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04-07-1987 1 , 1- MINUTES OF THE APRIL 7, 1987 COUNCIL MEETING Page 1 . A regular meeting of the Hopkins City Council was held on April 7, 1987 in the Council Chambers of City Hall. Present were Mayor Lavin, Councilmembers: Anderson, Milbert, Shirley and Redepenning. Also present were City staff: Rapp, Renne, Mielke, Kerrigan, Genellie, G. Anderson and City Attorney Miller. I. The meeting was called to order at 7:30 p.m. by Mayor Lavin. II. APPROVAL OF THE MINUTES OF THE MARCH 17, 1987 MEETING Mr. Redepenning moved and Mr. Milbert seconded the motion to approve the minutes of the March 17th meeting. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Miller Aye. The motion carried unanimously. III. APPROVAL OF DISBURSEMENTS, PRELIST # 761 e Mr. Milbert moved and Mr. Anderson seconded the motion to approve the disbursements on prelist # 761, in the amount of $363,750.63. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Miller Aye. The motion carried unanimously. IV. PROCLAMATIONS a. Mayor Lavin proclaimed April 25th and 26th "GOPHER STATE CAT CLUB WEEKEND". b. Mayor Lavin proclaimed April 20th - 24th "TWINWEST CHAMBER OF COMMERCE WEEK". V. PUBLIC HEARING - Alleged liquor violations Mr. Shirley moved and Mr. Anderson seconded the motion to continue the hearing to the next meeting. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. VI. OLD BUSINESS a BELLGROVE REZONING - RESOLUTION 87-572 Mr. Milbert moved and Mr. Redepenning seconded the motion to approve Resolution 87-572 for second reading and order published. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. MINUTES OF THE APRIL 7, 1987 COUNCIL MEETING \ Page 2 b. TRANSFER WINE & BEER LICENSE - CHINA ROYAL Mr. Milbert moved and Mr. Redepenning seconded the motion to approve the transfer of license to Tat Lum. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. c. PROPOSED CHANGE TO COMP PLAN - SHADY OAK & MAINSTREET Mr. Milbert moved and Mr. Anderson seconded the motion to reject the recommendations of the Wuornos report and take no action on the changing of the comprehensive plan. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. At this point in the meeting, Mr. Anderson left the Council table. d. CLUB LICENSES As a result of a complaint by Dennis Madden of Bursch I s and Dick Strachota of the Opera Hall Saloon, staff obtained information about the laws/ordinances governing club licenses from the State Liquor Control Board and other communities in Minnesota. Staff recommended that we change the Hopkins ordinance regarding club licenses to comply with state law. Mr. Perlt of the State Liquor Control Board appeared to offer information and answer questions that were raised. Mr. Archie Weidner, Commander of the Veterans of Foreign Wars Post 425 in Hopkins spoke for the Clubs located in Hopkins. Dennis Madden of Bursch I s expressed his concern about clubs selling liquor to non- members. Mr. Perlt reported that only about ten cities in Minnesota had ordinances that were more restrictive than the State law regarding sale of liquor to "guests" of club members. Mr. Milbert moved and Mr. Redepenning seconded the motion to change the Hopkins ordinance to comply with State law. A poll of the vote was as follows: Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. At this point in the meeting, table. Mr. Anderson returned to the Council NEW BUSINESS: a. FARE SHARE Frank Snyder requested use of the Community Center on the 4th Saturday every month for use of Fare Share which is a statewide self-help food program. The site coordinator for Fare Share reported that he had met with representatives of some of the churches in Hopkins and they expressed an interest in hosting this program. Therefore, the request for use of the Community Center was withdrawn at this time. MINUTES OF THE APRIL 7, 1987 COUNCIL MEETING Page 3 No formal action was taken by the Council. b. GROWERS MARKET/1987 SEASON The Growers Market requested use of the 9th Avenue Parking lot to open a farmers market on Saturday mornings from 7:30 to 12:00, June 20 to October 31, and Tuesday afternoons from 2:00 - 5:00 p.m., from July 7 to September 15. Staff recommended that Council instruct the staff and city Attorney to draft an agreement between the ci ty of Hopkins and Growers which outlines the rules and regulations regarding the use of the parking lot. Mr. Milbert moved and Mr. Anderson seconded the motion to instruct the staff and City Attorney to draft and agreement, keeping in mind the dates of various celebration events, so that the market would not interfere with any of the events being planned. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. c. CONDITIONAL USE PERMIT - CONVENIENCE STORE/CAR WASH An application for a Conditional Use Permit was made by Jack Welch to construct a convenience store and car wash at the southwest corner of 7th Street and 11th Avenue South. The Zoning & Planning Commission approved the conditional use permit unanimously with the following conditions: 1. That permanent parking easements are obtained, recorded and a copy supplied to the city. 2. That the northerly access point be redesigned on 11th Avenue to restrict it to an entry only drive or, if this cannot be accomplished, to eliminate the drive. Although an amended plan was submitted changing the drive in question, staff was not satisfied that the prop'osed drive would be safe for pedestrians at that point. Mr. Redepenning moved and Mr. Milbert seconded the motion to continue this item to allow staff and the applicant time to try to work out the problems concerning the drive at the northerly access point. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. MINUTES OF THE APRIL 7, 1987 COUNCIL MEETING Page 4 d. WAIVER OF PLATTING REQUIREMENTS - 7TH & 11TH AVE SO. This item is directly connected with the above item. Mr. Redepenning moved and Mr. Milbert seconded the motion to continue this item. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. e. CONDITIONAL USE PERMIT FOR DAY CARE - 103 BLAKE ROAD Bertha Dyer of the above address applied for a conditional use permit to operate a day care facility in her home. The Zoning and Planning Commission recommended approval with the following conditions: 1. The residence is inspected by the City inspectors. 2. The applicant is licensed for day care. Mr. Redepenning moved and Mr. Milbert seconded the motion to adopt Resolution No. 87-26 making findings of fact and approving the application with conditions as recommended by the Zoning & Planning Commission. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. f. CONDITIONAL USE PERMIT - SUPER VALU . Super Valu applied for a Conditional Use Permit to construct an addition to the present facility. Zoning and Planning recommended approval subject to the following conditions: 1. That the Fire Marshal approve the plans. 2. That the applicant secure an easement for the relocated watermain. Two Edina residents appeared in opposition to the construction, stating that they were concerned with the noise. Mr. Milbert moved and Mr. Anderson seconded the motion to continue this item to the next regular Council meeting allowing staff to notify additional Edina residents of the proposed construction, and to allow Super Valu time to meet with the neighbors to resolve their concerns. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. g. CONDITIONAL USE PERMIT - MERCHANTS REFRIGERATION Merchants Refrigerating Company, 325 Blake Road North applied for a Conditional Use Permit to add a 25,296 square foot refrigerated addition, to convert the existing truck court to a new dock with ten doors, and to add a new truck dock addition with five doors. Zoning & Planning recommended approval with the following conditions: MINUTES OF THE APRIL 7, 1987 COUNCIL MEETING Page 5 . 1. That the applicant stripe the parking area along Blake Road. 2. That the applicant provide a landscape plan which conforms to the ordinance. Merchants submitted revised plans which meet the landscaping requirements and agreed to stripe the parking area aforementioned. Mr. Redepenning moved and Mr. Shirley seconded the motion to adopt Resolution No. 87-27 making findings of fact and approving the Conditional Use Permit. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. h. ENGINEERS REPORT -CONCRETE ALLEY - 19TH AVENUE NO. e A request was received for a concrete alley to be constructed to serve 358 - 19th Avenue North. The engineer reported that the estimated cost of the construction would be $4,692. The City policy is to pay for 20% of the concrete, the remainder would be assessed to the adjacent properties. Mr. Milbert moved and Mr. Redepenning seconded the motion to adopt resolution No. 87-29 setting a hearing. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. i. AGREEMENT WITH METHODIST HOSPITAL Staff presented Council with an agreement for the Senior Connection of Methodist Hospital to provide services to senior citizens at the Hopkins Community Center. The Senior Connection provides blood pressure checks once per month for senior citizens. Staff recommended that the Council authorize the Mayor and Manager to sign the agreement. Mr. Milbert moved and Mr. Anderson seconded the Mayor and Manager to sign the agreement. as follows: Mr. Anderson, Aye; Mr. Shirley, Mr. Redepenning, Aye; Mayor Lavin, Aye. unanimously. the motion to authorize A poll of the vote was Aye; Mr. Milbert, Aye; The motion carried k. AGREEMENT WITH RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) Staff presented Council with an agreement with the Retired Senior Volunteer Program of Greater Minneapolis defining relationships and responsibilities regarding RSVP volunteers. The Retired Senior Volunteer Program (RSVP) provides certain incentives that encourage volunteerism. The City of Hopkins and its Community Center has for several years benefited from these incentives, by registering volunteers that qualify, through RSVP. Persons that are registered with RSVP and who volunteer on a regular basis at the Hopkins MINUTES OF THE APRIL 7, 1987 COUNCIL MEETING Page 6 Community Center are provided with supplement insurance coverage. travel expense reimbursement and public recognition. The City of Hopkins budgeted $250 for 1987. Mr. Milbert moved and Mr. Redepenning seconded the motion to authorize the Mayor and Manager to sign the agreement with RSVP effective January 1, 1987 through December 31, 1987. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. I. CHANGE MEETING DATE FOR 2ND MEETING IN MAY Because of the City elections being held on May 19, it is necessary to change the second meeting date in May. Mr. Anderson moved and Mr. Redepenning seconded the motion to change the 2nd meeting date in May to May 18. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. m. PURCHASE OF RAILROAD BRIDGE Plans and specifications for the improvement of 11th Avenue South were approved by the Gouncil March 17, 1987. Financing for the project is to come from State Aid funds. to be eligible for these funds, it is necessary to the City to purchase the existing railroad bridge, and the replacement will be a city owned bridge on the State Aid system. To purchase the existing bridge, a "Bill of Sale for Conveyance of Bridge" needs to be executed. With this document, the railroad company will sell the bridge to the City for $1. The City will then have authority to remove it and replace it. The City will accept liability and will be responsible for ownership, maintenance and repair of the new bridge. Mr. Anderson moved and Mr. Milbert seconded the motion to approve purchase of the bridge and authorize the Mayor and Manager to sign the bill of sale on behalf of the city. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. . n. ZION REQUEST FOR BURNES PARK Zion Lutheran Church requested use of Burnes Park to conduct an outdoor church service on Sunday May 24th beginning at 9:30 or 10 a.m. They are planning on using a public address system. Normally the Park Board does not allow the use of a public address system at this time of the day. The Park Board at its March 6, 1987 meeting recommended that the Council allow the Zion Lutheran Church to use Burnes Park on May 24, 1987, including the use of a public address system, subject to the church distributing information fliers to all homes within one block in any direction of the park no later than May 16, 1987 announcing the upcoming event and the pact that a public address system will be used. MINUTES OF THE APRIL 7, 1987 COUNCIL MEETING Page 7 Mr. Milbert moved and Mr. Anderson seconded the motion to accept the recommendation of the Park Board and allow the Zion Luther Church to use the park subject to the rules of conduct listed in the Facility Reservation Application and the recommendation of the Park Board requiring distribution of an informational flyer. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. o. CRUISING COMMITTEE REQUEST FOR PCA REPORT The Cruising Committee requested Council's approval to have a study of exhaust emissions and noise levels taken during the heavy cruising hours by the PCA. Mr. Anderson moved and Mr. Shirley seconded the motion to request a PCA report as requested by the Cruising Committee. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. p. AMBULANCE ACCESS AGREEMENT In 1986 the City of Hopkins entered into an agreement with Hennepin County which allowed them to use the fire station as an additional substation for their ambulance operation. They are aSking to renew this agreement for another year. Staff recommends renewing the agreement as proposed. Mr. Milbert moved and Mr. Redepenning seconded the motion to approve the agreement as proposed and authorize the Mayor and Manager to sign. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. q. CHANGE OF DATE FOR COUNCIL WORKSESSION . Because the Passover Holiday falls on the 14th of April, it is necessary to set another date for the Council worksession. Mr. Anderson moved and Mr. Redepenning seconded the motion to set April 15, 1987 from 5:30 p.m. to 7:30 p.m. as the date for the next Council worksession. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. r MINUTES OF THE APRIL 7, 1987 COUNCIL MEETING Page 8 r. PARKING RAMP STUDY The Benshoof Parking Management Plan ~-indicates that after implementation of the plan, there will still exHft the possibility that inadequate amount of parking space will be available in the south CBD area. Staff asked for authorization to conduct a study of the south CBD area in order to make recommendations to the Council of what might be done in this area to alleviate the parking problems. Mr. Shirley moved and Mr. Anderson seconded the motion to authorize staff to conduct a parking study of the south CBD. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. s. REQUEST FROM HENNEPIN COUNTY FAIR A letter was received from the Hennepin County A~ricultural Society soliciting funds from the City to help finance their fair in Corcoran, Minnesota. Since this item was not budgeted for, Mr. Redepenning moved and Mr. Shirley seconded the motion to reject the request for funds. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. t. AMENDMENT TO THE POLICE OFFICER'S CONTRACT 1987 Staff presented an amendment to the seniority section of the police officers contract for 1987. Mr. Shirley moved and Mr. Redepenning seconded the motion to approve the amendment to the contract. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. . ADJOURNMENT: Mr. Anderson moved and Mr. Redepenning seconded the motion to adjourn the meeting. The motion carried unanimously. The meeting adjourned at 10:10 p.m. Respectfully submitted, ~~ ~ Jean Kae~