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03-17-98A regular meeting of the Hopkins City Council wash Id on March 17, 1998, in the Council Chambers of the Hopkins City Hall. Present ware Mayor Redepenning and Council Members Maxwell, Jansen, Hesch, and Johnson. Also present were staff members Mielke, Genellie, Stadler, Yager, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Redepenning called the meeting to order at 7:40 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Craig Bistodeau, 21 - 12~' Avenue North, said that since the opening of the HCA and movie theater, six cars have been towed from in front of his driveway. Mr. Bistodeau requested that signs be placed that state 'Resident parking only" on the 46 feet between his driveway and the alley. Council and staff discussed ways to solve the immediate problem as well as the ne d to look for long term solutions for the entire block. Linda Flynn, Hopkins Canter for the Arts Operations Board, gave an update of the board activities. Ms. Flynn said that the board approved the joint resolution and mission statement that the Council would act on later in the meeting. The board is up to eight members. The board held two strategic planning sessions in January and developed a plan with thirteen priorities, five to be accomplished in the next six to twelve months. III. CONSENT AGENDA 1. March 4, 1998, regular City Council Meeting Minutes 2. March 10, 1998 City Council work session minutes 3. Disbursements, Prelist 1034 4. Appointment to Chemical Health Commission (Memo) 5. Purchase/development agreement with Benshoof/Braver (CR98-37) 6. Consider engineering agreement lift station #~6 (CR98-045) 7. Revision loan agreement, Oaks of Mainstreet (CR98-40) 8. Temporary liquor license, Hopkins Jaycees at HCA (CR98-047) 9. Revocation of Jack Yee's wine and beer license (CR98-048) 10. Approve budget and funding for orthophotographic mapping service (CR98- 41) 11.Approve feasibility study, order public hearing, alley reconstruction between HCA and US West (CR98-39) March 17, 1998 City Council Mesdnp Minutes Paps 1 Council amended the motion on item 9 to r ad: move to r voke City of Hopkins License 98027, issued to Sam Cheung Lau d.b.a., Jack Ye 's R staurant on April 2, 1998, unless a certificate of clearance is received from the Minnesota Department of Revenue before that date or until one is received at a later date. Council directed staff to look at a possible fee rebate. Council Member Maxwell moved and Council Member Johnson seconded a motion to approve the Consent Agenda as amended. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. IV. OLD BUSINESS 1. West Park Road improvements (CR98-46) Steve Stadler told the Council that the developer of Halley's Custom Homes, just north of the City of Hopkins and abutting a portion of West Park Road, has propos d a reconstruction of the abutting 340-foot section of road. Property owners along all of West Park Road were notified of a neighborhood meeting. Only one property owner was present. Mr. Stadler said there are only two effected residents. This would make the 5596 rule of Policy 8B, Roadway Improvements, very difficult to adhere to. Mr. Stadler reviewed the uniqueness of the project. Council directed staff to add language to the resolution indicating that curb and gutter on this section will not impact design decisions on the rest of West Park Valley Drive. Council Member Maxwell moved and Council Member Johnson seconded a motion to adopt Resolution 98-017, as amended, authorizing staff to proceed with reconstruction of a local street without adherence to Legislative Policy 8B, Roadway improvements. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, eye; Mayor Redepenning, aye. The motion carried unanimously. V. NEW BUSINESS 1. Liquor License Violations, MT Boars (CR98-46) Steve Mielke said that on October 10, 1997, employees of MT Bears were found consuming alcohol after closing. Employees pled guilty. During the renewal process it was discovered that the corporation that holds the licenses was sold and that the notification required by statute was not done. Mr. Mielke said that the owners had March 17, 1998 City Council Mesdnp Minutes Pape 2 agreed to close on March 22"~ and 23'~ for the after hours consumption and pay a 8500 fin for failur to notify the City of the Corporate Chang s. Council discussed if the days will be busy, if the mousy will go the Chemical Health Commission, and if the public is notified as to why liquor is not being served. It was clarified that ~e restaurant will not be closed; they will not ba allowed to serve liquor. Council directed staff to look at ~e possibility of requiring signage indicating why th liquor operation has been closed and designating the fine money to specific sourc s. Council Member Maxwell moved and Council Member Johnson seconded a motion to approve Conditional Admission and Waiver of Hearing for Stone Creek Inc., dba MT Bears, located at 502 North Blake Road. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hssch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 2. Authorize renewal of the League of Minnesota Cities Insurance Trust Policy Lori Yager told the Council that the statutory municipal tort liability limits increased to 8300,000 per claimant and 8750,000 per occurrence. The limit is no longer automatically waived so the City must waive the limit if that is weir choice. Carl Bennetsen of Youngdahl Companies explained the liability policies. It was explained that Federal Civil Rights Acts, ADA, Discrimination and other actions will fall outside the 8750,000 limits. Council Member Hesch asked if the Depot Coffee House operation is covered. Staff assured her that it is. Council Member Maxwell moved and Council Member Jensen seconded a motion to ren w the League of Minnesota Cities Insurance Trust Policy at 8147,462 and waive the statutory tort liability limits to the extent of tha coverage purchased. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jansen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redapenning, nay. The motion carried. 3. Joint Resolution, HCA Operations Board (CR98-49) Steve Mielke told the Council that in December 1997, the Council and Operations Board for the Hopkins Center for the Arts met to discuss roles, responsibilities, and relationships regarding the facility. Staff formulated a resolution to clarify the March 17, 199s City Council Mssttnp Minutes Paps 3 responsibiliti s of both parti s, which has be n r viewed by both bodies and is ready for adoption. Council Member Hesch moved and Council Member Jensen seconded a motion to adopt Resolution 98-16, regarding the charge of the City Council to the Hopkins Center for the Arts Operations Board. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. V. REPORTS -COMMITTEES/COMMISSIONS Council Member Johnson announced that the dates for the Raspberry Festival will be July 10~' through July 19~'. Mayor Radepenning thanked staff and especially Eileen Harvala for the Annual Report. VI. ADJOURNMENT There being no further business, Council Member Maxwell moved and Council Member Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:60 p.m. Resp ctively Submitted, i 1 erry ~ ~ _. maier, City Clerk COUNCIL MEMBERS U ~ ~ _ ~ .c ~-r ~Q ~- . ,~ T: w Charles . Redepenning, ayo _ ~ March 17, 1998 City Council MesRhp Minutes Paps 4