Loading...
09-05-1989 , , . A regular meeting of the Hopkins City Council was held on September 5, 1989 in the Council Chambers of Hopkins City Hall. Present were Mayor Berg, Councilmembers Anderson, Shirley, Kritzler, and Redepenning. Also present were City Staff Rapp, Mielke, Genellie, Kerrigan, Thiel, Gessele and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Berg called the meeting to order at 7:30 p.m. II. PROCLAMATION Mayor Berg proclaimed September 17, 1989 through September 23, 1989 as Constitution Week. III. CONSENT AGENDA 1. APPROVAL OF THE AUGUST 15, 1989 REGULAR MEETING MINUTES 2. APPROVAL OF DISBURSEMENT, PRELIST 820 3. APPROVAL OF MISCELLANEOUS LICENSES 4. APPROVE RESOLUTION CALLING FOR HEARING FOR SPECIAL ASSESSMENTS 5. APPROVE - 3.2 BEER LICENSE - JAYCEES WITH CONDITIONS 6. APPROVE - EXTENSION OF C.U.P. - SPANTEK 7. APPROVE - EXTENSION OF C.U.P. - PITT ROLFE 8. APPROVE GAMBLING LICENSE APPLICATION - COLUMBUS COUNCIL 9. SET PUBLIC HEARING FOR MODIFICATION OF REDEVELOPMENT TAX INCREMENT PLAN Mr. Rapp stated that Item #9 includes expansion of a TIF district to include the Harley Hopkins property. Councilmember Shirley moved and Councilmember Redepenning 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 HEARING (a) STORM SEWER UTILITY , . September 5 Page 2 Mayor Berg opened the public hearing at 7: 40 p. m. Several citizens appeared before council to voice their concerns over the ordinance. Steve Mielke showed the audience charts on how the cost was determined. After discussion Councilmember Anderson moved and Councilmember Shirley seconded the motion to close the hearing at 7:55 p.m. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kri tzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. SECOND READING OF STORM SEWER UTILITY ORDINANCE Staff recommended the following action: That the City Council approve for second reading the Storm Water Utility Ordinance, Ordinance No.89-640. Councilmember Anderson moved and Councilmember Kritzler seconded the motion to approve Ordinance No. 89-640 and order published. 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) I.R.B. RESOLUTION - POWELL CANDY CO. Mayor Berg opened the hearing at 7:57 p.m. Mr. Kerrigan explained that there had been no changes since this item was first presented. Since no one appeared concerning this issue, Councilmember Anderson moved and Councilmember Shirley seconded the motion to close the hearing at 8: 02 p.m. APPROVE - I.R.B. RESOLUTION - POWELL CANDY COMPANY Staff recommended adoption of the following motion: Approval of Resolution No. #89-78 giving preliminary approval to a project pursuant to Minnesota Statues section 469.154, authorizing the submission of an application for approval of the project to the Commissioner of the Department of Trade & Economic Development of the State of Minnesota and authorizing the preparation of necessary documents and material in conjunction with the project. . . S ptemb r 5, 1989 Page 3 Approval of this motion would allow the application to be submitted to the state for consideration of an allocation. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to adopt Resolution #89-78 approving the project. 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. V. OLD BUSINESS (a) CONSIDER ACTION - SECOND READING OF LIQUOR ORDINANCE Staff recommended the following motion: Move that the Hopkins City Council approve Ordinance #89-644 for second reading and order published. This action will amend section 1200 of the Hopkins City Code to allow for sunday liquor sales between the hours of 10:00 a.m. and 1:00 a.m. in conjunction with the serving of food. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to approve Ordinance #89-6446 for second reading and order published. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember shirley, Aye; Councilmember Kri tzler , Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. (b) CONSIDER ACTION - SECOND READING OF NUISANCE ORDINANCE Staff recommended continuance until September 19, 1989 Council meeting. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to continue this item until september 19, 1989. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kri tzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. , . September 5, 1989 Page 4 VI. NEW BUSINESS (a) CONSIDER ACTION - C.U.P. DAY CARE CENTER NOAH'S ARK Staff recommended approval of the following motion: Move approval of Resolution No. 89-73 with conditions to allow daycare at 1408 Mainstreet. Noah's Ark Daycare Center is requesting a CUP to operate a daycare. The ordinance requires that daycares in a B-3 district receive a conditional use permit with the following conditions: 1. An area of 50 square feet or more per design capacity is provided outside, enclosed by a five foot high appropriately designed fence. 2. Said operation shall have a State permit. Beth Held, Vice President of Noah's Ark appeared before council to answer questions. After a brief discussion Councilmember Anderson moved and Councilmember Redepenning seconded the motion to approve Resolution #98-73 allowing a daycare at 1408 Mainstreet 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. (b) CONSIDER ACTION - C.U.P. APPLICATION SUPER-VALU Staff recommended approval of the following motion: Move approval of Resolution No. Z89-17 with conditions to allow the construction of a 88,394 square foot addition at the Super Valu perishable site, 715 5th Street South. Gary Ostberg and Bob King appeared before Council to explain the new building and discuss the traffic problems that might occur. Mr. Osberg showed plans for the new building and additional parking for there employees. He also requested that the building plan show an additional height up to 45 feet. This addition is within the approved code. Several people appeared before Council to voice their concerns over the increased traffic and lighting the new addition would create. S ptember 5, 1989 Page 5 After a brief discussion Councilmember Anderson moved and Councilmember Shirley seconded the motion to adopt Resolution No. Z89-17 with conditions including two additional conditions and an add on to Condition #4. The add on being that they will discuss the lighting site when reviewing the new landscapingf plans. The two additional conditions being: 5. Review of CUP if traffic problems develop on 11th Avenue. 6. Review of CUP if traffic problems occur elsewhere in the city in residential areas. 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. (c) CONSIDER ACTION - 1ST READING ZONING ORDINANCE AMENDMENT RE: BINGO Staff recommended approval of the following motion: Move to adopt Resolution No.89-77 approving Ordinance #89-637 for first reading, which would allow bingo halls in the B-3 district. Councilmember Anderson expressed concern over this ordinance. He felt that additional bingo halls in Hopkins were unnecessary. After a brief discussion Councilmember Kritzler moved and Councilmember shirley seconded the motion to adopt Resolution No. 89-77 approving Ordinance 89-637 for first reading. A poll of the vote was as follows: Councilmember Anderson, Nay; Councilmember Shirley, Aye; Councilmember Kri tzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried. At this time Mayor Berg moved Item No. #k up on the agenda. (k) CONSIDER ACTION - HENNEPIN COUNTY CONDITIONAL USE PERMIT - TEMPORARY ASH STORAGE september 5, 1989 Page 6 staff recommended approval of the following motion: Move approval of a Resolution with conditions to allow the temporary storage of ash. Vern Genzlinger from Hennepin County informed the Council that Medina had approved the waste treatment plant and that their need was for six to eight weeks of storage at the Hopkins facility. He said the County would agree to the 31 conditions that the Resolution contained includingd containers for the ash. Pat Murphy, Director of Public Works for Hennepin County was also present. John Malecha, Bill Egeberg and John Novak were just a few of the citizens expressing their concerns and fears in allowing the ash to be stored in Hopkins. Three of the biggest concerns were the proximity to homes, parks and food distribution. Leslie Davis representing Earth Protectors also appeared, stating that his group is dedicated to not letting the ash burning plant start up at all. After a great deal of discussion including the Mayor and Councilmembers feelings concerning the storage of the ash, Councilmember Shirley moved and Councilmember Anderson seconded the motion to approve Resolution #89-79 containing the following findings of fact: 1. The proposed site is in close proximity to residential neighborhoods and food handling facilities. 2. The storage of ash in the manner proposed does not provide adequate safeguards to protect the health, safety and welfare of the community. 3. Hennepin County has not provided enough information on the probable make-up and composition of the ash. 4. Alternative storage methods have not adequately been explored to assure the best method of storage. 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. Mayor Berg complimented the City Staff on the objective way they handled this request. . . . September 5, 1989 Page 7 (d) CONSIDER ACTION - 1ST READING AMUSEMENT DEVICE ORDINANCE Staff recommended approval of the following motion: Move to adopt Resolution No. 89-44 approving Ordinance 89-639 regarding amusement devices for first reading. Approval of this amendment would limit the amusement devices in the B- 1/B-2 districts based on the square footage of the buildings. The commission was concerned that an establishment in the B-1/B-2 district could have a large number of amusement devices and amusement devices could eventually become the principal use of the business. After discussion Councilmember Shirley moved and Councilmember Kritzler seconded the motion to adopt Resolution No. 89-44 and approve Ordinance #89-639 for first reading. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Abstain; Mayor Berg, Aye. The motion carried. Councilmember Shirley moved and Councilmember Anderson seconded a motion to look at the results of the ordinance within a year and determine if the number of amusement devices has increased. The also moved to refer to Zoning and Planning the issue of prohibiting arcades in the B-3 district. A poll of the vote was follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. (e) CONSIDER ACTION - AMENDING CITY ZONING ORDINANCE - KENNELS Staff recommended the following motion: Move to adopt Resolution No. #89-58 adopting Ordinance #89-642 for first reading which would allow commercial kennels in the industrial districts. Approval of this motion would allow commercial kennels in the industrial district. This amendment to the zoning ordinance is needed to clarify the present ordinance concerning kennels. After a brief discussion Councilmember Shirley moved and Councilmember Anderson seconded the motion to approve Resolution #89-58 adopting Ordinance #89-642 for first reading. . . t. September 5, 1989 Page 8 A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kri tzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. (f) CONSIDER ACTION - AMENDING CITY CODE RE: KENNEL LICENSES Staff recommended that the Council approve the following motion: Move that the Hopkins City Council approve Ordinance NO. #89-636 for first reading, amending Sections 925.01 and 1010.15 of the Hopkins City Code. This action would clarify the Hopkins City Code by removing any exception to having a maximum of two dogs in a dwelling unit. It will also delete the $85.00 license fee for kennels. Kennels are licensed by the State of Minnesota. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to approve Ordinance #89-636 for first 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. (g) CONSIDER ACTION - AGREEMENT - MERRIAM PARK Staff recommended adoption of the following motion: Move to authorize execution of a real estate exchange agreement between the City of Hopkins, Hopkins Housing & Redevelopment Authority and Merriam Park Company contingent upon approval by both the City Council and HRA board. Adoption of this motion would allow the transfer of property between the various parties identified above. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to authorize the execution of a real estate exchange agreement. 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. September 5, 1989 Page 9 (h) CONSIDER ACTION - WAIVER OF PLATING REQUIREMENTS - MERRIAM PARK Staff recommended approval of the following motion: Move approval of Resolution No. 89-76 with conditions to allow a waiver of the plat. Approval of this motion would allow the city to continue to have access to a portion of public parking. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to approve Resolution No. 89-76 with conditions to allow a waiver of the plat. 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) CONSIDER ACTION - VETERANS MEMORIAL DOWNTOWN PARK Staff recommended adoption of the following motion: Move to authorize the placement of a new Veterans Memorial in the Downtown Park as recommended by the Park Board. Adoption of this motion will begin the process of moving the Veterans Memorial from its current location at City Hall to the Downtown Park. The memorial will be a new memorial with the existing plaque placed on it. The staff has met with the Veterans organizations and will continue to do so. The Organizations may be paying for a portion of the cost of the new memorial. Mr. Mielke informed the Council that this is a commitment on the part of the City and there will be some cost to the City. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to authorize the placement of a new Veterans Memorial in the Downtown Park as recommended by the Park Board. 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. . . . September 5, 1989 Page 10 (j) CONSIDER ACTION - APPROVAL OF PLANS AND AUTHORIZE BIDS - STORM WATER RETENTION Staff recommended adoption of the following motion: Move to approve plans and specifications and authorize solicitation of bids for the Harley Hopkins ponding project. Adoption of this motion would allow staff to work with Wehrman Bergly Associates to solicit bids for the improvement of the Harley Hopkins storm water retention pond. After a brief discussion Councilmember Redepenning plans and specifications bids. Councilmember Shirley moved and seconded the motion to approve and authorize solicitations of 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. At this point Mr. Rapp asked the Council to move to Item No. (m) on the agenda. (m) DISCUSSION - CITY HALL CONSTRUCTION UPDATE staff recommended adoption of approve plans and specifications City Hall upper level renovations this motion will allow staff to Hall renovation. the following: Move to and authorize bids on the and addition. Approval of solicit bids for the City Marcia Wilson with Bernard Jacobs Architects, Inc. brought plans and models of the proposed renovation of the upper level of City Hall. After discussion Councilmember Shirl y moved and Councilmember Redepenning seconded the motion to approve plans and specifications and authorize bids on th City hall upper level renovations and additions. 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. . . ., September 5, 1989 Page 11 (1) DISCUSSION - PLASTICS PACKING ORDINANCE Kathy Bodmer appeared before Council to explain the activity in the surrounding areas concerning an ordinance limiting plastic packaging. Minneapolis passed an ordinance which would prohibit food establishments from selling food or beverages in packages which are not considered "environmentally acceptable packaging". To be environmentally acceptable a package must be degradable, returnable or recyclable. After discussion Council suggested taking this matter up at a later date. VII. REPORTS - COMMITTEES/COMMISSIONS Councilmember shirley informed the Council that he would be meeting with the LRT Board on September 16, 1989. VIII. ADJOURNMENT Councilmember Anderson moved and Councilmember Redepenning seconded the motion to adj ourn. The meeting adj ourned by unanimous consent. Respectfully submitted, 0Z ~~~ Pat Gi orne, Deputy City Clerk