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11-05-1986 Minutes . 1 - MINUTES OF THE HOPKINS CITY COUNCIL MEETING OF NOVEMBER 5. 1986 A regular meeting of the City Council of the City of Hopkins was held at 7:30 p.m. on November 5, 1986 in the Council Chambers of Hopkins City Hall. Present were Mayor Lavin, Councilmembers: ShJ.rley, Milbert, Anderson, Redepenning and Shirley. Also present were City Staff members: Rapp, Renne, Kerrigan, Genellie, Mielke, G. Anderson, and City Attorney Miller. I. Mayor Lavin called the meeting to order at 7:30 p.m. II. Mr. Milbert, acting on behalf of the Council, congratulated Mayor Lavin for receiving the TwinWest . Chamber of Commerce Karen Gibbs "Women of Achievement Award" . III. APPROVAL OF MINUTES OF THE OCTOBER 21,1986 MEETING .- Mr. Redepenning moved and Mr. Milbert seconded the motion to approve the minutes of the October 21st meeting. 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. IV. APPROVAL OF DISBURSEMENTS, PRELIST # 750 Mr. Anderson moved disbursements listed vote was as follows: Anderson, Aye; Mayor and Mr. Redepenning seconded the motion to approve on prelist #750 in the amount of $107,353.95. A poll of Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Lavin, Aye. The motion carried unanimously. the the Mr. V. APPROVAL OF MISC. LICENSE APPLICATIONS (386-392) Mr. Milbert moved and Mr. Anderson seconded the motion to approve the license applications listed (386 - 392). 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. V. PUBLIC HEARINGS a. PUBLIC HEARING - TRANSFER OF CDBG FUNDS The City received $107,633 for Year 11 of the CDBG Program. The money was earmarked for the Housing Rehab Program. Federal regulations require that all of the funds be contracted by the end of December. Staff has determined that there may be some of these funds left over that will not be used for the Housing Rehab Program this year, and suggested that the excess funds be transferred to the Community Center for projects that need to be done there. Mr. Shirley moved and Mr. Redepenning seconded the motJ.on to transfer the funds to the Community Center project and get bids for the project, but not to award the bids until the second meeting in December to be sure these funds are not needed for the Housing Rehab Program. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Nay; Mr. Shirley, Aye; Mr. Anderson, Nay; Mayor Lavin, Aye. The motion carried. h DTTUTT('I Uli'^DTl\l(!. ('IU^"Tr!li'<:! Tn nli'li'T('IT^T ('ITTV M^D 2 Mr. Anderson moved and Mr. Milbert seconded the motion to approve Ordinance 86-568 "Amending the Official Map of the City of Hopkins" for first reading and request staff to to notify the School District that this ordinance will add Maetzold Field to the map of protected areas. 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. VII. OLD BUSINESS a. CONSIDER ACTION ON FIRST READING OF ORDINANCE ADOPTING THE HOPKINS CODE OF ORDINANCES Mr. Anderson moved and Mr. MJ.lbert seconded the motion to approve Ordinance 86-569 adopting the Hopkins Code of Ordinances, for the first readJ.ng. 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. b. CONSIDER ACTION ON CHANGES IN THE GAMBLING POLICY . The City, at a previous meeting, established policies relative to charitable gambling in the City of Hopkins. A t the October 21, 1986 meeting, staff proposed changes to the charitable gambling policy which would allow certain types of charitable organizations to lease an area in local liquor or other establishments to sell pull-tabs. The item was continued to allow staff to refine the policy to cover concerns of the Council. Mr. Anderson moved and Mr. Redepenning seconded the motion to have the City Attorney amend #8 dealing with the age of persons being allowed to buy pull-tabs, to change the age limit from 21 to 18 in establishments where liquor is not sold, and to delete #7 which stated that a person who is an active member of the association must do the selling of the pull-tabs. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Nay; Mr. Shirley, Nay; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried. c. GAMBLING REQUEST - RASPBERRY FESTIVAL COMMITTEE The applJ.cation was withdrawn by the applicant At this point in the meeting, the Mayor requested that item K be moved up. NEW BUSINESS k. REPORT FROM LIQUOR ADVISORY BOARD Dr. Paul Slaton, Chairman of the Liquor Advisory Board and Dr. Jim Schaefer, a liquor consultant, appeared before Council to report to them the actions of the Liquor Advisory Board and present them with the following recommendations: 1. All license holders, including clubs and convenience or grocery stores will be expected to belong to Licensed Intoxicating Beverage Dealers of Hopkins (LIBDOH). 2. A Chemical Health Commission is to be established. 3. Meeting would be conducted by LIBDOH, the Police Department and other appropriate agencies to train, at a minimum, management and supervisory personnel from each licensed establishment. 4. A cov nant for on-sale and off-sale dealers will be developed by LIBDOH and 3 a. REQUEST BY CLAYTON MILLER FOR EXTENSION - PROPERTY PURCHASE. Clayton purchase property from the City on the west side of Shady Oak Lake. He appeared before the Council to request an extension on the payment of the balance of his debt to the City. Mr. Shirley moved and Mr. Anderson seconded the motion to grant an extension for one year wJ.th interest at 10%, with the provision that as each lot is released, all accrued interest on the entire remaining balance is paid. A 360 day basis will be used for computing interest. 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. b. LIQUOR LICENSE APPLICATION - EAST END BOTTLE HOUSE Mr. Milbert moved and Mr. Redepenning seconded the motion to approve the liquor license for the East End Bottle House, subject to verification of source of funds. 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. LIQUOR LICENSE APPLICATION - DENNIS MADDEN - BURSCH'S Mr. Anderson moved and Mr. Milbert seconded the motion to approve the liquor license application for Bursch's. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Hilbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. d. APPLICATION FOR VARIANCE - BURSCHlS This variance was approved at a previous meeting, subject to Dennis Madden owning the establishment within one week. Because Mr. Madden did not take ownership within that week, the variance was not valid. This item was then brought before Council for approval after ownership was accomplished. Mr. Milbert moved and Mr. Redepenning seconded the motion to adopt Resolution 86-74 approving the variance. 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. e. HANDICAPPED PARKING - MIZPAH CHURCH Mizpah United Methodist Church located on the west side of 5th Avenue North just south of Highway 7 and the Rosewood apartments requested the installation of handicapped parking spaces on 5th Avenue North in front of their building. Mr. Milbert moved and Mr. Redepenning seconded the motion to approve the installation of handicapped parking spaces in front of Mizpah Church, as recommended by staff. f. "NO PARKING" SIGNS AT TYLER AVENUE The City placed "No Parking" signs on Tyler Avenue North for a period not to exceed one year. Staff asked the Council to affirm the location of the present "No Parking" signs and instruct staff to begin a study of the Tyler Avenue location with an ultimate meeting of the property owners and Council to discuss the placement of the sillns. 4 g. AVENUE PETITION FOR SIDEWALK ON NORTH SIDE OF CAMBRIDGE STREET, WEST OF TEXAS Mr. Hilbert moved and Mr. Redepenning seconded the motion to adopt Resolution calling for an engineer's report. A poll of the vote was as follows: Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Lavin, Aye. The motion carried unanimously. 86-75 Mr. Mayor h. WAIVER OF PLATTING REQUIREMENTS - 2100 MAINSTREET Johnson Enterprises, Inc. requested a waiver of platting requirements to divide the lot at 2100 Mainstreet into two parcels. The Zoning & Planning Commission recommended approval by a unanimous vote. Mr. Milbert moved and Mr. Redepenning seconded the motion to adopt Resolution No. 86-73 approving the Waiver of Plat. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Hilbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. . i. WAIVER OF PLATTING REQUIREMENTS - 100 FARMDALE ROAD & 357 ALTHEA LANE L. E. Johnson is proposing to acquire a portion of the property to the east of 100 Farmdale Road consisting of approximately 3327 square feet. After the split, th property on Althea Lane will consist of 15,180 square feet and the applJ.cant's lot will consist of 14,102 square feet. He applied for a waiver of platting requirements in order to add property to the lot. The Zoning & Planning Commission unanimously recommended approval. Mr. Hilbert moved and Mr. Redepenning seconded the motion to adopt Resolution 86-71 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. j. CONDITIONAL USE PERMIT - 57 RENAISSANCE COURT Elizabeth Harrison, 57 Renaissance Court applied for a conditional use permit to allow a day care in her home. The Zoning & Planning Commission recommended approval unanimously. Mr. Anderson moved and Mr. Shirley seconded the motion to adopt Resolution 86-72 approving the Conditional Use Permit. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Hilbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. k. LIQUOR ADVISORY BOARD REPORT This item was acted on earlier in the meetJ.ng. I. CONCEPT REVIEW - 2012 MAINSTREET (PINES) Mr. McHale, representing Ryan Construction, presented a concept plan for the area at 2012 Mainstreet. The construction would include a super market, a hardware store and related retail uses. /I ..."'n..."''''''n+",+iv", nf' th", 'Pin",,, Mnhil", R'nm", ("nmm11ni+v "nnlT", ",a",in"t th", nl",n f'n... th", 5 Mr. Milbert moved and Mr. Anderson seconded the motion to deny the concept 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. Mr. Shirley moved and Mr. Redepenning seconded the motion to direct the staff to make a complete study of this site (2012 Mainstreet) to determine what would be appropriate development. 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. m. MAYOR'S APPOINTMENT TO THE ZONING & PLANNING COMMISSION Mayor Lavin recommended the appointment of Holly Ebel, 130 Ashley Road to replace James Folk on the Zoning & Planning Commission. Mr. Redepenning moved and Mr. Anderson seconded the motion to approve the appointment. 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. . n. BIDS ON HOP-A-RIDE CONTRACT The following bids were received for the 1987 contract: Town Taxi -------$1.50 per ride Yellow Taxi------$1.69 per ride Mr. Anderson moved and Mr. Redepenning seconded the motion to award the contract to the lowest bidder (Town Taxi). 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. CHANGE IN COST OF HOP-A-RIDE TICKETS Staff suggested that, since the bid has increased, Council should consider an increase in the cost of Hop-a-ride tickets. Mr. Anderson moved and Mr. Redepenning seconded the motion to increase the pric of the tickets by five cents, making the cost for low income tickets 40 cents and 95 cents for other tickets. 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. RESOLUTION DESIGNATING ALTERNATES TO CITY MANAGER IN HIS ABSENCE Mr. Redepenning moved and Mr. Milbert seconded the motion to adopt Resolution 86-70 designating alternates to the City Manager in his absence. The motion carried unanimously. q. TRAFFIC STUDY - 17TH & 1ST STREET NORTH The ngin ering department studies traffic on this corner to determine if some sort of traffic control was necessary. It was determined that traffic signals are not warranted at this time but that multiway stop signs are warranted. 6 R. CABLE COMMISSION RESOLUTION The Southwest Cable Commission adopted a resolution presented by Rogers Cablesystems which would allow Rogers to change the channel alignment for a trial period of one year. Dan Eckberg of the Hopkins School District appeared before the Council objecting to the alignment of channels. After a lengthy discussion, Mr. Redepenning mov d and Mayor Lavin seconded the motion to take no action on the resolution. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Nay; Mr. Shirley, Nay; Mr. Anderson, Nay; Mayor Lavin, Aye. The motion failed. Mr. Shirley moved and Mr. Anderson seconded the motion to reject the action that was taken by the Cable Commission. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Redepenning, Nay; Mayor Lavin, Nay. The motion carried. s. SET DATE FOR JOINT MEETING WITH PARK BOARD Staff requested that a date be set for a joint meeting with the Park Board to discuss goals of the Community Center. Mr. Redepenning moved and Mr. Milbert seconded the motion to set December 15 at 7:30 p.m. for a meeting with the Park Board. 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. t. TOWING CONTRACT EXTENSION Staff requested approval to extend the towing contract with Gary's Towing until November 30, with the same terms as the existing contract. Mr. Milbert moved and Mr. Redepenning seconded the motion to approve the extension of contract and authorize the Mayor and Manager to sign it. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Hilbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. u. SIDEWALK REQUEST - DALE LOMMEN - 811 MAINSTREET Mr. Lommen, owner of the Little Blind Spot at 811 Mainstreet, has just completed installation of a 6 inch water line which required demolition of the sidewalk adjacent to the building. Because the sidewalk will have to be excavated and replaced again next spring in conjunction with a walkway project adjacent to the building, he is requesting approval to cover the excavated area with a blacktop patch rather than the required concrete. Mr. Milbert moved and Mr. Redepenning seconded the motion to approve the request for a blacktop patch. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Hilbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. v. TRAFFIC STUDY - 2ND STREET N. E. & TYLER AVENUE NO. Council requested that staff study the intersection at 2nd Stre t N. E. and Tyler Avenue North for possible traffic control. The Engineering Department reported that, as a result of their study, they would recommend that multiway stop signs at this int rsectJ.on. .. ~ I .. 7 w. SET MEETING TO REVIEW PARKING COMMITTEE RECOMMENDATIONS Staff requested that the Council set a date for a meeting with the CCDC, Zoning & Planning Commission, Parking Committee and Council, to review the recommendations of the Parking Committee. Mr. Shirley moved and Mr. Redepenning seconded the motion to set a meeting date of November 17, at 7:30 p.m. for this meeting. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Hilbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. ADJOURNMENT: Mr. Shirley moved and Mr. Redepenning seconded the motion to adjourn the meeting. 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. The meeting adjourned at 11:45 p.m. . Respectfully submitted, , /1//' / " , - I "-::( A .,l....~ -(f \ ~'- .- .v /. .^'--'~.<- . { , Jean Kaeding, Secy. ( 1/ / ATTELS: ~/.1 // .//--/ / ....-::'... J" ". " ~A//l./ 5 Ellen Lavin, Mayor COUNCILMEMBERS: ~~~ / " ) !t--~1. , I . /"7 t "'-.C"'- Y (i ('l!-tA:~ .,~ . /)tl11G~~ ~Il~ il1: J ' 1 ~f ~ft~~- 0- ~---- -----=--