06-06-1989
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A regular meeting of the Hopkins City Council was held on
June 6, 1989 in the Council Chambers of Hopkins City Hall.
Present were Mayor Milbert, Councilmembers Anderson,
Shirley, Kritzler, Redepenning. Also present were City
Staff Rapp, Mielke, Genellie, Kerrigan, Thiel and City
Attorney Jerre Miller.
I. CALL TO ORDER
Mayor Milbert called the meeting to order at 7:55 p.m.
II. CONSENT AGENDA
1. APPROVAL OF THE MAY 17, 1989 REGULAR MEETING MINUTES
2. APPROVAL OF THE MAY 13, 1989 COUNCIL WORKSHOP MEETING
3. APPROVAL OF DISBURSEMENTS, PRELIST 814
4. APPROVAL OF MISCELLANEOUS LICENSES
5. APPROVAL OF GAMBLING LICENSE RENEWAL - RASPBERRY
FESTIVAL
6. APPROVE BID AWARD - COMMUNITY CENTER AIR CONDITIONING
7. APPROVE BID AWARD 13TH AVENUE - CULVERT IMPROVEMENT
8. APPROVE - MAYORS APPOINTMENT TO ENERGY COUNCIL
9. AUTHORIZE BUDGET & AUTHORIZE CONTRACT WITH
ELECTRONIC INTERIORS FOR COUNCIL CHAMBERS AUDIO/VIDEO
& ELECTRONIC COMMUNICATIONS
10. APPROVE MAYOR'S APPOINTMENT OF LAVERNE NICHOLS TO THE
WEST HENNEPIN HUMAN SERVICES BOARD OF DIRECTORS
11. APPROVE FLAGS ON MAINSTREET
Councilmember Shirley asked that Item No. 4 and 7 be held
until the end of the meeting. 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 Milbert, Aye.
The motion carried unanimously.
III. NEW BUSINESS
(a) PRESENTATION - COMMUNITY BAND
Dave Edwards, President of westwind Community Band and Craig
Olson, President elect appeared before Council to bring them
up to date on their activities during the 1988 year and the
coming dates for 1989. They thanked the Council for all of
the support they have received. They also submitted a
financial statement. Mr. Olson informed the Council of how
important it is to the band to have the financial support of
the city. They have 55 to 60 members in the band. The Mayor
and council thanked them for appearing and commended them on
the excellent job they do representing the city.
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June 6, 1989
Page 2
(b) CONSIDER ACTION - APPROVAL OF PRELIMINARY PLAT -
PEMTOM
Staff recommended approval of the following motion: Move
approval of Resolution No. 89-34 approving a preliminary
plat for West Oaks Third Addition. Approval of this motion
will allow a final plat to be prepared for the development
of 5 townhomes. The zoning and Planning Commission had
unanimously approved the Preliminary Plat of West Oak Third
Addition.
Dan Herbst representing Pemtom appeared before Council to
advise them of the plans of Pemtom. Councilmember
Redepenning moved and Councilmember Shirley seconded the
motion to adopt Resolution 89-34 approving a preliminary
plat for West Oaks Third Addition.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning Aye; Mayor Milbert, Aye. The
motion carried unanimously.
(c) CONSIDER ACTION - APPROVAL OF CONDITIONAL USE PERMIT
- PEMTOM
Staff recommended approval of the following motion: Move
approval of Resolution No. 89-33 to construct five town-
houses within a PUD. Mr. Herbst also requested permission
for grading to be included in the Conditional Use Permit.
Steve Mielke informed Council that would be included in the
approval of the CUP.
Councilmember Redepenning moved and Councilmember shirley
seconded the motion to approve Resolution No. 89-33
approving a Conditional Use Permit for Pemtom.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Milbert, Aye.
The motion carried unanimously.
(d) CONSIDER ACTION - APPROVAL OF POLICE OFFICERS
CONTRACT
Staff recommended that the Council approve the following
motion: Move approval of the 1989 Police Officers' (LELS
Local #151); contract. This action will ratify the 1989
Police Officers contract.
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June 6, 1989
Page 3
Councilmember Anderson moved and Councilmember Redepenning
seconded the motion to approve the 1989 Police Officers
Contract.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Milbert, Aye.
The motion carried unanimously.
(e) CONSIDER ACTION - APPROVAL OF SERGEANTS 1989 CONTRACT
Staff recommended that Council approve the 1989 contract for
the Hopkins Police Sergeants Association. This action will
ratify the 1989 sergeants Contract.
Councilmember Anderson moved and Councilmember Kritzler
seconded the motion to approve the 1989 Sergeants Contract.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Milbert, Aye. The
motion carried unanimously.
(f) CONSIDER ACTION - APPROVAL OF SALARY NON-UNION
EMPLOYEES
Staff recommended adoption of 1989 non-union salary
schedule. This action will establish wage rates for the
non-union employees. After a brief discussion Councilmember
Redepenning moved and Councilmember Kritzler seconded the
motion to adopt the 1989 non-union salary schedule.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Milbert, Aye.
The motion carried unanimously.
(g) CONSIDER ACTION - RESOLUTION #89-41 REFUSE RATE
CHANGE
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Jun 6, 1989
Page 4
Staff recommended adoption of the following motion: Approve
Resolution 89-41 establishing the monthly refuse collection
rate in the city service area at $15.50 effective July 1,
1989. Hennepin County Ordinance 13 allows the County to
charge a fee of $75 per ton at weigh stations and designate
where the refuse trucks will go. The current rate of $11.90
per month per household is based on an approximate $40 per
ton disposal charge. The monthly rate must be adjusted to
cover the increased disposal charge.
Jon Thiel appeared before Council. He explained the on
going costs of recycling and regular refuse pick-up.
After discussion Councilmember Anderson moved and
Councilmember Redepenning seconded the motion to approve
Resolution #89-41 establishing the monthly refuse collection
rate in the City service area at $15.50 effective July 1,
1989.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Milbert, Aye.
The motion carried unanimously.
(h) CONSIDER ACTION - FIRST READING - AMEND LIQUOR
ORDINANCE
Staff recommended that the Council approve the following
motion: Move that the Hopkins City Council approve
Ordinance #89-636 for first reading. This action will begin
the process of amending section 1200.27 to allow for the
sale of liquor on the 4th of July and New Year's Day. The
ordinance will not go into effect in time to allow liquor
sales on the upcoming 4th of July.
After discussion Councilmember Redepenning moved and
Councilmember Anderson seconded the motion to approve for
first reading Ordinance #89-636 amending section 1200.27.
June 6, 1989
Page 5
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Nay; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Milbert, Nay.
The motion carried.
(i) CONSIDER ACTION - ADOPT RESOLUTION AND FIRST READING
OF ORDINANCE REGARDING BANNERS
Staff recommended that Council move to adopt Resolution 89-
38 and approve for first reading Ordinance 89-638. Approval
of this motion will make temporary civic signs, such as
banners and pennants which promote civic events, a permitted
use on Mainstreet in the B-2 District. Councilmember Shirley
and Councilmember Redepenning expressed concern over the
liability of the owner when allowing these banners to be
attached to their buildings. Mr. Rapp directed staff to look
into this concern.
Councilmember Shirley moved and Councilmember Anderson
seconded the motion to adopt Resolution 89-38 and approve
for first reading Ordinance 89-638.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Milbert, Aye. The
motion carried unanimously.
(j) CONSIDER ACTION - CHANGE JULY 4TH MEETING DATE
Staff recommended that the Council change the regular
Council meeting to July 11th at 7:30 p.m. because the
regular meeting date falls on the 4th of July. Councilmember
Anderson moved and Councilmember Redepenning seconded the
motion to move the regular City Council meeting to July 11th
at 7:30 p.m.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Milbert, Aye.
The motion carried unanimously.
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June 6, 1989
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(k) APPEARANCE - REPRESENTATIVES OF CYSTIC FIBROSIS
ORGANIZATION
Sharon Childs of the Cystic Fibrosis Foundation addressed
Council about having a charitable gambling license in the
City of Hopkins. The Mayor asked that she write a formal
letter with information concerning the organization and
making application at that time. At the present time this
organization does not meet the City Charitable Gambling
policy for the City of Hopkins.
At this time Item #4 on the Consent Agenda was brought
forth.
Councilmember Shirley expressed concern over Mitch's Tavern
rece1v1ng four additional amusement devices. Steve Mielke
explained to Council that several other bars in the
immediate area had more than three devices. He also
explained that the amusement devices are not a primary
business for the Tavern. All people entering the tavern are
twenty one years of age and Mr. Batanich has no desire to
have an arcade. He simply wants to compete with the other
on-sale liquor establishments offering the same type of
diversion as they do.
Councilmember Shirley moved and Councilmember Redepenning
seconded the motion to approve Item #4 concerning licenses
on the Consent Agenda.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning, Aye; Mayor Milbert, Aye.
The motion carried unanimously.
Item #7 on the Consent Agenda
Councilmember shirley expressed some concern over the bid
award on the 13th Avenue Culvert. Gordon Anderson assured
the Council that the award was fairly made. The award to be
made to Progressive Contractors, Inc. in the amount of
$521,437.30 was the low bid meeting specifications.
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June 6, 1989
Page 7
Councilmember shirley moved and Councilmember Anderson
seconded the motion to approve Item No. 7 on the Consent
Agenda.
A poll of the vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember Kritzler,
Aye; Councilmember Redepenning Aye; Mayor Milbert, Aye. The
motion carried unanimously.
IV. REPORTS - COMMITTEES/COMMISSIONS
Mayor Milbert reported that he had several inquiries about
the removal of the bus stop at 5th Ave~ue and Mainstreet.
After making inquiries it was determine~ that an accident
had occurred on the corner and the bus ~top~ould be
replaced. ~
V. ADJOURNMENT
Councilmember Anderson moved and Councilmember Redepenning
seconded the motion to adjourn. The meeting was adjourned
by unanimous consent.
Respectfully submitted,
Pat Gisborne, Deputy City Clerk
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~TEST;
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Donald J. Milbert, Mayor