANCE Councilmember Shirley asked for reconsideration of the Action taken by the Council at the last Council meeting. Councilmember Shirley moved and Councilmember Anderson seconded the motion to reconsider the action taken by the council at the last council meeting. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. Councilmember Shirley said that after the last meeting he had misgivings about the action and called Larry Shiller about this. Bruce Golstein appeared before Council to appeal to the Council not to change their minds about keeping up the park. He stated that Mr. Shiller was enroute back to the Cities but had not yet arrived. He would appreciate it if the Council would delay any action until the residents of Knollwood could be informed and Mr. Shiller could be present. August 2, 1988 Page 3 o o o Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to delay action on this issue until September 6th. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. b, CONSIDER ACTION - CONDITIONAL USE PERMIT - R. L. JOHNSON Staff recommended approval of Resolution #88-43 granting the Conditional Use Permit for the R. L. Johnson development project on the corner of 11th Avenue and County Road #3. Steve Mielke informed the Council of the staff findings and recommended approval wi th condi tions. Several business people appeared before Council to discuss this issue. After discussion Councilmember Shirley moved and Councilmember Redepenning seconded the motion to continue this item for sixty days allowing more time to look into other possibilities. CouncilmemberRedepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. VI. CONSIDER ACTION - VARIANCE REQUEST - ONE FOOT SIDE YARD Staff recommended that Resolution 88-66 be denied for a one foot sideyard variance. (a) Councilmember Anderson moved and Councilmember Redepenning seconded the motion to approve Resolution 88-66 for a one foot sideyard variance requested by Mr. Smoots the applicant. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (b) CONSIDER ACTION - CONDITIONAL USE PERMIT - SUPER VALU Staff recommended that a CUP to construct a 27,545 sq. foot refrigerated addition be approved by Resolution 88-67. Mr. Ostberg appeared before council with sketches of the proposed project. After a brief discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to approve Resolution 88-67 for a CUP to Super Va1u. August 2, 1988 Page 4 o o o Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (c) CONSIDER ACTION - FIRST READING OF SWIMMING POOL ORDINANCE staff recommended approval of the first reading of the swimming pool ordinance. This ordinance will place restrictions on the placement of swimming pools and require a xour (4) foot non-climable fence around swimming pools. After discussion on the height and conformance to the new Ordinance Councilmember Redepenning moved and Councilmember Shirley seconded the motion to approve Ordinance NO.88-613 for a first reading amending the Swimming Pool Ordinance Counci1member Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (d) CONSIDER ACTION - APPROVAL OF UNDERGROUNDING UTILITIES PARKING RAMP ALLEY Staff recommended that the utility companies initiate immediate action to bury the wires in the alleys south of Mainstreet between 9th Avenue South & 11th Avenue South and direct staff to contract to have the electric services connected to the buildings. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to direct staff to have the electric service work done. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (e) CONSIDER ACTION - REQUEST BY HOPKINS BUSINESS COUNCIL - STUDY WELCOMALL Staff recommended that the staff work with the firm of TKDA to study the Mainstreet Mall as requested by the Hopkins Task Force. After a brief discussion Councilmember Shirley moved and Councilmember Redepenning seconded the motion to have the staff work with TKDA and prepare a report. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. August 2, 1988 Page 5 o o o (f) CONSIDER ACTION - APPROVAL COMP PLAN CONSULTANT Staff recommended that BRW by retained to update the Hopkins comprehensive Plan. After a brief discussion Councilmember Redepenning moved and Councilmember Anderson seconded the motion to hire BRW at the cost of $23,960 to update the Comprehensive Plan. which provides a basis for the planning process within the City thru the year 2000. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (g) CONSIDER ACTION - ASSUMPTION OF COMMERCIAL REHAB LOAN BY MAINSTREET SALOON staff recommended approval of Mark Maslow request to assume the commercial rehabilitation loan currently secured by Bull Pen, Inc. for the property located at 814 Mainstreet. Mr. Maslow is presently in the process of purchasing the business from Richard Strachota and Donald Nickodym. After reviewing Mr. Maslow's financial statement staff has no reason to believe that Mr. Maslow would not honor the loan. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to approve Mark Maslow I s request to assume the commercial rehab loan presently held by Bull Pen, Inc. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (h) CONSIDER ACTION - REQUEST FOR USE OF CITY PARKING LOT Dennis Madden appeared before Council to request the use of the parking lot next to the north side of his building for carnival activities during Heritage Days. Staff recommended that Council approve this request. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to allow Dennis Madden of McThirsty's to use the City parking lot making sure that he confer with the Traffic Department of the City. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (i) CONSIDER ACTION - ORDERING PREPARATION - VARIOUS ASSESSMENTS . , August 2, 1988 Page 6 o o o staff recommended that Council approve Resolution 88-70 declaring cost to be assessed and ordering preparation of proposed assessments be adopted. Gordy Anderson appeared before Council to explain why this needs to be done at this time. This assessment procedure needs to be done by October 10, 1988 so certification can be made to Hennepin county. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to adopt Resolution 88-70 declaring costs to be assessed and ordering preparation of propo~ed assessments. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (j) CONSIDER ACTION - CONTRACT APPROVAL - CUSTOMER SERVICE CONSULTANT staff recommended that Council move to authorize the Mayor and Manager to sign a contract with LouEllen Essex to provide customer service consulting services. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to have the Mayor and City Manager to sign a contract with LouE1len Essex to provide customer service consulting services. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. VII. REPORTS - COMMITTEES/COMMISSIONS Councilmember Kritzler reported that the Chemical Health Commission is formulating recommendations for liquor violations based on the City of st. Paul's procedures in the event of liquor violations. They will also offer input on licensing procedures with regard to liquor licenses. The next meeting will be September 12, 1988. , . August 2, 1988 Page 7 o )~o c VII. ADJOURNMENT Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to adjourn. The meeting adjourned by unanimous consent. Respectfully submitted, Pat Gisborne Deputy City Clerk ;;;:~rf~~ Donald J. Milbert, Mayor Councilmembers: