04-07-1987
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MINUTES OF THE APRIL 7, 1987 COUNCIL MEETING
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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MINUTES OF THE APRIL 7, 1987 COUNCIL MEETING
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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~