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02-07-1989 < I A regular meeting of the Hopkins City Council was held on February 7, 1989 in the Council Chambers of Hopkins City Hall. Present were Mayor Milbert, Councilmembers Anderson, Shirley, Kritzler, and Redepenning. Also present were City Staff Rapp, Mielke, Genellie, Kerrigan, G. Anderson, Thiel, T. Anderson and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Milbert called the meeting to order at 7:30 p.m. II. CONSENT AGENDA 1. APPROVAL OF THE JANUARY 17, 1989 REGULAR MEETING MINUTES 2. APPROVAL OF THE JANUARY 10, 1989 COUNCIL WORKSHOP MINUTES 3. APPROVAL OF DISBURSEMENTS, PRELIST 806 4. APPROVAL OF MISCELLANEOUS LICENSES 5. AUTHORIZE TKDA CONTRACT - HOBBY ACRES 6. AWARD BID FOR ASPHALT ROLLER 7. APPROVE CONTRACT WITH METHODIST HOSPITAL - HEALTH SCREENING 8. APPROVE CONTRACT - VOLUNTEERS OF AMERICA - NUTRITION CENTER 9. APPROVE APPOINTMENT OF DAVE BANGERTER TO RECREATION BOARD 10. APPROVE REINSULATION OF PIPES - CITY HALL Councilmember Shirley asked if "time spent basis" is the normal type of financial agreement the City makes with TKDA. Gordon Anderson assured Councilmember Shirley that this is they way it has been done in the past. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to approve the Consent Agenda. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. III. OLD BUSINESS (a) BJAR DEVELOPMENT DISCUSSION (1) Staff recommended approval of the following motion: Approval of concept for construction of a project at the southeast corner of County Road #3 & 11th Avenue South and refer to Zoning and Planning Commission for review. February 7, 1989 Page 2 Councilmember Shirley questioned the use of a retail store. He was also concerned about the lease or sale of the property the City owns. Councilmember Redepenning felt that this new plan is not very different from the original plan. Mr. Peterson explained at the present time he is only planning to have one retail store in the proposed area. This would be about 5,730 square feet to 7,000 square feet. Steve Mielke assured the Council they would have the final say when this comes back to Council for final approval.Councilmember Kritzler moved and Councilmember Anderson seconded the motion to approve the concept for construction of a project at the southeast corner of County Road #3 and 11th Avenue South and refer to Zoning & Planning. A poll of the vote was as follows: Councilmember Redepenning, Nay; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried. (2) Staff further recommended approval of the following motion: Move to authorize transfer of City owned property to Hopkins Housing & Redevelopment authority (HRA) necessary to undertake the G.P. BAJR Project and request that the HRA lease or sell said property to G. P. BAJR Inc. contingent upon the conditions outlined in the staff report. Councilmember Anderson moved and Councilmember Kritzler seconded the motion to approve the authorization of transfer of City owned property to Hopkins Housing & Redevelopment authority (HRA) and request that the HRA lease or sell said property to G.P. BAJR, Inc. A poll of the vote was as follows: Councilmember Redepenning, Nay; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried. (b) CONSIDER ACTION - APAC LEGISLATION Staff recommended adoption of the following motion: Approve Resolution 89-12 in support of the creation of a bill which would require that when a manufactured home park becomes available for purchase that the owner of that property is required to provide notification to the president of any established organization formed by the residents of the park of the availability of this property at least 30 days prior to executing any binding purchase agreement for said property. February 7, 1989 Page 3 Adoption of this resolution would partially address notification requirements detailed in the resolution APAC is requesting the City to adopt. It would however, provide for a shorter notification period and only require that notification be provided to an established residents organization. Furthermore, approval of this resolution would not require that owners of manufactured home parks give a resident's cooperative association the first option to purchase. The Council was given a revised resolution by the APAC group. After a great deal of discussion hearing from members of APAC, MN Manufactures of Mobile Homes and our City Attorney, Councilmember Redepenning moved and Councilmember Shirley seconded the motion to adopt the Resolution presented by APAC. This resolution would give the Park residents the first right to purchase. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. IV. NEW BUSINESS (a) CONSIDER ACTION - LICENSE RENEWAL - OLYMPIC BILLIARDS Staff recommended this item be continued until the February 21st Council meeting. Councilmember Anderson moved and Councilmember shirley seconded the motion to continue this item until the February 21st Council meeting. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye, Mayor Milbert, Aye. The motion carried unanimously. (b) CONSIDER ACTION - REZONING 1202 EXCELSIOR AVENUE EAST LEADENS Zoning and Planning Recommendation: recommend approval. Unanimous vote to Staff recommended the Council adopt resolution #89-1 approving the rezoning of 1202 Excelsior Avenue East and the north 13.26 feet of 7 Blake Road South and Ordinance No. 89- 628 for first reading. This motion will make the existing building conforming while limiting the uses on the site. . February 7, 1989 Page 4 steve Mielke showed slides showing the need for improvements to this property. The archi tect for this project showed the Council the intended plan. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to adopt Resolution 89-1 approving the rezoning of 1202 Excelsior Avenue East and the north 13.26 feet of 7 Blake Road South and Ordinance No. 89-628 for first reading. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (c) CONSIDER ACTION - WAIVER OF PLAT - LEADENS Staff recommended approval of the following motion: Adopt Resolution #89-2 approving the Waiver of Plat to divide the property at #7 Blake Road South. This action will allow the north 13 feet of 7 Blake Road South to be combined with 1202 Excelsior Avenue East and the rest of the property to be combined wi th 11 Blake Road South. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to adopt Resolution #89-2 approving the waiver of plat to divide the property at #7 Blake Road South. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (d) CONSIDER ACTION - VARIANCE - LEADENS Zoning and Planning Recommendation: Voted 4-2 to deny the variance. Staff recommended that Council adopt Resolution # 89-3 denying the variance. The denial of these variances will not allow the applicant to construct the addition as proposed. . Councilmember Redepenning and Councilmember Anderson both felt that a hardship was present due to the unusual shape of the lot. After discussion Councilmember Redepenning moved and Councilmember Anderson seconded the motion to adopt Resolution #89-3 approving the variance. . February 7, 1989 Page 5 A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (e) CONSIDER ACTION - CONDITIONAL USE PERMIT - EDCO Staff recommended that Council adopt Resolution #89-8 approving Conditional Use Permit CUP 89-1 to allow construction of an 18,710 square foot building for warehouse and light manufacturing of metal building products at 41 Tyler Avenue North. The Zoning and Planning Commission unanimously voted to recommend approval. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to adopt Resolution #89-8 approving the CUP 89-1 to allow construction of an 18,710 square foot building for warehouse and light manufacturing of metal building products at 41 Tyler Avenue North. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (f) CONSIDER ACTION - OAKRIDGE FENCE Staff recommended that Council move to continue this item. Councilmember Shirley moved and Councilmember Kritzler seconded the motion to continue this item until a later date. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (g) CONSIDER ACTION - EAST END BOTTLE HOUSE - LIQUOR VIOLATION Staff recommended that Council move that the East End Bottle House off-sale liquor license be suspended for three (3) days beginning February 8, 1989. Mr. Rapp assured the Council that he had met with the owner several times and this suspension is acceptable to the owner. . February 7, 1989 Page 6 Councilmember Anderson moved and Councilmember Shirley seconded the motion to suspend the off-sale liquor license of the East End Bottle House for three days beginning February 8, 1989. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (h) CONSIDER ACTION - AUTHORIZATION OF PROFESSIONAL SERVICES Staff recommended that Council authorize the Mayor and city Manager to sign an agreement with Bonestroo, Rosene, Anderlik and Associates for professional services on the feasibility study for a pavilion/ice arena at Central Park. Jon Thiel informed Council that this Company has the best experience in providing this service. Councilmember Shirley moved and Councilmember Kritzler seconded the motion to authorize the Mayor and City Manager to sign an agreement with Bonestroo, Rosene, Anderlik and Associates for professional services on the feasibility study for a pavilion/ice arena at Central Park. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (i) CONSIDER ACTION - RECYCLING RESOLUTION Staff recommended adoption of Resolution 89-14 "Affirming the City of Hopkins' Commitment to increase the Percentage of Source-Separated Recycling." Councilmember shirley moved and Councilmember Kritzler seconded the motion to adopt Resolution 89-14. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (j) CONSIDER ACTION - RESOLUTION RE: LIQUOR LICENSE ISSUES The Hopkins Chemical Health Commission recommended the approval of Resolution #89-11 be adopted amending general policies in regarding liquor license issues. The adoption of the resolution would facilitate the procedure for dealing with liquor license violations. , February 7, 1989 Page 7 Councilmember Kritzler moved and Councilmember Shirley seconded the motion to adopt Resolution #89-11 amending the general policies in regard to liquor license issues. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (k) CONSIDER ACTION - MONITORING WELLS - LANDFILL Staff recommended that the Council move that the low bid of North Star Drilling Company of Little Falls, MN in the amount of $46,968 be accepted. After discussion Councilmember Kritzler moved and Councilmember Shirley seconded the motion to award the Bid to North Star Drill Company of Little Falls, MN in the amount of $46,968. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (I) CONSIDER ACTION - ADDITIONAL BUILDING INSPECTOR Staff recommended that Council authorize the addition of one building inspector position. Steve Mielke and Tom Anderson explained to Council the need for an additional inspector. with the increased activity in building in Hopkins it is almost impossible to keep up on the housing and apartment inspections that are needed. Councilmember Anderson moved and Councilmember Kritzler seconded the motion to authorize the addition of one more building inspector position. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. . February 7, 1989 Page 8 (m) CONSIDER ACTION - JOINING HENNEPIN COUNTY ECONOMIC DEVELOPMENT CONSORTIUM Staff recommended adoption of the following motion: The City adopt Resolution 89-13 for the purpose of joining the Hennepin County Economic Development Consortium. The adoption of the resolution commits the City to joining this organization for a period of one year. The group is working to foster economic growth and to increase the number of quality jobs for all Hennepin County residents. By joining the group for the balance of 1989 it gives the city time to evaluate the consortium and make a decision about joining in 1990. There is no cost involved for 1989. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to adopt Resolution #89-13 and join the Hennepin County Economic Development Consortium for 1989. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (n) CONSIDER ACTION - 10TH AVENUE HANDICAP PARKING Staff recommended removal of the handicap sign and space in the angle parking area on the corner of 10th and Mainstreet. Adoption of this motion will eliminate all confusion about the signage of this space. After discussion Councilmember Anderson moved and Councilmember Redepenning seconded the motion to remove the handicap sign and space in the angle parking area on the corner of 10th and Mainstreet. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. V. REPORTS - COMMITTEES/COMMISSIONS Councilmember Redepenning reported that John Hutchinson is the new President of the Park and Recreation Commission. He said that everything is proceeding and they are now working on the new picnic pavilion/ice arena. Councilmember Kritzler informed Council that the Chemical Health Commission is now working on a covenant for off-sale liquor establishments. . , I February 7, 1989 Page 9 VII. ADJOURNMENT Councilmember Redepenning moved and Councilmember Shirley seconded the motion to adjourn. The meeting was adjourned by unanimous consent. Respectfully submitted, Y2t -IJ~ Pat Gisborne, Deputy city Clerk Councilmembers: ATTEST ;: ,it (jLa-dl ~t7~a~~L.. D~nald J. ~er , MaYOr-'--