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08-02-94• A regular meeting of the Hopkins City Council ras held on August a, 1994 in the Council Chambers of Hopkins City Hall. Present rare Mayor Redepenninq, Councilmambers Anderson, Hesch, i~italer and Ma~nrell. Also present rare staff members 1~Iielke, Harmening, Gustafson, Gsssele, Gisborne and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Radepenninq called the meeting to order at 7:30 p.m. II. OPEN AGENDA - PUBLIC CO1~lE1~1'1'S/CON~-~~"~S There mere no co®aments. III. OATH OF OFFICE Pat Gisborne administered the oath of office to the follorinq people: Honing and Planning: Dr. Bill Schumacher Parking Cosm:ittee: Gary Rybolt and Guy Noarlan Park Board: Dr. Dan Schumacher and John Fink IV. CONSENT AGENDA 1. APPROVAL OF MARCS 18, 1994 110RIC SESSION 1`urui•~s8 Z. APPROVAL OF JULY la, 1994 1~ORIC SESSION ~ur~ui•~s8 3. APPROVAL OF MIS~•T•ANEOUS LICENSES 4 . APPROVAL OF JOLY 19, 1994 REGULAR MEE•iirc~ A~rui•:sS 5. APPROVE 3.a BEER LICENSE, ST. JOSEPS~S c~eiuxCS (Rpt. 94-14a) 6. APPROVAL OF DISBURSffiIBpTS, P'R~•TST 944 7 . APPROVAL "NO PARKING" RESTRICTIONS - OAIUtIDGE Sc~u its AREA Rpt. 94-145) Counci~~~her Hesch moved and Councilmember l~itsler seconded the motion to approve the Consent Agenda. , A poll of the vote ras as follors: Councilmember Anderson, Aye; Councilmember Hesch, Aye; Councilmember l~ftsler, Aye; Councilmember Maxarell, Aye; Mayor Redepenninq, Aye. The motion carried unanimously. V. OLD BUSINESS a. DISCUSSION/UPDATE OF LANDFILL ISSUES - DOHERTY RZJI~LE 8 BUTLER (Memo) .~ :: • August Z, 1994 Page a Jim Gessele introduced Mr. John Scoll of Doherty Rumble and Butler, mho gave the Council an update on the status of the Seventh Street Landfill under the recently enacted Landfill Cleanup Program. Mr. Stoll discussed the iapact on the City concerning financial reimbursement and time frames to accomplish the necessary clean up measures the City mill have to abide by. Tom and Marren Rutledge, O~rners of Rutledge Construction Company appeared before Council stating concerns regarding their property. Mr. Mielke asked them to discuss the problems at the end of the update. The discussion mould take place during the nett agenda item. Hearing no more discussion Council moved on to the ne~ct agenda item. b. CONSIDffit ACTION - SAND R$ADING - LANDFILL GAS CONTROL DISTRICT ORDINANCE (Memo) Jim Gessele gave an updated report on the pending ordinance. He stated that the ordinance is a declaration of public policy that in the interest of safety and welfare of the cam®unity and to remain in compliance with INCA regulations pertaining to the Seventh Street Landfill, certain prohibitions on that site are necessary. At this time Tom and Marren Rutledge once again asked what mould happen to their property if the ordinance mere to get passed. Mr. Stoll stated that the ordinance is an institutional control measure that should be passed in order to satisy A~~nds of the MPCl~I. He also stated that several of the items mentioned in the ordinance are already mandated by MPCA. Mr. Gessele assured the Rutledges that the City or State mould continue to monitor the land. Mr. Mielke stated that the Rutladges have legitimate concerns and that the City should continue to work with them at the INCA. Mr. Gessele requested that the Council approve for second reading Ordinance No. 93-737 and order published. . August a, 1994 Page 3 Councilmembar Anderson moved and Councilmembar Basch seconded the motion to approve Ordinance No. 93-737 for second reading and order published. A poll of the vote vas as follo~rs: Councilmea~bar Anderson, Aye; Councilmember Hesch, Aye; Councilm~embar Rritsler, Aye; Councilmembar Ma~carell, Aye; Mayor Redepennfnq, Aye. The motion carried unanimously. c. CONSIDffit ACTION - SB~rc READING - VACAT$ PORTION OF $DGffi~iOR$ DRIV$ (lriamo) Staff racoammandad adoption of the follo~rinq motion: 1Kove to approve Ordinance No. 94-740 for ~-sond reading and order published. To® Harmening gave a brief sum®ary of the ordinance. Councilmembar Rritaler moved and Councilmember Ma~cmrall ==~sndad the motion for adoption of Ordinance No. 94-740 and order published. A poll of the vote Nas as follo~rs: Councilmember Anderson, Ays;'Councilmembar Basch, Aye; Councilmembar R~itsler, Aye; Councilmembar Maxmrell, Aya; Mayor Radepanning, Aye. The motion carried unanimously. d. CONSIDER ACTION -VARIANCE -SUBDIVISION MOR~ITORIUM (Rpt. 94-141) Staff reco~smend~ adoption of the follomrfnq motion: Move to approve Resolution No. 94-70 denying a variance from the subdivision ordinance moratorium. Greg and Susan Hayes have requested a variance from: the subdivision ordinance moratorium for property the omrn at 7 Mabster Place. At a previous meeting, the Council referred the request to the Boning and Planning Board for reviaN. Z and P voted unanimously to recommend approval of Resolution No. 94-70 denying a variance. After discussion Councilmember Anderson moved and Councilmamber Ma~nrell seconded the motion to a~~~~Ne Resolution No. 94-70 denying the requested variance. A poll of the vote mas as follomrs: Councilmembar Anderson, Aye; Councilmembar Hesch, Aye; Councilmember 1Critsler, Aye; Councilmembar Ma~carell, Aye; Mayor Radepanninq, Aye. The notion carried unanimously. ~. August a, 1994 Page 4 VI. HSN BUSIHSSS a. COHSIDSR ACTION - SSTABLiSH "HO P~~VG" RESTRICTIONS - EAST SIDS OF BLi~1CS ROAD FROK wur~•i•Y ROAD 3 Su:rit~ TO T8E CITY LIMITS (Rpt. 94-144) Staff recoemanded adoption of the following motion: Kowa to adopt Resolution Ho. 94-7a established "Ho Parking" on the east side of Blake Road from County Road 3 South to the city Limits. Kayor Radepenninq removed himself from the Council table. Councilmember Anderson as Pro Tem Kayor took over the meeting at this point. Kr. Gustafson informed the Council of the Head for the no parking on the east side of the street. 8a stated that due to the sports activities at Blake School that parking on both sides of the streets created a haaard for two cars driving on the road at the same time. 8a also stated that the vegetable stand on the Blake School property has also created hasards Kith people double parking on the road. Kr. Kielke said that the City could look into the legalities of the vegetable stand where it is presently placed. Kr. Miller stated that the City has the final decision if the stand continues to be a safety ha$ard, to disallow having the stand where it is Hoar placed. Attar discussion Councilmember ~italer moved and Councilmamber Basch seconded the motion to adopt Resolution No. 94-7a. A poll of the voice was as follows: Councilmambar Anderson, Aye; Councilmember Rey^.~, Aye; Councilmambar ~ft$ler, Aya; Councilmamber Kaxwell, Aye. The motion carried unanimously. Kayor Radepenninq returned to the Council Table. b. CONSIDER ACTION -FIRST RSADIHG OF AKENDII~lENT TO NQISAHCE ABATEMENT CODS (Rpt. 94-143) Staff recoamnended adoption of the following motion: Kove to approve a first reading of Ordinance Ho. 94-741 amending the City ~ s 1~iRisance Abatement Code adding the definition of "Graffiti" . Toam Harmeninq discussed the ordinance addition to the cods with the Council. • ^ .~ August Z, 1994 Page 5 Councilmembar Anderson moved and Councilmenber Rrit$ler seconded the motion to adopt for first reading Ordinance No. 94-741. A poll of the vote vas as folloars: Councilmamber Anderson, Aya; Councilmambar Hasch, Aye; Councilvsa~bar N'ritslar, Aye; Councilmamber Na~nrell, Aye; 1layor Radepsnninq, Aya. The motion carried unanimously. c. CONSiD$R ACTION - PAVffi~1'P NANAGH~N'1' PROGRAK (Rpt. 94-146) Staff recommender adoption of the following notion: Dove to authorise the liayor and City Manager to enter into a contract with Braun Intartec for the development of a Pavement ~anagemant Program at a cost not to e:ccead $35,000. Les Gustafson vent over the recoamme~ndation rith the Council discussing the long range savings that would occur with this program. Darwin Dahlgren, Braun Intertec, appeared to answer questions that the Council might have. After further discussion Councilnember R°r^-~+ moved and Councilmambar Rritsler seconded the notion to a~ruva the request. A poll of the vote vas as follows: Councilnembar Anderson, Aye; Councilmember Hesch, Aye; Councilnembsr iCritsler, Aye; Councilmamber Naxwall, Aye; 1Kayor Redapanninq, Aye. The motion carried unanimously. VII. R$PORTS CO~~II.1'1•JSJ58/C~ISSIONS Councilmember Hesch gave a brief report on the Chemical Health Commission. She stated that the Youth Papal would speak to adults at Gath~-^'mane Church on November 14 , 1994 concerning drug and al~~h~l use. 1~. Mielke stated that the Chemical Health Co®mission would meet with the Council at a joint meeting on September 13, 1994 to qo over the Comomissions goals. Mayor Redepenning asked if the min ~Yhones could ba tested. He stated that the sound did not carry into the chambers vary yell. ... - .. r August a, 1994 Page 6 Mr. Mielke said that they had been tested many times but would look into having then tested again. He also said the biggest problem is that people do not speak into the mieio~hones . viii . A~ovT Councilmember Maxwell moved and Councilmember Hesch seconded the motion to adjourn. The meeting adjourned bry unanimous consent. Res~-ctfully submitted, • ~~ - ~ ~ Pat G, = •.•} ; ~ a, Deputy C1~ty c: ~ 1 x c.~ur~ II~$R: ~~ ,, i:~ - --rT- -~ ~ , ,_ ;~_ .. ~~~~= - - T: °- o~- Char as Redepenn nq,~ayor