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04-07-92a i ~ A regular meeting of the Hopkins City Council vas bald on April 7, 1992 in the City Council Chaabers of the Hopkins City Ball. Present mere Mayor Herq, Councilmambers Anderson, ~+;*'ley, Rritsler and Redepenninq. Also present Mere staff members l~iielka, Genellie, 8armeninq, Gustafson, Gessele, SChedler and City Attorney Jerre Killer. I. CALL TO ORD~ mayor Berg called the meeting to order at 8:18. II. AHARD PR$SEN'1'ATION The Hopkins Pavilion Mas recently honored as the "Fans Choice" in Arena E:ccellence balloting. The award goes to the manager of the rink which receives the most votes fro® the hockey co~tmunity for things Butch as cleanliness, concessions, and ice surface. The award notes that Jay Strachota "serves as an eiccellent exaaple of ice arena management". III. CONSffi1'P AGE 1. APPROVAL OF TH$ !MARCH 17, 199a REGUI~R COUNCIL l~iir~c* ~111~1~17SS Z . APPROVAL OF DIa~suxSEl~li'PS, PR~•TST 884 3. APP".,.ava 1~I8~•T-~INEOIIS LICENSE APPLICi~ITIONS 4 . APPROVAL OF 1~ARCH 10 , 19 9 Z 11!~~~P HEBTING lri.~r u i•~sS 5. A~iARD OF BID - NAINS'1'R$8T STOR![ SEI~ffit (Rpt. 9Z-74 ) 6. APPROV$ ~ur~ria~SOTA CITY PARTICIPATION PROGRAi~ (Rpt. 9a- 7a) 7. ACC$P'P SPRINGSTFDT REPORT AND Au1•M~~eTBS 1POR1C PLi~I~T - NssTHSOOHE (Rpt. 9a-73) 8 . ADOPT PARKING CO~II~I~rrx~s HY-L~1N8 (Rpt .. 9 a -79 ) 9. ADOPT R$SOLUTION gSTABLIr~~~Mv PAVILION RATES (Rpt. 92- 80) 10. APPROV$ FIR$ DE'PAT SPAS 11. APPROVE CITY lr1ANAG$R NAGS INCR$ASS AID c.Olh•1•KACT PROVISION la . APPROVE CHANGE ORD$R - l~INSTR$ST STORM SS~i$R (Rpt. 9x- 75) 13 . ACA~OIiLSDG$ PR+OCI~ATION -ARBOR Dl~IY -APRIL a 4 -ARBOR l~OpTB - 1~IAY 14. ADOPT R$SOLUTION NO. 9Z-35 SUPPORTING LAND R$CY~''T•TRG ACT (Rpt. 93-8Z) 15. AUTHORIB$ STAFF TO PREPAR$ US$ AGRSffi~ffi1'P B8'1'il$ffi~ CITY 8 BRA - 1~tAST80LD FISI~D (Rpt. 9a-85) 16. APPROV$ 199a PSO/DISPAZ:;,r~~K cvrixACT (Rpt. 9Z-84) s • . APRIL 7, 199a COUNCIL 1~ESTING PAG$ a Councilmember Anderson moved and Councilaav^bsr ~italer seconded the notion to a~ps~crve the Consent Agenda. A poll of the vote Nas as follows: Councils~embsr Anderson, Aya; Councilmember Shirley, Aya; Councilme®ber ~critalar, Aye; Councilmember Radepanninq, Aye; lrtayor Barg, Aya. The motion carried unanimously. IV. PUBLIC (a) COI~SID$R ACTION -FINAL ASS$SSNffi~'T ROLL - N1~INSTR$BT At the last Council aeatinq Staff race ~~tinuinq the ~~~rinq to April 7, 1992. This gave staff tine to examine any appeals. Two appeals Nara received. l~iayor Berg opened the public ~+~ ~rinq at 8: Z5 p.m. The first appeal involved the property at 919 Nainstreat. The o~rner requested cancellation of the assessment for a sanitary sewer service by reason that the property is served by an existing service and the new sanitary stub provides no real benefit to the property. Staff recoasendad that the Council cancel this particular assessment. • Councilmembsr 1Critaler moved and Councilm~amber Redepanninq seconded the motion to a~~rsova this appeal. A poll of the vote Nas as follows: Councilmea~bsr Anderson, Aya; Councilmember Shirley, Aye; Cauncilmember ICritaler, Aye; Councilmember Redepsnninq, Ays; Mayor Berg. Aye. The notion carried unanimously. The second appeal involved property at 913-915 Nainstrset. The owner, Jim Hance, appeared before the Council to explain his appeal. Se Nas originally told that his sanitary salver pipe did not Head replacing. The pipe Nas replaced after being cut during construction Nhen it was determined by RLN that the pipe Nas in poor condition. Mayor Barg asked staff Nhat the policy Nas regarding replacement of sanitary sewer lines. lam. Gassale responded that the policy, adopted by the City Council, Nas to replace all deficient services. There Here other situations similar to this. Several Councilmembers remarked on the poor co®unications involved between RL'S and !~. Hance. .- s . _' - APRIL 7, 1992 COUNCIL RESTING PAGE 3 Councilm~amber Anderson aowd and Caunailmamber R'ritaler seconded a motion to aY~~.ro ~. Hance~s appeal. lrlaayor Barg wanted to know whether the City might ba creating a precedent by a~Pso.ring this appeal. Ha suggested continuing this natter. City Attorney I~iiiler stated that the entire assessment roll would have to be ~~tinuad. He also- said that the motion would create a precedent that would affect similar situations in the future. Attar further discussion Councilneaber Anderson ~rithdraw his notion and Councilma~mber Rritalar withdrew his second. Councilmamber Radepenninq moved and Councilne~ber Anderson seconded the notion to ~.u~tinue the public hearing regarding the assessment roll for Rainstraat service utilities and private imp is until April 2i. A poll of the vote was as follows: Counciimamber Anderson, Ay®; Councilmea~ber Shirley, Aye; Councilmombsr S~italer, Aye; Councilmenber Radapenninq, Aye; Rayor Berg, Aye. The notion carried unanimously. (b) CONSIDSR ACTION - SPECIAL ASSE8~ITS - 1~OLLI~OOD S'1'REST RECO1~8'ixuc.iiON Staff recoa:mended that the ~-~*•inq be ~..~~tinued to April 21 at Which Lima Council can adopt the final assessment roll by resolution. This allows time for appeals to be made and staff to do proper research. A letter was received before the Council meeting containing an appeal from 707 oakridge. The Council acted on an appeal for 208 1111shire 11a1]~. The owner requested a senior citissn deferred assessment. Councflmembar Redepenninq moved and Councilmeember Anderson sawi~ded a notion to a~~w.re this appeal. A poll of the vote was as follows: Councilmam:ber Anderson, Aye; Councilmember Shirley, Aye; Councilnember ICritsler, Aye; Councilmembar Radapanninq, Ays; Rayor Barg, Aye. The notion carried unanimously. mayor Berg opened the public hearing at 9:19 p.m. to ~-~*• appeals frooa anyone who might be present. Councilmembar Radepennfnq moved and Councilmember Rritaler seconded the notion to continua the hearing until April 21, 1992. 3 - '' APRIL 7, 199a COUNCIL STING PAG$ 4 A poll of the vote ass as follavs: Councilmamber Anderson, Aye; Councilmember Shirley, Aye; Council~embsr R'ritslar, Aye; Councilmember Redepenninq, Aye; lrlayor Herq, Ays. The motion carried unaniaously. v. oLD BUSINNSs (a) CONSID$R ACTION - SS~Jru READING RBFUS$ ORDINANC$ Staff recommended that the Council move to adopt Ordinance No. 9Z-707 amending Section 605 of the Hopkins City Coda; Solid 1laste Nanagement for second reading and order published. Councilmembar Shirley mpved and Councilmamber Redapenninq seconded the motion to adopt Ordinance No. 9Z-707 and order published. A poll of the vote ass as follavs: Councilmember Anderson, Aye; Councilmembar Shirley, Aye; Cauncilmembsr l~italer, Aye; Councilmembsr Redapenninq, Aye; Mayor Herq, Aye. The motion carried unanimously. (b) CONSIDffit ACTION - S&.Jru READING ORDINANC$ - Fffi~CSS IN ir~u~ixIAL 801 Staff requested that this item bs continued in order to research possible conflicts bet~-aen the ner ordinance and other sections of the Boning coda. Councilma®ber Redepenninq saved and Councilmember Kritaler seconded the cation to ~~~.inue the second reading of Ordinance No. 9Z-706. A poll of the vote ass as follows: Councilsember Anderson, Aye; Cauncilmembar Shirley, Aye; Councilsamber 1Critsler, Aye; Councilmember Redepenninq, Aye; Mayor Herq, Aye. The motion carried unanimously. (c) CONSIDHS ACTION SS~~u READING OF ORDINANC$ NO. 91-696 ie ORDII~ANCB NO. 91-697 Staff reco~andad adoption of the above ordinance for vacation of certain utility easements on the nar Holiday Gas Station site. vacation ass ~~~tingant upon the City receiving a storm saner easement. The avnar of the property has granted the easement. After discussion Councilmember R'ritsler moved and Cauncilmember Shirley seconded the motion to adopt Ordinance No. 91-696 ie No. Ordinance 9a-697 for second readies and order published. j i .. ~ - l~IPRIL 7, 199a COUNCIL 1KSSTING PI~G$ 5 l~l poll of the vote Mas as folloMS: Councilmembar l~nderson, hye; Councila~ambar Shirley, lye; Councilmembar Rritaler, l~lye; Councilmember Redepenninq, l~lya; Mayor Berq, Rya. The lotion carried unanimously. vI. NSiI BUSIN$SS (a) CONSiD$R 1~CTiON - Vl~RI1~lNCB - $DCO CORPORI~TiON Staff recaeme~nded the follo~ri~ motion: [ova to apps ire Resolution No. 9Z-3Z aY~s~.rinq a fx~•i~. yard setback variance to construct an addition at 845 ~isior Avenue $ast. Councilmambar Redepanninq moved and Co:uscilmembar Shirley seconded the lotion to ap~s4.-e Resolution No. 9a-3a. lil poll of the vote Mas as follors: Councilmembar l~nderson, dye; Councilmember Shirley, l~lye; Councilmembar Rritaler, dye; Councilmembar Radepanninq, i~ys; Mayor Berg, l~ya. The motion carried unanimously. (b) OONSIDRS 1~C'PION - 8OYT R$D$VELOPl~'1' CONCEPT PION R. L. vt~~SON PROPffitTY (Rpt. 9Z-77) This Mas a concept review which required no foraal action. R'r. Bradley Hoyt appeared before the Council to e~cplain his proposed development. The developa~ant Mould consist of a 60, 000 s. f . grocery store and an additional 65, 000 s. f . of retail. ~. Kerrigan e~cplained the staffs proposal that a land use and market study ba done which would include looking at a number of redevelopment sites in the City. The study Mould look at what Mould ba the bast ray to redevelop these sites. Councilmambar Shirley and Mayor Barg coeadanted on ~i'r. Hoyt ~ s lobbying of the Hennepin County board in opposition to the proposed downtoain grocery store development. Councilmembar l~ndsrson stated that he supports retail on the R. L. Johnson property. Councilmsmbsr Shirley said that he supports a study and Mould bs Milling to consider raaoninq the property but Mould have difficulty in Morking Mith Hoyt development. Mayor Barg supported a study Mhich Mould not duplicate previous studies but Mould provide enough information for the Council to determine the impacts of a retail development on the R. L. Johnson praparty. He stated that he Mould have a problem a~~uvinq a strip retail development. He also said that the Cfty say have to Mait aut the current aarket conditions anti l such time as a development is proposed for the sits that is compatible Mich the current aoninq. ~ ~ • • . • APRIL 7, 199a COUNCIL 1~ESTING PAG$ 6 Councilaasber Rritsler also supported a specific study that could assist tha Council in detaszininq whether the proposed development Mould have an adverse iapact on the dovntoMn. Councfl~esbsr Redepenninq Mas Milling to support a study but cautioned the Council that any change in soning Mould ba pssaanent and aay Mell have a bad affect on the doMntoMn. He did not feel that he could support resoninq this PrY• Staff Mas instructed to ~eYara the outline of a study for Council a~~~~al. VII. PUBLIC CO~II~$N'rS/CON~-~~MS There Mare no public counts. VIII. R$PORTS - CO~IT7.'$SS/CO~ISSION There Mere no reports. IX. AD~~ua"!~T Councilmembsr R~edepenninq Moved and Counci~~~ ~itsler seconded the motion to adjourn. The seating adjourned by unanimous consent. ~tfu y subsittsd, it - ~' - A. Genellie, ty Clem r ~ ~. ~ CII~ _ ~~. \ .~ _ ~- `~ ~, / L~~~. ~ _ i ~~~~ L ~/~ ~ ~ - ~_ A ,=,T: / ~~i~ i~~~ Nbls,.} ~ ~ , !~ = °rg, Mayor r '~ • ~~ PROCLi11~'1'IO~i BR~R#S, in 1812, J. Sterling Norton ~~osad to the Nebraska Hoard of Agriculture that a sp~ial day be set aside for the planting of trees; and 11R~e#S, This holiday, called Arbor Day, vas first observed with the planting of more than a Billion trees in Nebraska, and BR~A#S, Arbor Day is now observed throughout the nation and the world; and ' 1~8~8, the ,quality of life and the beauty of Hopkins, is enhanced by the presence of trees; and BR~~S, tracts contribute to the environmental and psychological wall-being of Hopkins and enrich our lives in so many nays; and wrK~R#S, the City of Hopkins has bean Hamad "Tree City IISA" for 13 consecutive years, - N011, •ir ~~eFOR$, I, Nelson N. Herg Nayor of the City of Hopkins, Minnesota, do hereby proclaim l~pril Z4th, 1992 as Arbor day and the aonth of May as Arbor Month and to urge citiaens to become more aware of the importance of trees to the veil being of our City and to participate in tree planting programs which will ensure a grsan Hopkins in the dac~Ap~ to coma. ~ - iZ -~ ~~~ ~~~ ~~ .. ~ -~,~ ,. .' ,..+~- ~ , .~ f. ~, ~~ ~-i ~ ~>`~ j ~ IN 1ri~rr~s88 OF, I set my hand and cause the Great Seal of the Ci~ of Hopkins to ba affi~csd this ~ ~,_ day of April, 1992. ~ /~ .- -~ ~ _~ ~~ ~ 1~'elson ~. Herq, Mayor ,.