11-15-1988
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A regular meeting of the Hopkins city council was held on
November 15, 1988 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, Thiel, G. Anderson, Robinson,
Fritsinger, and City Attorney Miller.
I . CALL TO ORDER
Mayor Milbert called the meeting to order at 7:30 p.m.
II. CONSENT AGENDA
1. APPROVAL OF THE NOVEMBER 1 REGULAR MEETING MINUTES
2. APPROVAL OF DISBURSEMENTS, PRELIST 801
3. APPROVAL OF MISCELLANEOUS LICENSES
4. APPROVAL OF APPOINTMENT OF JOHN NOVAK TO THE ZONING &
PLANNING COMMISSION
5. APPROVAL OF GAMBLING LICENSE RENEWAL - VFW
6. APPROVAL OF CONTRACT - BULLET TRAP INSTALLATION
Councilmember Anderson moved and Councilmember Redepenning
seconded the motion to approve the Consent Agenda.
Councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously.
III. PUBLIC HEARING
a. CABLE TELEVISION
1. RESOLUTION APPROVING SETTLEMENT WITH CABLE OPERATOR
Staff recommended approving Resolution #88-97 approving a
settlement with the grantee under the city's cable
communications franchise ordinance regarding the extension
of the term of the CATV relief ordinance, based upon certain
modifications thereof, to a proposed transferee of the
franchise for the city's cable communication system.
Adrian Herbst appeared before the Council to explain the
Cable Commission's recommendations. He explained that the
cities would receive $3.5 million in cash and that the
franchise fee would be raised to 5%. The total would equal
approximately $5 million. In return the relief ordinance
would remain in effect until 1992.
November 15, 1988
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Councilmember Shirley wanted to know how much the relief
ordinance was worth to Rogers. Mr. Herbst admitted that the
relief ordinance was worth more than the $5 million which
the ci ties would receive. He pointed out, however, that
this was $5 million more than the cities would have received
if the system were not being sold.
Councilmember Shirley also questioned whether it would not
be better to rebid the franchise. The Cable Commission is
of the opinion that present deal is the best that can be
obtained at this time. Councilmember Redepenning wanted to
know what the new company would do with the franchise and
whether they too might ask for relief. Mr. Herbst explained
that the new company would be bound by the terms of the
relief ordinance and franchise ordinance. And, while the
new company could always ask for additional relief the
cities could turn them down.
Councilmember Anderson moved and Councilmember Kritzler
seconded the motion to approve Resolution #88-97.
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Councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously.
2. 1ST READING OF ORDINANCE 88-628 AMENDING CABLE RELIEF
ORDINANCE #88-551.
Staff recommended approving Ordinance #88-628 for first
reading. This ordinance would amend Ordinance #85-551.
Councilmember Kritzler moved and Councilmember Anderson
seconded the motion to approve Ordinance #88-628 for first
reading.
Councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously.
OTHER CABLE ITEMS
1. AUTHORIZE JOINT PUBLIC HEARING
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Staff recommended approval Resolution #88-96 authorizing a
joint public hearing concerning the sale of the cable system
to be held November 30, 1988 at Edina City Hall.
November 15, 1988
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Mr. Herbst explained that the transfer of the franchise
required a public hearing. A joint public hearing would
expedite the process. Such a hearing is allowable under
Minnesota state law.
Councilmember Redepenning moved and Councilmember Kritzler
seconded the motion to approve Resolution #88-96 authorizing
a joint public hearing.
Councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously.
2. RESOLUTION APPROVING EXTENSION OF TIME FOR EXECUTION OF
TRANSFER DOCUMENTS.
Staff recommended that the Council approve Resolution #88-95
which would extend the time for execution and filing of the
documents required by Resolution #88-41.
Mr. Herbst explained that the original resolution had a 30
day time period. The extension was necessary to get all the
documents in order.
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Councilmember Anderson moved and Councilmember Kritzler
seconded the motion to approve Resolution #88-95.
Councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously.
3. CONSIDER ACTION - CABLE COMMISSION RECOMMENDATIONS
REGARDING SOUTHWEST INSTITUTIONAL NETWORK
Staff recommended that the Council approve the
recommendations of the Southwest Suburban Cable Commission
(SWSCC) relating to the Institutional network and authorize
the expenditure of funds to enhance the residential network.
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Mr. Herbst explained that a committee of the SWSCC examined
the proposed I-Net. They recommended that the building of
the I-Net be postponed at least 5 years due to the lack of
interest in the business and educational communities. The
committee did recommend spending some money to enhance the
residential network which would allow for some additional
two way channels for educational purposes.
Councilmember Anderson moved and Councilmember Kritzler
seconded the motion to approve the recommendations of SWSCC
regarding the I-Net.
Councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously.
November 15, 1988
Page 4
b. HOBBY ACRES STREET RECONSTRUCTION
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staff recommended that the Council approve Resolution #88-90
ordering installation of storm sewers and the reconstruction
of streets in Hobby Acres.
The engineering firm of TKDA presented the plans for
reconstructing the street. They compared the costs of a 2"
overlay with complete reconstruction. They estimated that a
2" overlay would cost approximately $1,300 per lot while a
complete reconstruction would cost about $4,300 per lot. An
overlay would only last 3 to 5 years at which time a
complete reconstruction would probably be necessary.
Councilmember Shirley asked staff to estimate what the city
is currently spending on maintenance of the Hobby Acres'
streets. Jon Thiel estimated that the City is spending in
excess of 20% of its street maintenance budget on Hobby
Acres which comprises only 4% of the City's streets.
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Residents from Hobby Acres had a number of questions and
concerns primarily dealing with curb and gutters and the
width of the new streets. TKDA will meet with the residents
when final plans have been completed.
Councilmember Shirley
seconded a motion to
installation of storm
streets in Hobby Acres.
moved
approve
sewers
and Councilmember Anderson
Resolution #88-90 ordering
and the reconstruction of
Councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously.
IV. OLD BUSINESS
(a). CONSIDER ACTION - SECOND READING OF ORDINANCE CHANGING
ZONING ORDINANCE IN REGARD TO SIDEYARDS IN INDUSTRIAL AREAS
Staff presented additional information which Council had
requested and recommended adoption of Ordinance #88-622 for
second reading and publication.
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Councilmember Redepenning moved and Councilmember Kritzler
seconded the motion to adopt Ordinance #88-622 for second
reading and publication.
Councilmember-Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously.
November 15, 1988
Page 5
(b). CONSIDER ACTION - APPLICATION BY GP-BAJR, INC. FOR
CONDITIONAL USE PERMIT
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Staff recommended that the motion for a Conditional Use
Permit to construct a gas station, car lube and restaurant
be approved with conditions.
There was considerable discussion between Gene Peterson,
President of GP-BAJR, and the City Council concerning the
appropriate uses of this property. Mr. Peterson presented a
new proposal for this property.
Councilmember Shirley moved that the staff work with Mr.
Peterson to arrive at a mutually agreed upon retail use of
his property and the city property as far east as the water
tower. Councilmember Kritzler seconded the motion.
Councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously.
V NEW BUSINESS
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(a) CONSIDER ACTION - STOP SIGN 3RD & 5TH SO.
Staff recommended that the intersection of 5th Avenue South
and 3rd Street South be controlled with a three-way stop
sign.
Councilmember Redepenning moved and Councilmember Kritzler
seconded the motion to approve the installation of stop
signs at 3rd and 5th South.
Councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously.
(b) CONSIDER ACTION - AUTHORIZE SOLICITATION OF ENGINEER -
STORM SEWER
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Staff recommended that the Engineer'S recommendations for
storm sewers on 6th Avenue and on County Road 3 be approved
and that the City Manager be authorized to enter into a
contract with an engineering firm to design and supervise
construction of those sewers.
Councilmember Shirley moved and Councilmember Anderson
seconded the motion to approve the selection of an
engineering firm to design and supervise construction of
sewers.
councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously.
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November 15, 1988
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(c) CONSIDER ACTION - GRAND OPENING OF MUNICIPAL RAMP
staff recommended that Council authorize staff to arrange
for a grand opening ceremony for the new parking ramp.
Councilmember Anderson moved and. Councilmember Redepenning
seconded the motion to authorize staff to arrange for a
grand opening ceremony for the new parking ramp.
Councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously
(d) CONSIDER ACTION - SUBURBAN RATE AUTHORITY - MPLS-
ST. PAUL SEWER SEPARATION
Staff recommended that the Council approve Resolution #88-94
which would oppose any state wide funding to assist
Minneapolis and st. Paul in separating their storm and
sanitary sewers.
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Councilmember Anderson moved and Councilmember Redepenning
seconded the motion to approve Resolution #88-94.
Councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously.
(e) CONSIDER ACTION - CELEBRATE MINNESOTA
Staff recommended that the Council authorize a membership
application to Celebrate Minnesota 1990 and authorize staff
to prepare a grant application for an improvement project.
Celebrate Minnesota 1990 has grants available for city
beautification projects. The City must act by December,
1988 to apply for these grants.
councilmember Redepenning moved and Councilmember Kritzler
seconded the motion that staff seek funding for re-
landscaping city hall, upgrade County Road #3 from 11th
Avenue South to County Road #18, and a water tower project.
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Councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously.
(f) CONSIDER ACTION - FIRST READING ORDINANCE - SEWER RATES
Staff recommended that the Council approve the first reading
of Ordinance #88-626, which would establish sewer rates for
1989 by amending section 715.07 of the 1986 Hopkins Code of
Ordinances.
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staff recommended that the sewer rates be increased from
$1.50 per 1,000 gallons to $1.75. This increase is needed
to offset rising disposal fees and other costs.
Councilmember Redepenning moved and Councilmember Kritzler
seconded approving Ordinance #88-626 for first reading.
Councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously.
(G) CONSIDER ACTION - FIRST READING ORDINANCE - GARBAGE
RATES
staff recommended that the Council approve Ordinance #88-627
for first reading. This ordinance would increase garbage
rates from $10.90 to $11.90 by amending section 605.15 of
the 1986 Hopkins Code of Ordinances.
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This action is necessary to offset rising disposal costs and
to generate additional funds to retire loans for start up
capital equipment.
Councilmember Shirley moved and Councilmember Anderson
seconded the motion to approve Ordinance #88-627 for first
reading.
Councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously.
(h) CONSIDER ACTION
RESIDENTIAL PARKING
CENTRAL BUSINESS DISTRICT
Staff recommended that the Council allow tenants to park in
any lot adjacent to their residence except the parking ramp.
The parking ramp would be closed from 2 a.m. to 5 a.m.
During snow emergencies residents would have to move their
vehicles to either lot 300 or the railroad right-of-way.
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Councilmember Kritzler moved and
seconded the motion to adopt
concerning tenant parking downtown.
Councilmember Anderson
staff recommendations
Councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously.
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November 15, 1988
Page 8
(i) CONSIDER ACTION - RECREATIONAL FACILITY PROPOSAL
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Staff recommended that the Council adopt the following Park
Board recommendations:
Approve $360,000 in park improvements as outlined in the
1989 CIP;
Approve the construction of an estimated $1,000,000 ice
arena/picnic pavilion;
Authorize staff to pursue the possible purchase of Maetzold
field.
Councilmember Anderson
seconded the motion
recommendations.
moved and Councilmember
to approve the Park
Kritzler
Board's
Councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert,Aye. The motion carried unanimously.
(j) CONSIDER ACTION - PARADE PERMIT - VFW
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staff recommended that the Council approve a parade permit
for the Hopkins V.F.W. for April 29, 1989.
There was some discussion concerning the costs to the city.
Staff had estimated costs of approximately $2,355. Several
Council members were concerned about the precedent which
would be set if the City agreed to pay these costs.
Councilmember Redepenning moved and Councilmember Kritzler
seconded the motion to approve the parade permit for the
V.F.W. and instruct staff to ask the V.F.W. to pay for any
costs incurred by the city.
Councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously.
(k) CONSIDER ACTION - MISCELLANEOUS LICENSE RENEWALS
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staff recommended that the Council approve the following
liquor licenses: Archies, Mainstreet Bar & Grill, Jim's
Liquor Mart, Leamans Liquor Store, Knutson's Liquor Store,
Richards Liquor store, Mitch's Tavern, and Lindee's Saloon &
Eatery.
Councilmember Anderson moved and Councilmember Kritzler
seconded the motion to approve the liquor licenses.
Councilmember Redepenning, Aye; Councilmember Kritzler, Aye;
Councilmember Shirley, Aye; Councilmember Anderson, Aye;
Mayor Milbert, Aye. The motion carried unanimously.
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November 15, 1988
Page 9
IX. REPORTS - COMMITTEE/COMMISSIONS
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The Council discussed the need for installment payments on
liquor licenses. They decided not to pursue the matter at
this time
X. ADJOURNMENT
Councilmember Redepenning moved and Councilmember Shirley
seconded the motion to adjourn. The meeting was adjourned
by unanimous consent.
Respectfully submitted,
~4L
m Genellie
City Clerk
Councilmembers:
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ATTEST
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Donald J. ilbert, Mayor
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