Loading...
05-05-1987 ,. MINUTES OF THE MAY 5, 1987 COUNCIL MEETING 1 A regular meeting of the City Council of the City of Hopkins was held on May 5, 1987 in the Council Chambers of Hopkins City Hall. Present were Mayor Lavin, Councilmembers: Shirley, Redepenning, Anderson and Milbert. Also present were City staff: Rapp, Mielke, G. Anderson, Renne, Thiele, T. Anderson, Strawn, Maas and City Attorney Miller. I. The Meeting was called to order by Mayor Lavin at 7:30 p.m. II. Mayor Lavin proclaimed May 10 -16, 1987 "Homes for the Aging Week" . CONSENT AGENDA: ~ Approval of minutes of the April 21, 1987 meeting. Approval of Disbursements, prelist # 763. Approval of License Applications 1987 Bituminous seal coat bid award Renewal of computer maintenance contract Mr. Shirley moved and the Consent Agenda. Redepenning, Aye; Mr. Aye; Mayor Lavin, Aye. Mr. Redepenning seconded the motion to approve A poll of the vote was as follows: Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, The motion carried unanimously. III. HEARING a. ALLEY - 19TH AVENUE NORTH A petition was received for a concrete North. Sara and Rodney Mattson of the Council to state that they are in assessment to build the concrete alley. alley at 358 - 19th Avenue above address appeared before agreement with the proposed Mr. Anderson moved and Mr. Redepenning seconded the motion to adopt Resolution 87-42 ordering in the improvement of a concrete alley at 358 - 19th Avenue North. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. OLD BUSINESS: a. SECOND READING OF CLUB LICENSE ORDINANCE Mr. Redepenning moved and Mr. Milbert seconded the motion to approve Ordinance 87-573 for second reading and order published. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, abstained ; Mayor Lavin, Aye. The motion carried. MINUTES OF THE MAY 5, 1987 COUNCIL MEETING 2 b. CONDITIONAL USE PERMIT - SUPER VALU Super Valu applied for a Conditional Use Permit to construct a 9000 square foot addition with six loading docks to the south side of the existing dry goods loading area adjacent to Third Street South. Resident in the vacinity of this building were opposed to the addition because they felt that it would produce more noise. Super Valu met with the neighbors and presented them a plan which provides a sound wall and landscaping along the southern property line. The sound wall would start approximately at the new addition and continue west to the end of the Super Valu property. Landscaping would be provided along th wall. With the addition of this wall, the neighbors felt that the noise would be significantly reduced. After assurance from David Lanier, representing Super Value that a sound wall would be built according to the plan presented, Mr. Milbert moved and Mr. Redepenning seconded the motion to adopt Resolution 87- 28 approving the application for a Conditional Use Permit, with the condition that a sound wall be built in accordance with the site plan. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. c. CONDITIONAL USE PERMIT - CAR WASH/CONVENIENCE STORE At a subsequent meeting, some concern was expressed regarding the northerly access point on 11th Avenue to the proposed convenience store site. Benshoof & Associates did a traffic study addressing the necessity/desirability of the northerly access on 11th and indicated that this access should be eliminated. The applicant requested that this item be continued to allow them to change their site plan. Mr. Redepenning moved and Mr. Anderson seconded the motion to refer this item back to the Zoning & Planning Commission to review a new site plan. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. d. SUBDIVISION REQUEST - CAR WASH/CONVENIENCE STORE This item is directly connected with the above Conditional Use Permit request. Mr. Anderson moved and Mr. Redepenning seconded the motion to refer this item back to the Zoning & Planning Commission. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. MINUTES OF THE MAY 5, 1987 COUNCIL MEETING 3 e. MID-BLOCK STREET LIGHTING - 7TH AVENUE NORTH At the public hearing for mid-block street lights, the engineering department was asked to come back to the Council wi th information r garding the cost, if one street light was installed, and where the light could be erected if the residents ordered the light themselves. The engineering department reported that NSP does not allow installation of a light in the the public right-of-way by anyone but the City. Night watch lights that are installed on poles in alleys ar put in for one customer only and billed only to that customer. The night watch luminair is not suitable for street use. None of the petitioners appeared at the meeting. Mr. Milbert moved and Mr. Anderson seconded the motion to continue this item. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. f. LIQUOR ISSUES Minnesota Statute 340A.415 requires that the issuing authority (City Council) shall either suspend, fine, or revoke the license of a license holder that has failed to comply with an applicable statute, rule, or ordinance relating to alcohol. A Resolution (87-41) adopting general policies regarding liquor license issues was presented to the Council. The Resolution listed the following steps to be taken when dealing with liquor violations. 1. Notify the Council of the report. 2. Monitor the criminal case resulting from the report. 3. If the criminal case is dismissed or resulting in an acquittal or if the administration otherwise finds evidence of the violation unreliable, the Council shall be so informed. The Council, at the time, shall decide whether to dismiss the matter or proceed. 4. If the criminal case results in a conviction or payment of court cost or if the administration otherwise finds the evidence reliable, the City Manager shall meet with the licensee and invite the licensee to sign a conditional admission and waiver of hearing that includes a proposed sanction. 5. If the conditional admission is signed, it shall be presented to the Council for approval or other action. 6. If the conditional admission is not signed, the licensee shall be provided notice of a suspension/revocation hearing and the matter shall be set down on the Council agenda for hearing. MINUTES OF THE MAY 5, 1987 COUNCIL MEETING 4 7. The hearing will be in accord with the Administrative Procedure Act, Minn. Stat. 14.57 to 14.70. The hearing shall be recorded, the City Manager shall present the evidence establishing the violation, and the licensee shall have the right to cross-examine witnesses, present evidence, and make a statement to the Council. The Council will issue written findings on whether a violation occurred and stating what sanctions will be imposed. Mr. Redepenning moved and Mr. Mi1bert seconded the motion to adopt Resolution 87-41 "Resolution adopting general policies regarding liquor license issues" A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. NEW BUSINESS a. PARKING COMMITTEE RECOMMENDATIONS The Parking Committee presented council with recommendations regarding parking in the downtown. The Parking Committee's recommendations are based upon the Benshoof study, staff analysis, the Committee's knowledge of downtown parking, and public comment. The recommendations were divided in three areas; parking supply, administrative, and future analysis. The recommendation calls for designated off-street employee parking at the cost of $7.50 per month in eight City lots, designation of more on street parking spaces as unrestricted daily parking at no charge, and implementing a program to accommodate the parking needs of downtown residential units located above commercial establishments. strict enforcement would be an essential component of the new system's successful operation. Mr. Anderson moved and Mr. Milbert seconded the motion to accept the recommendations as proposed. A poll of the vote was as follows: Mr. R depenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimOUSly. b. TRUCK BACKING POLICY At a worksession held on January 6, 1987, Public Works sta~f expressed concerns about refuse truck access at certain alley locations throughout the city. These limited access areas require that trucks are backed the entire length of some alleys because there is inadequate space to turn around at the alley ends. The Public Works staff feels that this situation is unsafe and recommended alternatives to improve the situation. MINUTES OF THE MAY 5, 1987 COUNCIL MEETING 5 Mr. Anderson moved and Mr. Redepenning seconded the motion to accept th recommendations of the staff except on site I, to determine the costs involved and report back to Council and on site B, to accept the offer of a permanent easement from Richard Kakach to turn into his driveway. 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 - MIZPAH UNITED CHURCH OF CHRIST Mizpah Church applied for a Conditional Use Permit to locate a sign in a lesser setback than required and to exceed the maximum size requirements. The Zoning & Planning Commission recommended approval with the following conditions: 1. That all existing signage be removed 2. That a directional sign be allowed at the driveway entrance. Mr. Milbert moved and Mr. Anderson seconded the motion to accept the recommendation of the Zoning & Planning Commission and adopt Resolution 87-36 making findings of fact and approving the Conditional Use Permit. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. d. WAIVER OF PLATTING REQUIREMENTS - SOHAN UPPAL An application for a Waiver of the Platting requirements to divide Lots 3, 4 & 5, Block 1, Uppal's Addition for the purpose of constructing a four family dwelling on each lot was made by Sohan Uppal. The Zoning & Planning Commission recommended approval with the condition that the Waiver of the Plat is accepted by the Hennepin County Recorder. Mr. Milbert moved and Mr. Redepenning seconded the motion to accept the recommendation of the Zoning & Planning Commission and adopt R solution 87-35 making findings of fact and approving the Waiver of Plat. e. VARIANCES - RUDY LUTHER'S HOPKINS MOTORS The applicant applied for a square footage of the sales lot to exceed the square footage of the building, and a 25 foot front yard variance. These variance are in conjunction with the request for a Conditional Use Permit for an auto sales lot at the southwest corner of Mainstreet and 5th Avenue. MINUTES OF THE MAY 5, 1987 COUNCIL MEETING 6 Th Zoning & Planning Commission recommended approval with the following conditions: 1. That the applicant be granted a conditional use permit to operate an auto sales lot. 2. That the variances be reviewed if the applicant does not lease the abutting right-of-way property. Mr. Milbert moved and Mr. Anderson seconded the motion to accept the recommendation of the Zoning & Planning commission and adopt Resolution 87-37 making findings of fact and approving the variances. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Ay ; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. f. CONDITIONAL USE PERMIT - HOPKINS MOTORS The applicant, Rudy Luther's Hopkins Motors applied for a conditional use permit for an auto sales lot on the southwest corner of 5th Avenue and Mainstreet. The Zoning & Planning Commission recommended approval with the following conditions: . 1. That the requested variances (above) are granted. I 2. At such time as the County makes a final determination on the implementation of light rail transit, or should the applicant lose the lease to the County property, the Zoning and Planning Commission should have the opportuni ty to review the appropriateness of the Conditional Use Permit. Mr. Milbert moved and Mr. Shirley seconded the motion to accept the recommendation of the Zoning and Planning Commission and adopt Resolution 87-38 making findings of fact and approving the conditional use permit. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. g. WAIVER OF PLATTING REQUIREMENTS - JON SCHWARTZMAN - 401 COTTAGE DOWNS The applicant requested a waiver of platting requirements to divide to existing parcels into 20,000 square feet and 24,500 square feet. The Zoning and Planning Commission recommended approval on the condition that the waiver is accepted by the Hennepin County Recorder. Mr. Milbert moved and Mr. Shirley seconded the motion to accept the recommendation of the Zoning & Planning Commission and adopt Resolution no. 87-39 making findings of fact and approving the waiver of plat. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. MINUTES OF THE MAY 5, 1987 COUNCIL MEETING 7 h. IMPROVEMENTS TO THE "BARN" Th Centennial Commission is proposing that improvements be made to the "barn" that will allow it to be used as a dance hall. These improvements include fixing the floor and construction another exit. The Centennial Commission, the Raspberry Festival, and the Jaycees have indicated a willingness to help pay for the project. The Council concurred that a fee should be charged for use of the "barn" to offset xpenses to the City. Mr. Anderson moved and Mr. Milbert seconded the motion to approve the improvements to the "barn", contingent on insurance being obtained at a reasonable cost. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, ~ye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. At this point in the meeting, Mr. Shirley and Mr. Redepenning stepped down from the Council table and did not enter into discussion of the next item on the agenda. i. APPENDIX E Appendix "E" is an optional section to the State Building Code that allows individual communities to adopt more restrictive sprinkler system standards than are normally required under the State Building Code. These standards would apply to all new buildings over a specified size and to existing buildings over the same size threshold when the occupancy classification is changed or the floor area of the building is increased. Staff recommended that Council adopt this optional section to the State Building Code. Mr. Mi1bert moved and Mr. Anderson seconded the motion to not adopt Appendix "E". The poll of the vote was as follows: ,Mr. Anderson, Aye; Mr. Milbert, Aye; Mayor Lavin, Aye. The motion carried. At this point in the meeting, Mr. Shirley and Mr. Redepenning returned to the Council table. j. 1985 UNIFORM BUILDING CODE The State of Minnesota updates and revises the State Building Code by adoption of new National standards. Staff presented Council wi th Ordinance 87-574 "An Ordinance relating to Building, Housing and Construction Regulations: amending Section 400 of the Hopkins City Code." Mr. Redepenning moved and Mr. Anderson seconded the motion to approve 87-574 for first reading. .A poll of the vote was as follows: Mr. R depenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. ~ MINUTES OF THE MAY 5, 1987 COUNCIL MEETING 8 k. NON-MUTUAL AID RESPONSE - FIRE DEPARTMENT Resolution 87-18 was presented to the Council by the Fire Department. This Resolution would allow the Fire Chief to respond to requests to assist juriSdictions not included in our mutual aid contract in case of a major emergency. Mr. Milbert moved and Mr. Anderson seconded the motion to adopt Resolution # 87-18. A poll of the vote was as follows: Mr. Red penning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. 1. RESOLUTION RESTRICTING SKATEBOARDS IN THE DOWNTOWN Staff presented Council with Ordinance # 87-575 stating "No person shall ride or operate a skateboard upon a public street, alley or sidewalk within the B-2 district". A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. Mr. Shirley moved and Mr. Anderson seconded the motion to approve Ordinance 87-575 for first reading. m. CLASS "A" GAMBLING LICENSE - KNIGHTS OF COLUMBUS Mr. Milbert moved and Mr. Redepenning seconded the motion to take no action, allowing the Minnesota Gambling Control Board to act. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, abstained; Mayor Lavin, Aye. The motion carried. n. LANDFILL STUDY At a previous meeting, the Council requested a study of the city landfill site. The firm of TKDA was commissioned to do this study. The study concluded that the site could appropriately be used for a golf course. Mr. Anderson moved and Mr. Shirley seconded the motion to accept the r port of TKDA and authorize further study and design activity. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. o. PARKING ENFORCEMENT PERSONNEL The Parking Committee in their recommendations to the City Council indicated that parking enforcement is a key component to improved parking management in the downtown area. Staff recommended hiring an additional person for parking enforcement purposes. . ; MINUTES OF THE MAY 5, 1987 COUNCIL MEETING 9 Mr. Shirl y moved and Mr. Anderson seconded the motion to authorize staff to hire a person for parking enforcement purposes, to be funded from parking revenues. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. p. CONTRACT WITH ARTHUR YOUNG AND COMPANY Staff requested Council to approve an agreement with Arthur Young and Company to prepare a comparable worth/compensation plan for the City of Hopkins, at a cost not to exceed $7,400. Mr. Anderson moved and Mr. Shirley seconded the motion to approve an agreement with Arthur Young and Company as requested by staff. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. q. RESOLUTION OPPOSING SALES TAX ON POLITICAL SUBDIVISIONS. Council was presented with Resolution 87-40 opposing sales tax on political subdivisions. Mr. Anderson moved and Mr. Redepenning seconded the motion to adopt Resolution 87-40 as presented. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. r. ASSISTANCE TO THE SCHOOL DISTRICT Mayor Lavin recommended that the Council offer assistance to the School District in opposing the changes that are proposed regarding taxes as they affect the School District and direct the City Manager to contact the School District and ask in what way the Council may best help them. Mr. Milbert moved and Mr. Anderson seconded the motion to approve the recommendation of the Mayor in regard to assisting the School District. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. s. LEAGUE OF MINNESOTA CITIES ADVERTISEMENT Staff requested Council approval of an ad to be printed in the League of Minnesota cities Magazine. Council informally approved the ad. , . MINUTES OF THE MAY 5, 1987 COUNCIL MEETING 10 REPORTS: Mr. Rapp reminded the Council of the AMM meeting to be held on May 28th. Bob Anderson reported that he and Mr. Milbert and Mr. Rapp helped to present the Teddy awards for local access programming ADJOURNMENT Mr. Milbert moved and Mr. Anderson seconded the motion to adjourn the meeting. The meeting adjourned at 10 p.m. Respectfully submitted, Jean Kaeding, Secy. ,/ / COUNCILMEMBERS: ATTEST: ~~~~~~ ~ '7?1(dbf~ Av~~1-~ -:.- , (!~