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03-20-90A regular meeting of the Hopkins City Council was held on March 20, 1990 in the Council Chambers of Hopkins city Hall. Present were Mayor Berg, Councilmembers Anderson, shirley, Kritzler, and Redepenning. Also present were city Staff Mielke, Genellie, Thiel, Kerrigan and city Attorney Jerry Steiner. I. CALL TO ORDER Mayor Berg called the meeting to order at 7:30 p.m. II. PROCLAMATION ~ Mayor Berg proclaimed April 1 - 7, 1990 to be the Week of the Young Child. III. CONSENT AGENDA . APPROVAL OF THE MARCH 6, 1990 REGULAR MEETING MINUTES APPROVAL OF DISBURSEMENTS, PRELIST #833 APPROVAL OF MISCELLANEOUS LICENSES Councilmember Shirley moved and Councilmember Anderson seconded the motion to approve the consent agenda. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. IV. PUBLIC HEARINGS (a) MORATORIUM FOR BINGO PARLORS Staff recommended approval of the following motion: Adopt Resolution No. 90-47 approving for first reading Ordinance No. 90-674 setting a moratorium on the use of Bingo Halls as a primary use in the B-3 district. Jim Kerrigan explained the background of the proposed ordinance. He stated that the moratorium will give the city Council and staff time to consider if Bingo should be allowed in Hopkins as a primary use. Mayor Berg pointed out that the moratorium would end in September and would only affect bingo operations that are primary uses. ~ MARCH 20, 1990 COUNCIL MEETING PAGE 2 The public hearing was opened at 7:40 p.m. There being~no testimony, Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to close the public hearing at 7:41 p.m. The motion carried unanimously. After discussion Councilmember Kritzler moved and Councilmember Redepenning seconded the motion to adopt Resolution No. 90-47 approving for first reading Ordinance No. 90-674. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. (b) YEAR XVI - 1990 CDBG PROGRAM Staff recommended adoption of the following motion: Move to adopt Resolution No. 90-46 approving proposed program for Year XVI Urban Hennepin County Community Development Block Grant Funds and authorizing its submittal. Adoption of this motion would enable staff to submit the application to Hennepin County for consideration. Jim Kerrigan explained that the allocation of $91,093 would be divided between the Community Center ($76,093) and the Greater Minneapolis Day Care Association ($15,000). The public hearing was opened at 7:48 p.m. There being no testimony Councilmember Kritzler moved and Councilmember Shirley seconded the motion to close the public hearing at 7:49 p.m. The motion carried unanimously. After a question from the Council, City Manager Mielke assured the Council that, if there was any shortage in CDBG funds, the money allocated for the Community Center would be cut first. Councilmember Shirley moved and Councilmember Anderson seconded the motion to adopt Resolution No. 90-46. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. ' MARCH 20, 1990 COUNCIL MEETING PAGE 3 V. NEW BUSINESS (a) CONSIDER ACTION - MOBILE PARK CLOSING ORDINANCE Staff recommended adoption of the following motion: Move to take no action on the reconsideration of the proposed ordinance by the Pines/APAC residents. Adoption of this motion would result in the City not reconsidering adoption of the stricter provision on the closing of a mobile home park within the City of Hopkins above and beyond the current statutory requirements. There were several questions from the Council concerning the legal ramifications of passing such an ordinance. City Attorney Steiner said that if the ordinance was challenged, the City certainly faced legal costs and might face additional costs if a sale fell through due to this ordinance. He said that the Bloomington City Attorney had doubts about the constitutionality of the ordinance that Bloomington had passed. Mr. Steiner went on to say that the state statute allowed the City to do what was in the proposed ordinance but did not mandate action and thus gave the City more flexibility. Terry Schroeder appeared before Council to urge the Council to pass an ordinance similar to Bloomington's. He said that the Minnesota Attorney General had reviewed the Bloomington ordinance and suggested that it was probably constitutional. Such an ordinance would help mobile home owners sell their units because the new owners would be assured of reimbursement should the Pines be closed. Councilmembers Kritzler, Anderson and Shirley said that some action needed to be taken now to protect the residents. Mayor Berg and Councilmember Redepenning said that the proposed ordinance would reduce the flexibility that the City would have in assisting the residents. Councilmember Shirley moved that staff be instructed to prepare a park closing ordinance based upon the Bloomington model with some revisions. The motion died for lack of a second. After additional discussion Councilmember Kritzler moved and Councilmember Shirley seconded the motion that staff be instructed to prepare a park closing ordinance based upon the Bloomington model with some revisions. MARCH 20, 1990 COUNCIL MEETING PAGE 4 A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Nay; Mayor Berg, Nay. The motion carried. The City Council then discussed various ways that the Bloomington ordinance could be approved. (b) CONSIDER ACTION - CIGARETTE VENDING MACHINE ORDINANCE Staff recommended that the Council approve the following motion: Move that the Hopkins City Council approve Ordinance No. 90-675 for first reading. This action would begin the process of amending Section 1155 of the Hopkins city Code to prohibit the sale of tobacco products through the use of vending machines. Assistant City Manager Genellie discussed the background of this ordinance. Several local business people and vending industry representatives appeared to object to the proposed ordinance. Thomas Briant, an attorney representing the vending machine industry, passed out a copy of the bill currently before the Minnesota legislature. He said the industry supported this bill. Ann Keen, a resident of Hopkins, testified in support of the proposed ordinance. Councilmember Kritzler moved to approve for first reading Ordinance No. 90-675. The motion died for lack of a second. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to approve an ordinance similar to the state bill for first reading. _ - A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Nay; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried. (c) CONSIDER ACTION - AUTHORIZE NEW ENGINEERING TECHNICIAN POSITION Staff recommended adoption of the following motion: Move to authorize the addition of one engineering technician position. Jon Thiel and Jim Gessele stated that due to the extensive amount of projects currently underway and anticipated over the next several years, the higher level of service devoted to Public Works maintenance functions and the support required by the Community Development Department this additional position is considered to be necessary. MARCH 20, 1990 COUNCIL MEETING PAGE 5 There were several questions from the Council concerning the need for this position, the timing of this request, and how the position would be paid for. The Council requested additional information from staff. Councilmember Shirley moved and Councilmember Anderson seconded the motion to continue this item. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. (d) CONSIDER ACTION - AUTHORIZE PROFESSIONAL SERVICES FOR ENGINEERING & PLANNING - MAINSTREET RECONSTRUCTION Staff recommended adoption the following motion: Authorize the Mayor and City Manager to enter into an agreement with Westwood Professional Services, Inc. for engineering and planning professional services for Mainstreet reconstruction from Washington Avenue to Shady Oak Road. Councilmember Anderson wanted input from the public prior to spending any more money on this project. After some discussion it was determined that the appropriate time to solicit additional input would be after Westwood completed phase one of their study. Councilmember Redepenning moved and Councilmember Shirley seconded the motion to authorize the Mayor and City Manager to enter into an agreement with Westwood Professional Services, Inc. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. (e) CONSIDER ACTION - REVISE TRAVEL & EXPENSE REIMBURSEMENT POLICY Staff recommended that the Council approve the following motion: Move amending Legislative Policy #4-B, Travel & Expense Reimbursement Policy. This action will revise Policy #4-B to bring it into conformance with current IRS regulations. After discussion Coun~ilmember~edepenning--moved--~and' Councilmember Kritzler seconded the motion to approve amending Legislative Policy #4-B. MARCH 20, 1990 COUNCIL MEETING PAGE 6 A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. VI. PUBLIC COMMENTS/CONCERNS There were no public comments. VII. REPORTS - COMMITTEES/COMMISSIONS Mayor Berg reminded the Council and the audience of the upcoming open houses at City Hall. VIII. ADJOURNMENT Councilmember Redepenning moved and Councilmember Anderson seconded the motion to adjourn. The meeting adjourned by unanimous consent. Respectfully submitted, James. A. Genellie, City Clerk ~-~~nc i lmembe~s~ Mayor, Nelson W. Berg, May~/ C I T Y O F H O P K I N S PROCLAMATION WHEREAS: We recognize the critical importance of the care and healthy development of young children from infancy through their early years in school; and WHEREAS: Young children have a birthright to love, respect, security, health and protection; and WHEREAS: Those who care for and teach young children (parents, child care providers and early childhood education teachers) deserve recognition and support from our community. NOW, THEREFORE, I, Nelson W. Berg, Mayor of THE CITY OF HOPKINS, proclaim the week of April 1 - 7, 1990 to be : THE WEEK OF THE YOUNG CHILD and urge all citizens to renew their efforts to support young children, the programs that serve them and the dedicated individuals who care for an teach them. IN WITNESS WHEREOF, I have hereunto set my hand Official Signature U (Date) 1010 First Street South, Hopkins, Minnesota 55343 612/935-8474 An Equal Opportunity Employer