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05-01-90A regular meeting of the Hopkins City Council was held on May 1, 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, Kerrigan, Thiel, Anderson and Gessele. I. CALL TO ORDER Mayor Berg called the meeting to order at 7:37 p.m. II. PRESENTATION - RECYCLING AWARD Mayor Berg informed the council and public about the City receiving an outstanding III. CONSENT AGENDA ® · 3. 4. 5. 6. · · · APPROVAL OF THE APRIL 17, 1990 REGULAR MEETING MINUTES APPROVAL OF APRIL 10, 1990 WORKSHOP MINUTES APPROVAL OF DISBURSEMENTS, PRELIST 836 APPROVAL OF MISCELLANEOUS LICENSE ESTABLISH A PAPER PROCUREMENT POLICY APPROVE REQUEST FROM ARTS FAIR TO USE 9TH AND MAINSTREET LOT RESOLUTION ACCEPTING PETITION AND ORDERING FEASIBILITY REPORT - ALLEY PROJECT AUTHORIZE TRAFFIC - WASHINGTON AVENUE BETWEEN MILWAUKEE AND THIRD STREET SOUTH ADOPT RESOLUTION RE: TAX FORFEITED PROPERTY Councilmember Anderson moved and Councilmember Shirley 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. IVo OLD BUSINESS (a) CONSIDER ACTION - SECOND READING PARK CLOSING ORDINANCE Staff recommended adoption of the following motion: Approve for second reading Ordinance No. 90-678 providing notice and public hearing prior to closure or conversion of use of Manufactured Home Park, requiring park owners to pay reasonable relocation costs to displaced residents and requiring payment of additional compensation due to certain displaced residents. May 1,. 1990 Page 2 The approval of this ordinance will create more strict requirements for a park owner, developer, and possibly the city as relates to the closing of a mobile home park and the payment of relocation costs. Kathy Conolly, Attorney for the owners of the Pines challenged the constitutionality of the Ordinance. She stated that making the owners of a private business pay a penalty for selling a business is unfair and immoral. She asked that clarification of Subdivision #3 be made in the ordnance. Mayor Berg agreed with her and asked the Councilmembers to change the reading of Section 445.15, Subd. 3. The section would now read: Approval of any application for a building permit, rezoning, platting, subdivision, conditional use permit, special use permit or variance in conjunction with a park closing shall be conditioned upon the requirements of this Ordinance for payment of relocation costs and additional compensation having been satisfied. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to amend the wording of Section 445.15, Subd. 3. 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. After a great deal of discussion Councilmember Anderson moved and Councilmember Kritzler seconded the motion to approve Ordinance No. 90-678 as amended for second reading and order published 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. May 1, 1990 Page 3 V. NEW BUSINESS (a) . 673 CONSIDER ACTION - FIRST READING OF ORDINANCE NO. 90- Staff recommended approval of the following motion: Move to approve Resolution No. 90-13 adopting for first reading and setting a date for second reading Ordinance No. 90-673 regarding the use of trailers for storage in the business districts. Approval of this motion will prohibit the use of trailers for commercial and storage purposes within the business districts. Councilmember Kritzler moved and Councilmember Redepenning seconded the motion to adopt Resolution No. 90-13 approving Ordinance No. 90-673 for first reading setting May 15, 1990 for second reading. 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) CONSIDER ACTION - FIRST READING TO AMEND ZONING ORDINANCE RE: PARKING FOR FAST FOOD RESTAURANTS Staff recommended the following motion: Move to approve Resolution No. 90-48 adopting for first reading Ordinance No. 90-676 establishing new parking requirements for fast food restaurants. Staff recommended that the ordinance be amended to require a parking ratio that is reasonable to the parking that is actually needed for fast food restaurant. The existing ordinance requires more parking than necessary. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to adopt Resolution No. 90-48 approving for first reading Ordinance No. 90-676. 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. May 1, 1990 Page 4 (c) CONSIDER ACTION - AUTHORIZE PUBLIC HEARING AND NEGOTIATE AGREEMENTS - WELL SITE Staff recommended the adoption of the following motion: Move to authorize staff to negotiate redevelopment agreements with Marcus Corporation for the sale of 302 Blake Road North. Move to authorize a public hearing be set for the sale on June 5, 1990. This recommendation allows staff to proceed with negotiating the necessary redevelopment agreements for the sale of the surplus well site. After a brief discussion Councilmember Redepenning moved and Councilmember Anderson seconded the motion to authorize staff to negotiate the redevelopment agreements with Marcus Corporation for the sale of 302 Blake Road setting a public hearing for June 5, 1990. 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 - APPROVE BIDS - PARK PAVILiON/ARENA Staff recommended the following motion: Move to approve bids totalling $1,750,265.00 and authorizing the Mayor and City Manager to enter into contracts with the approved sub- contractors. Adoption of this motion wouldl authorize contracts to be signed which would allow the City to begin the Pavilion/Ice Arena construction. Jim Malin, Architect from Bonestroo Rosene Anderlik and Associates and Tom Sackett, Project Manager were present to answer questions. The Council was concerned about the dehumidification of the building. Jon Thiel informed Council that the dehumidification was on hold until the final bids were in. He felt that the bids would come in at a somewhat lower estimate and that it would be added at that time. After discussion Councilmember Shirley moved and Councilmember Kritzler seconded the motion to approve the bids for the Park Pavilion/Arena and authorize the Mayor and City Manager to sign the contracts. 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. May 1, 1990 Page 5 (e) CONSIDER ACTION - APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISING FOR BIDS - CAMBRIDGE STREET Staff recommended the following motion: Move that Council adopt Resolution No. 90-54A approving plans and specifications for the Cambridge Street reconstruction, Project 90-02, and authorizing the advertising for bids. Mr. Lindee appeared before Council to state that he is satisfied with the proposal after being assured the roadway would be kept open during his business hours. Both Jim Gessele and Jon Thiel assured the Council that this would be part of the contract and that they would be monitoring the progress on a day to day basis. After discussion Councilmember Anderson moved and Councilmember Shirley seconded the motion to approve the plans and specifications for the Cambridge Street reconstruction and authorize the advertising for bids. 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. (f) CONSIDER ACTION - GAMBLING LICENSE - GOLDEN VALLEY BASEBALL, INC. Staff recommended adoption of the following motion: Move that the Hopkins City Council adopt Resolution No. 90-57 disapproving the issuance of a gambling license to Golden Valley Baseball, Inc. Golden Valley Baseball, Inc. has applied for a gambling license at La Guitarra (formerly the Leaning Tower). Staff is of the opinion that Golden Valley Baseball, Inc. does not meet the requirements of the City's charitable gambling policy. The current gambling application lists a Hopkins address. There is considerable doubt that Golden Valley Baseball's principal location or office is within the City of Hopkins. John Zastrow addressed the Council concerning the application. He stated that his organization is connected with the Minnetonka-Hopkins School district therefore should be eligible under the City's Charitable Gambling Policy. May 1, 1990 Page 6 After discussion Councilmember Anderson moved and Councilmember Redepenning seconded the motion to adopt Resolution No. 90-57 with a wording change to include: does not meet the Charitable Gambling Policy of the city of Hopkins" 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. (g) 3.2 BEER LICENSE - HOPKINS JAYCEE'S Staff recommended approval of the following motion: Move to approve the Hopkins Jaycee's 3.2 beer license for Mainstreet days. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to approve the 3.2 beer license for the Hopkins Jaycee's with conditions. 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. (h) CONSIDER ACTION - ADOPT RESOLUTION CHANGING CABLE COMPANY NAME Staff recommended that the Council approve the following motions: Move approval of Resolution No. 90-56A giving approval to grantee to change name from Roger Cablesystems to KBL Cablesystems d/b/a as Paragon Cable. After a brief discussion Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to adopt Resolution No. 90-56A. 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. May 1, 1990 Page 7 (i) CONSIDER ACTION - FIRST READING ORDINANCE AMENDING CABLE FRANCHISE AGREEMENT TO CHANGE NAME Staff recommended that the Council move approval for first reading of Ordinance No. 90-679 amending Ordinance No. 81- 486~hanging name 6~ grantee. This action will allow KBL Cable, which purchased the cable systems from Rogers Cable, to officially change their name to KBL Cablesystems of the Southwest, Inc. (KBLCSI) d/b/a Paragon Cable. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to approve for first reading Ordinance No. 81-679. 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. (i) SET DATE FOR DISCUSSION MEETING WITH COMMUNITY LEADERS Move to set a date for executive session with Neighborhood Associations. Mr. Mielke suggested that the Council meet with the presidents of the various homeowners associations to discuss topics of City- wide concern and to narrow in on neighborhood concerns regarding city services. Council suggested that the meetings be held during the months that have five Tuesdays. Mr. Mielke said he would try and set something up for May. VI. PUBLIC COMMENTS/CONCERNS There were no public comments. VII. REPORTS - COMMITTEES/COMMISSIONS Councilmember Kritzler reported that a worksession is being planned by the Cable Commission. Councilmember Redepenning reminded the Council to attend the Mainstreet and Art Festival Days functions. May 1, 1990 Page 8 VIII. ADJOURNMENT Councilmember Redepenning moved and Councilmember Anderson seconded the motion to adjourn. The meeting adjourned by unanimous consent. Respectfully submitted, Pat Gisb6rne, Deputy City Clerk COUNC I LMEMBERS: ,~,