07-11-1989
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A regular meeting of the Hopkins City council was held on
July 11, 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 and City Attorney Jerre
Miller.
Jim Genellie, City Clerk, swore in Nelson Berg as the new
Mayor, and Chuck Redepenning and Jim Shirley as
Councilmembers.
I . CALL TO ORDER
Mayor Berg called the meeting to order at 7:45 p.m.
II. CONSENT AGENDA
1. APPROVAL OF THE JUNE 20, 1989 REGULAR MEETING MINUTES
2. APPROVAL OF DISBURSEMENTS, PRELIST 816
3. APPROVAL OF MISCELLANEOUS LICENSES
4. APPROVAL ENGINEER'S REPORT - 8TH TO 9TH AVENUE SOUTH,
MAINSTREET TO 1ST.
6. APPROVAL ENGINEER'S REPORT - ALLEY 6TH 77TH AVENUE
1ST AND 2ND STREET
7. MAYOR REAPPOINTMENT TO THE PARK BOARD
(John Hutchinson, Christy Smith, Marcia Taubr)
councilmember Kritzler asked that Item Number 6 be held
until the end of the meeting. Councilmember Kritzler moved
and Councilmember Shirley seconded the motion to approve the
balance of 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.
III. OLD BUSINESS
CONSIDER ACTION GAMBLING LICENSE APPLICATION - CYSTIC
FIBROSIS FOUNDATION
Staff recommended adoption of the following motion: Move
that the Hopkins City council adopt Resolution #89-46
disapproving the issuance of a charitable gambling license
to the Cystic Fibrosis Foundation at Lindee's.
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Jim Genellie explained to the Council the alternatives the
City would have concerning Charitable gambling. After
discussion Councilmember Anderson moved and Councilmember
Redepenning seconded the motion to adopt Resolution #89-46
disapproving the issuance of a charitable gambling license
to the Cystic Fibrosis Foundation at Lindee's.
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July 11, 1989
Page 2
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. NEW BUSINESS
(a) CONSIDER ACTION SUPER VALU CONDITIONAL USE PERMIT
Staff recommended approval of the following motion: Move
approval of Resolution #89-35 to remodel the Farmhand
building on the Super Valu site at 101 Jefferson Avenue
South.
Bob Knudson representing Super Valu appeared before the
Council to show plans and landscaping to the Council. After
discussion Councilmember shirley moved and Councilmember
Kritzler seconded the motion to approve Resolution #89-35
approving the CUP to Super Value
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 CONDITIONAL USE PERMIT - BLAKE
SCHOOL
Staff recommended adoption of the following motion: Move
that the Hopkins City council approve a fourth condition to
Resolution #89-27. Adding to the CUP allowing Blake School
to add lighting to the parking area and along the roadway
for safety. The lights would be 25 feet high and use both a
timer and photo cells. The athletic field lights will use 90
and 70 foot poles. Staff recommended approval with the
conditions that the lighting is confined to the site and
will not negatively impact the surrounding area as a fourth
condition on Resolution #89-27.
Uary Roller made the presentation to Council showing where
the lighting would be. Mr. Roller assured the Council that
the lighting would not impact the neighborhood.
Councilmember Redepenning wanted assurance that the fence
would be as presented and not visible from the road. Mr.
Roller assured the Council that the fence would be located
as presented to Council. Councilmember Anderson moved and
Councilmember Redepenning seconded the motion to approve a
CUP for Blake School with the conditions stated on
Resolution #89-27.
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July 11, 1989
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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.
(c) CONSIDER ACTION - FINAL PLAT APPROVAL - OAKTON RIDGE
Staff recommended the adoption of the following motion:
Move that the Hopkins City council adopt Resolution #89-50
which approves the final plat of Oakton Ridge. The
preliminary plat was approved on June 6, 1989. There have
been no changes.
Councilmember Kritzler moved and Councilmember Redepenning
seconded the motion to adopt Resolution #89-50 approving the
final plat of Oakton Ridge.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember shirley, Aye; Councilmember Kri tz ler ,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried unanimously.
(d) CONSIDER ACTION - ZONING AMENDMENT TO ALLOW BINGO
HALLS IN B-2 AND B-3 DISTRICTS
(1) Staff recommended approval of the following
motion: Move approval of a Resolution to allow Bingo Halls
as a Conditional Use in the B-2 and B-3 districts and accept
Ordinance #89-637 for First Reading.
Approval of this motion will allow Bingo Halls in the B-2
and B-3 districts as a conditional use.
The Jaycees and Lions proposed to conduct Bingo at 918-924
Mainstreet. This building is currently being renovated by
Ed stiele. This Bingo operation would be part of their
charitable gambling operations and the money earned would be
donated to various groups.
Steve Monaghan President of the Jaycee's and Brad Johnson
who is in charge of the Charitable gambling for the Jaycee's
appeared before to Council to present their reasons for
wanting to operate a Bingo Hall. Several people representing
the VFW, KC's, and concerned citizens appeared befor
Council to voice their objections concerning this proposal.
After a great deal of discussion Councilmember Shirley
moved and Councilmember Redepenning seconded the motion to
deny the Resolution allowing Bingo halls as a conditional
use in the B-2 and B-3 districts.
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July 11, 1989
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A poll of the vote was as follows: Councilmember Anderson,
Abstain, Councilmember shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Nay. The
motion carried.
2. After further discussion Councilmember Shirl y
moved that the City council direct staff to prepare findings
of fact amending the zoning ordinance to prohibit Bingo
Halls in B-2 and B-3 zones. The motion failed for lack of
a second.
Councilmember Kritzler moved and Councilmember shirley
seconded the motion to refer to staff and the Zoning &
Planning commission to study and recommend action
concerning:
1) Allowing Bingo Halls in B-3 zones, or
2) Recommend language to not allow Bingo Halls in the
City of Hopkins
A poll of the vote was as follows: Councilmember Anderson,
Abstain, Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried.
(e) CONSIDER ACTION - HOPKINS JAYCEES CONDITIONAL USE
PERMIT
Staff recommended approval of the following motion: Move
approval of Resolution #89-37 for a Conditional Use Permit
by the Hopkins Jaycees to operate a Bingo Hall.
Councilmember Redepenning moved and Councilmember Kritzler
seconded the motion to deny Resolution #89-37. A poll of
the vote was as follows: Councilmember Anderson, Abstain;
Councilmember Shirley, Aye; Councilmember Kritzler, Aye;
Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion
carried.
(f) CONSIDER ACTION - BINGO LICENSE APPLICATION BY
JAYCEES
Staff recommended adoption of the following motion: Move
that the Hopkins City Council finds that the gambling
license application of the Hopkins Jaycees is consistent
with the existing City policy on Charitable gambling.
Adoption of this motion will allow the application to be
considered by the Gambling Control Board.
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July 11, 1988
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councilmember Shirley moved and Councilmember Redepenning
seconded the motion to approve Resolution #89-52
disapproving issuance of a gambling license for a Bingo
Hall.
A poll of the vote was as follows: Councilmember Anderson,
Abstain; councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried.
(g) CONSIDER ACTION - SMOKING POLICY - COMMUNITY CENTER
Staff recommended adoption of the following motion: Move
that the Hopkins Community center, being a City owned and
operated building, be in compliance with the Minnesota CI an
Indoor Act of 1975, Laws of Minnesota 1975, Chapter 211 and
Minnesota Statutes, sections 144, 411. 417 and the City of
Hopkins Policy #4-C, effective immediately.
Approving this recommendation will
within the Center until a proper
available.
establish no
smoking area
smoking
is made
After discussion and assurance that a smoking area be
provided after the renovations are complete Councilmember
Redepenning moved and Councilmember kritzler seconded th
motion to approve the recommendation and establish no
smoking at the Community Center until a proper smoking area
is made available.
A poll of the vote was as follows: Councilmember Anderson,
Nay; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried.
(h) CONSIDER ACTION - JOSEPH VESELY PLAQUE IN DOWNTOWN
PARK
Staff recommended adoption of the followin~ motion: Mov
that a Joseph C. Vesely memorial plaque be installed in
Downtown Park, and implementation of a dedication ceremony.
Councilmember Anderson moved and Councilmember Redepenning
seconded the motion to install a Joseph C. Vesely memorial
plaque in Downtown Park and implementation of a dedication
ceremony.
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 carri d unanimously.
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July 11, 1989
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(i) CONSIDER ACTION - PLANS FOR COUNCIL CHAMBER
RENOVATION
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Staff requested this item be continued until the next
Council meeting. After discussion Councilmember Redepenning
moved and Councilmember Kritzler seconded the motion to
continue this item until the next Council meeting.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kri tzl r,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried unanimously.
(j) CONSIDER ACTION - ORDINANCE AMENDING SECTION 1300
OF THE HOPKINS CITY CODE
Staff recommended that the Council approve the following
motions: Move that the Hopkins City Council approve
Ordinance #89-641 for first reading. This action will begin
the process of amending Section 1305.21 to delete the 30
minute parking limit from 2:00 a.m. to 6:00 a.m. and to
change the overall limit from six hours to twenty-four
hours.
After discussion Councilmember Shirley moved and
Councilmember Redepenning seconded the motion to approve for
first reading Ordinance #89-641.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kri tzler,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. Th
motion carried unanimously.
(k) CONSIDER ACTION - SELECTION OF MAYOR PRO-TEM
The Mayor selected Jim Shirley as Mayor Pro-Tem.
Councilmember Anderson moved and Councilmember Redepenning
seconded the motion to have Jim Shirley as Mayor Pro-Tem.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember shirley, Aye; Councilmember Kri tzl r,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried unanimously.
(I) CONSIDER ACTION - DEVELOPMENT ACCOUNT POLICY
Staff recommended adoption of the following motion: Move
for approval of the Development Account policy as drafted
contingent upon HRA approval.
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July 11, 1989
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Approval of this motion will establish a policy for the
Economic Development Account, which was established in the
1989 budget. This account will permit the HRA to assist in
providing a source of funding to be used to foster and
promote development and redevelopment activities within the
City of Hopkins.
steve Mielke gave the Council a brief overview of the
projects that had been completed and what to expect in the
future.
Councilmember Shirley moved and Councilmember Redepenning
seconded the motion to approve the Development Account
Policy as drafted contingent upon HRA approval.
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.
ITEM #6 on the CONSENT AGENDA
Councilmember Kri tzler was concerned about the closing of
both alleys and streets at the same time denying access to
the residents of the City. He was assured by Steve Mielke
that this would not happen.
Councilmember Kritzler moved and Councilmember Anderson
seconded the motion to approve Item #6 on the Consent
Agenda.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember shirley, Aye; Councilmember Kritzl r,
Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The
motion carried unanimously.
Councilmember Shirley made a motion to withdraw the request
for a CUP from the City of Minnetonka and put the
improvements and development on Outlet B on hold for the
time being. Councilmember Redepenning seconded the motion.
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.
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July 11, 1989
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V. REPORTS - COMMITTEES/COMMISSIONS
Councilmember Redepenning informed the Council about the
wonderful Special Olympics put on by the VFW. Councilmember
Redepenning attended the event and made a speech
congratulating the VFW and contestants on this outstanding
event.
City Manager Rapp reminded the Council of the Joint meeting
scheduled on Thursday, July 13 with the School Board. This
will be a dinner meeting and begins at 6:00 p.m.
Mr. Rapp also informed Council that Hennepin County had been
in contact with him about temporarily using the Landfill
site for disposing of the ash residue. He will keep the
Council informed about this request.
VI. ADJOURNMENT
Councilmember Redepenning moved and Councilmember Shirley
seconded the motion to adj ourn. The meeting adj ourned by
unanimous consent.
Respectfully submitted,
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Pat Gisborne, Deputy City Clerk