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09-06-1988A regular meeting of the Hopkins City Council was held on September 6, 1988 in the Council Chambers of Hopkins City Hall. Present were Mayor Milbert, Councilmembers Anderson, Shirley, Kritzler and Redepenning. Also present were City Staff members Rapp, Mielke, Genellie, G. Anderson, Schedler and City Attorney Jerre Miller. I. CALL TO ORDER: Mayor Milbert called the meeting to order at 8:15 p.m. II. PROCLAMATION CONSTITUTION WEEK Mayor Milbert declared the Week of September 17 through September 23, 1988 as Constitution Week. III. CONSENT AGENDA 1. APPROVAL OF THE AUGUST 17 REGULAR MEETING MINUTES 2. APPROVAL OF DISBURSEMENTS, PRELIST 796 3. APPROVAL OF MISCELLANEOUS LICENSES 4. APPROVAL OF APPOINTMENT TO CHEMICAL_ HEALTH COMMISSION 5. APPROVAL OF GAMBLING LICENSE RENEWAL - JAYCEES 6. APPROVAL OF 1988 SEALCOAT PAYMENT 7. DESIGNATE AUDITORS FOR 1988 8. APPROVAL OF ASBESTOS AGREEMENT 9. APPROVAL OF CONTRACT - REHABILITATION LOANS Councilmember Anderson moved and Councilmember Kritzler seconded the motion to approve the Consent Agenda. Councilmember. Redepenning, Abstained; Councilmember Kritzler, Aye; Councilmember Shirley, Aye, Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried. IV. PUBLIC HEARING (a) SPECIAL ASSESSMENTS Staff recommended that the public hearing be continued to the next regular Council Meeting September 20, 1988. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to move that the public hearing for Special Assessments be moved to September 20, 1988. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye Mayor Milbert, Aye. The motion carried unanimously. September 6, 1988 Page 2 V. OLD BUSINESS (a) CONSIDER ACTION - 2ND READING SWIMMING POOL ORDINANCE #88 -619 Staff recommended that the council approve for second reading. After a great deal of discussion Councilmember Anderson moved and Councilmember Redepenning seconded the motion to adopt the Swimming Pool Ordinance with all existing fences grandfathered in. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (b) CONSIDER ACTION - REVISED R. L. JOHNSON C.U.P. Staff recommended that this item on the agenda be continued for two weeks at the request of R. L. Johnson. Councilmember Shirley moved and Councilmember Kritzler seconded the motion to continue this item for two weeks. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. VI. NEW BUSINESS (a) CONSIDER ACTION — CONDITION USE PERMIT - 10 YARD SETBACK PYLON SIGN - McCOY Zoning and Planning sent to Council without recommendation. Staff recommended that Council adopt Resolution 88 -74 approving the CUP to locate a sign with a 10 foot front yard setback. Jim McCoy and Steve Hurtz appeared before Council explaining the need to have both signs. Mr. McCoy said the existing sign shall be painted to match the new sign. After discussion Councilmember Anderson moved and Councilmember Redepenning seconded the motion to adopt Resolution 88 -74 approving a CUP allowing a sign with a 10 foot front yard setback. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. -ptember 6, 1988 e (b) CONSIDER ACTION - CONDITION USE PERMIT - SPANTEK Zoning and Planning recommended approval of Resolution 88 -75 approving a CUP to construct a 25,000 sq. foot addition to the building at 1520 Fifth Street South. Steve Mielke said that the addition meet all of the ordinance requirements,. George Baldwin of Spantek appeared before Council to make a request that the Council also consider allowing Spantek to build the addition within the setback. He thanked the Council for consideration but was told that the only thing the Council could act upon was a request for a CUP at this time. They would be glad to discuss any additional plans with him at a later date. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to adopt Resolution 88 -75 approving a CUP for the 25,000 square foot addition to the existing property at 1520 Fifth Street South. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (c) CONSIDER ACTION - CONDITIONAL USE PERMIT FENCE WELLENS Zoning and Planning recommended - denying "a Conditional Use Permit to construct a 6 foot high special purpose fence by the Wellens. Staff recommended adopting Resolution 88 -76 making findings of fact and approving a CUP for a special purpose fence. Greg Wellens appeared before Council stating the reasons for having requested the CUP. Councilmember Anderson told Mr. Welaen the reason he is opposed to the fence has a great deal to do with the safety factor. He feels that in the case of fire it would create an impossible situation for the Fire Department if rescue attempts were needed. After further comments from the Council, Councilmember Anderson moved and Councilmember Kritzler seconded the motion to adopt Resolution 88 -76 to deny the construction of a 6 foot high fence. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. • ;eptember 6, 1988 ?age 4 (d) CONSIDER ACTION - VARIANCE -NORTH COAST PARTNERS Zoning and Planning recommended denial of the park in the front yard set back. Staff recommended adoption of Resolution 88 -78 Variance to park in the front yard set back. variance to denying the Bill Morin appeared before Council to request a delay of action so that he could go back to the Zoning and Planning Commission with further information. The Council did not feel that this was necessary since no hardship existed which would require a variance. Councilmember Shirley moved and Councilmember Anderson seconded the motion to adopt Resolution 88 -78 denying the variance to park in the front yard set back. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (e) CONSIDER ACTION - FIRST READING ORDINANCE - CIVIC SIGNS Staff recommended approval of Ordinance 88 -619 for first reading. This ordinance is proposed to meet the needs of civic organizations that need signs for their events. Currently the Zoning Ordinance does not allow these signs. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to approve the adoption of Ordinance 88- 619 for first reading. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye Mayor Milbert, Aye. The motion carried unanimously. (f) CONSIDER ACTION - EXTENSION OF CUP - PITT ROLFE Staff recommended approval of a one year extension of this Conditional Use Permit. ptember 6, 1988 The applicant appeared before Council to request a one year extension of his CUP. He showed the Council his plans and said he is continuing with his endeavor to complete_ this project. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to approve the extension of the CUP for Pitt Rolfe for one year. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (g) CONSIDER ACTION - CONTRACT 9TH & 3RD STREET NORTH (CONCRETE ALLEY) Staff recommended award of the contract be made to Gunderson Brothers Cement Contractors Company, Inc. low bid in the amount of $12,622.50. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to award the cement contract to Gunderson Brothers Cement Contractors Company, Inc. the low bidder in the amount of $12,622.50. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (h) CONSIDER ACTION - JAYCEE'S - 3.2 BEER LICENSE Staff recommended approval of the application as requested. Councilmember Anderson moved and Councilmember Kritzler seconded motion to approve the application for a license for the Jaycee's for the Heritage Days Festival. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye Mayor Milbert, Aye. The motion carried unanimously. (i) CONSIDER ACTION - ST. JOSEPH'S CHURCH - 3.2 BEER LICENSE Staff recommended approval of the application as requested. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to approve the application for a license for St. Joseph's Church for the Fall Festival. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye Councilmember Shirley, Aye; Councilmember Anderson, Aye Mayor Milbert, Aye. The motion carried unanimously September 6, 1988 Page 6 (j) CONSIDER ACTION PARKING DESIGNATION - PARKING RAMP Staff recommended that 200 parking spaces on the 2nd and top tier of the ramp be designated for employee parking; the remainder to signed for three hour parking. Councilmember Shirley moved and Councilmember Anderson seconded the motion to designate that 200 parking spaces on the 2nd and top tier of the parking ramp be designated for employee parking; the remainder to be signed for three hour parking. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (k) CONSIDER ACTION - DETERMINE ACTION TO ISSUE CAPITAL NOTE FOR CERTAIN EQUIPMENT Staff recommended that the Council approve issuance of up up to $265,000 in principal amount of general obligation capital notes to finance the acquisition of certain capital equipment. Councilmember Anderson moved and Councilmember Shirley seconded the motion to adopt Resolution 88 -80 to issue up to $265,000 in principal amount of general obligation capital notes to finance the acquisition of certain capital equipment and ordered published a copy of this resolution in the next edition of the official newspaper with a notice as to the right to petition for a referendum. Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. VII. REPORTS - COMMITTEES /COMMISSIONS Mayor Milbert told Council he had attended the Knollwood Picnic. He also told about the ribbon cutting ceremony at Interlachen Park. Phyllis McQuaid and Sally Olsen also attended this ceremony. He said the upgrading of the Parks is coming along very nicely. Mayor Milbert also recommended that all the Council people and staff should attend the Heritage Days festival. He stated that a good time would be had by all. He told of the variety of things that would be available making this a very enjoyable outing. =ptember 6, 1988 ADJOURNMENT Councilmember Anderson moved. -and Councilmember Redepenning seconded the motion to adjourn. The meeting was adjourned by_ unanimous consent. Respectfully Submitted, Pat Gisborne Deputy City Clerk ATTEST Donald J. Milbert, Mayor Councilmembers: