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09-01-19874111r NUTES OF THE SEPTEMBER 1, 1987 COUNCIL MEETING Page 1 A regular meeting of the Hopkins City Council was held on September 1, 1987 at 7:30 p.m. in the Council Chambers at Hopkins City Hall. Present were Mayor Milbert, Councilmembers: Redepenning, Anderson, Kritzler, and Shirley. Also present were City staff: Rapp, Renne, Mielke, and City Attorney Miller. I. Mayor Milbert called the meeting to order at 7:30 p.m. II. Mayor Milbert proclaimed September 17th Constitution Day. CONSENT AGENDA 1. Approval of the August 18, 1987 regular meeting minutes. 2. Approval of disbursements, Prelist #771. 3. Approval of Misc. license applications ( #350 - 355) 4. Approval final payment - Bury & Carlson - Storm sewer construction. 5. Approval partial payment - Lessard Nyren - Reconstruction 8th Avenue parking lot. 6. Approval of 3.2 beer license - Hopkins Jaycees - September 18th & 1111 19th - Heritage Days. 7. Set Budget meetings - September 22nd & 29th 8. Approval of final payment for sealcoat - Allied Blacktop 9. Consider action - Conditional Use Permit extension - 2nd Avenue South and 7th Street Councilmember Shirley requested that item #2 be removed from the consent agenda. Mr. Redepenning moved and Mr. Shirley seconded the motion to approve the consent agenda items after removal of Item #2. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mr. Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. III. OLD BUSINESS a. SECOND READING OF ORDINANCES # 87 -581 AND 87 -582 REGARDING COUNCIL LIAISON TO BOARDS AND COMMISSIONS. Mr. Anderson moved and Mr. Shirley seconded the motion to approve Ordinances # 87 -581 and 87 -582 for second reading and order published. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mr. Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. IV. a. CONDITIONAL USE PERMIT - MIZPAH CHURCH — ADDITION TO WEST SIDE OF EXISTING BUILDING AT 412 FIFTH AVENUE NORTH. Mizpah United Church of Christ is proposing to construct a 1795 square foot narthex addition located on the north side of the existing Illif NUTES OF THE SEPTEMBER 1, 1987 COUNCIL MEETING Page building at 412 Fifth Avenue North. Mr. Redepenning moved and Mr. Shirley seconded the motion to adopt Resolution 87 -75 making findings of fact and approving the Conditional Use Permit, with conditions as stated. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mr. Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. #105 b. CONDITIONAL USE PERMIT - DAY CARE CENTER - 1301 HIGHWAY 7 Kathy McGee, 1301 Highway No. 7, apartment 105 made application to operate a Day Care Center in her home. Mr. Anderson moved and Mr. Redepenning seconded the motion to adopt Resolution 87 -76 making findings of fact and approving with conditions. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mr. Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. d. CONDITIONAL USE PERMIT - DICK HUGHES, INC. - IMPOUND LOT AT APPROX. 900 SECOND STREET N. E. The applicant is proposing to relocate his present impound lot to the parking lot of the Massey - Ferguson building at 802 St. Louis Street. This item was referred to Council by the Zoning & Planning Commission without recommendation. Mr. Anderson moved and Mr. Shirley seconded the motion to adopt Resolution 87 -87 approving the Conditional Use Permit with the following conditions: 1. A completely opaque fence with a minimum of 8 feet in height be built on the north, east and west sides of the site or the fence may be on top of a berm with a total height of at least 8 feet. 2. Public driving surfaces will be paved, the balance of the area being a dust free surface. 3. All buildings on the site comply with the Building Code. 4. The 50 foot front yard setback is landscaped in accordance with a plan acceptable to the Commission and staff. 5. All cars on the site are retained no longer than 120 days. Records of impounded and stored vehicles must be turned in to the City every 30 days, and damaged cars are "out of sight" (i.e. the least visible spot). 6. There is no dismanteling of cars or sale of parts on the site. 7. No parking of impounded cars on Second Street N. E. or outside the fenced area. I NUTES OF THE SEPTEMBER 1, 1987 COUNCIL MEETING Page 3 8. Review of operation every 6 months by the Council. 9. A 50 foot front yard setback is required by the ordinance. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mr. Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. e. PARKING RESTRICTIONS - MILLWORK INC. A letter was received from Millwork, Inc. requesting a no parking zone just north of their main exit driveway on Washington Avenue South because trucks are parked there most of the day blocking the view of exiting cars and trucks. Mr. Anderson moved and Mr. Redepenning seconded the motion to post that area of Washinton South from 10 feet north of the hydrant to 3rd street South to "No Parking Anytime" and remove parking regulations on the north side of Milwaukee Street from Washington Avenue South to Excelsior Avenue East. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mr. Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. f. HOLD HARMLESS RESOLUTION - STATE OF MINNESOTA A request for a variance was made to the State of Minnesota by the City of Hopkins to permit a 48' wide street with no parking permitted under the Soo Line Railroad bridge (Engineers Station 4 +50 to 14 +00) on llth Avenue. State requirements called for a 52' wide street in order to be eligible for State Aid. The State of Minnesota granted the variance conditional upon receipt of a resolution by the City that indemnifies, saves and holds harmless the State of Minnesota and all its agents and employees of and from any and all claims, actions or causes of actions of any nature or character arising out of or by reason of the reconstruction of eleventh Avenue under the Soo Railroad bridge. Mr. Kritzler moved and Mr. Redepenning seconded the motion to adopt Resolution No. 87 -75 holding the State of Minnesota harmless in conjunction with State Aid Project No. 132- 346 -10. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mr. Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. g. AWARD OF CONTRACT - 9TH AVENUE SOUTH & COUNTY ROAD 3 CONSTRUCTION Construction of the Auto Mall called for street changes at 9th Avenue South at County Road 3. Four bids were received for this project. 0 NUTES OF THE SEPTEMBER 1, 1987 COUNCIL MEETING Page 4 • Mr. Anderson moved and Mr. Kritzler seconded the motion to award the contract to the low bidder, Midwest Asphalt in the amount of $81,775.75. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mr. Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. h. SECOND READING OF ORDINANCE 87 -179 - VACATING THE SOUTH 100 FEET OF ALLEY IN THE HARRIMAN BLOCK Mr. Shirley moved and Mr. Anderson seconded the motion to approve Ordinance 87 -179 for second reading and order published. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mr. Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. i. FIRST READING OF ORDINANCE 87 -583 - "AN ORDINANCE AUTHORIZING CERTAIN CITY APPOINTED OFFICIALS TO ISSUE CITATIONS" The City has a need for citations to be issued by city employees who are not sworn police officers. In order for these City employees to issue citations, they must be authorized through City Ordinance. Mr.Anderson moved and Mr. Shirley seconded the motion to approve Ordinance 87 -583 for first reading. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mr. Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. j. PARKING - 7TH STREET SOUTH A letter was received from Jack Stone of Bend -O -Fab stating that long truck trailers have difficulty getting into his loading dock because of cars parked on the south side of seventh street. Mr. Anderson moved and Mr. Kritzler seconded the motion to, post that portion of the south side of 7th Street South for 180 feet west of the landfill gate for "No Parking Anytime" as a temporary posting. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mr. Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. k. PEDESTRIAN CROSSWALK - WALSER A request was received from Walser - Chrysler Plymouth for a pedestrian crosswalk between their buildings on Mainstreet. Mr. Shirley moved and Mr. Anderson seconded the motion to continue this item to allow staff additional time to study the problem. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mr. Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. 1. BIDS FOR PHASE I STUDY AND DESIGN OF LOCAL /GOVERNMENT SAFETY RADIO SYSTEM Ili NUTES OF THE SEPTEMBER 1, 1987 COUNCIL MEETING • Mr. Redepenning moved and Mr. Anderson Leonard Koehnen & Associates for Phase A poll of the vote was as follows: Mr. Aye; Mr. Kritzler, Aye; Mr. Anderson, motion carried unanimously. m. 3.2 BEER LICENSE 9/12 & 9/13 VFW Mr. Shirley moved and Mr. Kritzler seconded the motion to approve the two day 3.2 beer license requested by the VFW. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mr. Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. n. APPROVAL OF PRELIST NUMBER 771 ADJOURNMENT: Page 5 seconded the motion to retain I in the amount of $12,173.70. Redepenning, Aye; Mr. Shirley, Aye; Mayor Milbert, Aye. The Item 2 from the Consent Agenda was now brought before the Council. Mr. Shirley had a question on check # 29795 (Reuter, Inc). Staff explained the check was for hauling of refuse to the fuel facility. Mr. Shirley moved and Mr. Redepenning seconded the motion to approve the expenditures on prelist number 771. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mr. Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. At this point in the meeting an unscheduled appearance was made by Laverne Nichols representing the Pines Mobile Home Community. She stated that Pines residents are having problems with enforcement of codes at the Pines. She requested that the Council create a new Ordinance dealing with mobile home parks with the possibility that the City would be responsible for inspections and enforcement of codes. No formal action was taken. Mr. Redepenning moved and Mr. Anderson seconded the motion to adjourn. The meeting adjourned by unanimous consent.