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03-17-1987 MINUTES OF THE MARCH 17, 1987 COUNCIL MEETING 1 A regular meeting of the Hopkins City Council was held on March 17, 1987 in the Council Chambers of City Hall. Present were Councilmembers: Anderson, Milbert, Shirley, and Redepenning. Mayor Lavin was absent. Also present were staff members: Rapp, Renne, Mielke, and City Attorney Miller. I. The meeting was called to order by Mayor pro tem Milbert. II. APPROVAL OF THE MARCH 3, 1987 MINUTES Mr. Mielke pointed out that Item d. "Highway 7 Improvements" should include that the Council adopted Resolution No. 87-20 calling for a hearing to be held on April 21, 1987. Mr. Anderson moved and Mr. Shirley seconded the motion to approve the minutes after amending them to include the above language. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Red penning, Aye; Mr. Milbert, Aye. The motion carried unanimously. III. APPROVAL OF DISBURSEMENTS, PRELIST #760 Mr. Redepenning moved and Mr. Anderson seconded the motion to approve th disbursements on prelist # 760 in the amount of $311,678.28. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Aye. The motion carried unanimously. IV. APPROVAL OF MISC. LICENSE APPLICATIONS (#208 -214) Mr. Anderson moved and Mr. Redepenning seconded the motion to approve the micellaneous license applications as listed. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Aye. The motion carried unanimously. V. PUBLIC HEARINGS a. COBG Funding Staff recommended that the funds in the Housing Rehabilitation Program from the repayment of previous loans be used as follows: Housing Rehabilitation Comprehensive Plan Update S niorjCommunity Center improvements $50,346 $35,000 $10,000 Mr. Anderson moved and Mr. Redepenning seconded the motion to approve the recommendation of staff. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Ay. The motion carried unanimously. MINUTES OF THE MARCH 17, 1987 COUNCIL MEETING 2 b. Liquor establishment hearings - Leamans, Archies, Richards, Opera Hall Saloon Mr. Anderson moved and Mr. Redepenning seconded the motion to continue the hearing to the April 7, 1987 meeting. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Aye. The motion carried unanimously. VI. APPEARANCE - ANOKA PEOPLE'S ALLIANCE FOR CHANGE - JANICE GROSS Janice Gross of APAC appeared before the Council on behalf of the pines Mobile Home Community. She stated that the study regarding land use for the pines site ignored 100 families living in the Pines Mobile Hom Community. She also stated that the residents of the Pines have formed a corporation to attempt to purchase the land and try to convert the Park to a Co-op. She asked that the Council either put away the feasibility study for 3 - 5 years so as not to inhibit the conversion to a co-op or to make an impact study of the effects that the closing would have on the pines residents. No formal action was taken by the Council. VII. NEW BUSINESS a. CONSIDER ACTION - BELLGROVE REZONING Mr. Phillips of 10600 Minnetonka Blvd. appeared before the Council. He expressed a concern over a proposed subdivision of his property. Mr. Anderson moved and Mr. Shirley seconded the motion to approve Ordinance 87-57~ for first reading. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Aye. The motion carried unanimously. b. WINE & BEER LICENSE CHINA ROYAL The applicant requested that this item be continued. Mr. Redepenning moved and Mr. Shirley seconded the motion to continue this item to the next meeting. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Aye. The motion carried unanimously. c. DEVELOPMENT AGREEMENT - HOPKINS AUTO MALL The City Council at its February 3rd regular meeting voted in favor of a rezoning and conditional use permit for an auto mall. The attorneys for both parties met and developed a document for the Council's consideration. The specific issues discussed within the agreement were as follows: The agreement stipUlates that the developer will deed the westerly 35 feet of the property to the ci ty prior to issuance of a building MINUTES OF THE MARCH 17, 1987 COUNCIL MEETING 3 permit. This allows for the improvement of 11th Avenue South without the City having to acquire the property. Th agreement allows the developer to utilize the Second Street South right-of-way as shown on the site plan. The City may upon 180 days notice reclaim the use of the property for any public purpose. This provision will allow the City to use the property as desired with a r asonable notice to the developer. Should the developer begin work on the Second Street South area and then decide against completion of the site, the agreement requires the d veloper to grade the area to level even with the curb line of County Road 3. Additionally, the developer would not be responsible for any cost to improve 9th Avenue but would be eligible for assessments if any are made with improvements to 11th Avenue. Mr. Anderson moved and Mr. Shirley seconded the motion to authorize th Mayor and Manager to sign the agreement. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Aye. The motion carried unanimously. d. ENGINEERS REPORT - FIRE HYDRANT - MEDALIST. An engineers report regarding a request by Medalist Sports Club for a fire hydrant installation was received by the Council. The engineer's report recommended that the City install the fire hydrant at an estimated cost of $7,015 and assess the cost to the benefiting owners for a period of 10 years at 7%. Mr. Anderson moved and Mr. Shirley seconded the motion to adopt Resolution 87-21 setting a hearing for April 2lst. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Aye. The motion carried unanimously. e. PETITION FOR SPRINKLER SYSTEM 804 - 806 - 808 MAINSTREET Th property owners at the above addresses presented a petition for a sprinkler system to be installed and assessed to the property owners. Mr. Anderson moved and Mr. Redepenning seconded the motion to adopt resolution 87-23 ordering the improvement of a sprinkler system. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Aye. The motion carried unanimously. f. PETITION FOR ALLEY 19TH AVENUE NORTH A petition was received for alley construction west of 19th Avenue North, south of 4th Street North. Mr. Shirley moved and Mr. Anderson seconded the motion to adopt resolution 87-22 requesting an engineer's report. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Ay. The motion carried unanimously. . MINUTES OF THE MARCH 17, 1987 COUNCIL MEETING 4 g. MWCC CONTRACT The Council was presented the Interceptor Maintenance Agreement # 248 with the Metropolitan Waste Control Commission. The city has performed maintenance on the Blake Street Lift Station for many years under this agreement. Mr. Redepenning moved and Mr. Shirley seconded the motion to authorize the Mayor and Manager to sign the contract for a $3,000 annual advance for 1987. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Aye. The motion carried unanimously. h. NO PARKING - PFIEFFER DRUG AND 800 LOTS Staff requested approval from the Council to post the Pfieffer Drug and 800 lot "No Parking 10 p.m. - 5 a.m." Mr. Anderson moved and Mr. Shirley seconded the motion to approv the posting as requested. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Aye. The motion carried unanimously. i. CROSSWALK REMOVAL - 10TH AVENUE AND COUNTY RD 3 The Public Works staff requested authorization to remove crosswalk striping and signs across County Road 3 from the south end of 9th Avenue North. Mr. Redepenning moved and Mr. Anderson seconded the motion to approve th removal of the above mentioned crosswalk. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Aye. The motion carried unanimously. j . PARTIAL PAYMENT #5 - BLAKE WATER TOWER Staff recommended the payment of $30,000 to Ford Tank and Painting Company, Inc. as partial payment for the painting of the Blake tower. Mr. Anderson moved and Mr. Shirley seconded the motion to approve the payment as presented. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Aye. The motion carried unanimously. k. REFUSE CONTAINER POLICY Mr. Greg Wilson, owner of 505 - 2nd Street South appeared before Council requesting that a change be made in the garbage collection policy which requires that each residential housing unit must receive and pay for one 90-gallon garbage container. After a lengthy discussion, Mr. And rson moved and Mr. Redepenning seconded the motion to retain current ordinance and pOlicies regarding . MI~TES OF THE MARCH 17, 1987 COUNCIL MEETING 5 garbage removal. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Ay. The motion carried unanimously. I. HMEA CONTRACT - 1987 Mr. Redepenning moved and Mr. Shirley seconded the motion to approve the HMEA contract as presented. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Aye. The motion carried unanimously. m. 49ERS CONTRACT Mr. Redepenning moved and Mr. Anderson seconded the motion to approve the 4gers contract for 1987 as presented. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Aye. The motion carried unanimously. n. 1-DAY BEER LICENSE - ST JOHN'S CHURCH e st. John's the Evangelist Church applied for a 3.2 beer permit for the annual church festival from 5:30 p.m. until 12:30 a.m. on April 25, 1987. Mr. Anderson moved and Mr. Shirley seconded the motion to approve the license application. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Ay. The motion carried unanimously. o. RESOLUTION REGARDING LRT Th Council was presented with a resolution supporting Hennepin County's efforts in the area of light rail transit. Mr. Anderson moved and Mr. Shirley seconded the motion to adopt resolution 87-19 as proposed. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Aye. The motion carried unanimously. p. APPROVE PLANS AND SPECS FOR BRIDGE ON 11TH AVE. SOUTH Representatives of the firm of Bakke, Kopp, Ballou and McFarlin appeared before Council to present the plans and design for a new railroad overpass bridge over 11th Avenue South. Mr. Shirley moved and Mr. Redepenning seconded the motion to accept the plans as presented and authorize solicitation of bids. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Ay ; Mr. R depenning, Aye; Mr. Milbert, Aye. The motion carried unanimously. J MINUTES OF THE MARCH 17, 1987 COUNCIL MEETING 6 q. COMMERCIAL LOAN POLICY Th Council was presented with an agreement for commercial loan funding with the First Bank Hopkins. Staff explained that the bank amended the agreement originally suggested by the city. Under 4d. the language was changed to "the loan shall not exceed 75 percent of the fair market value of the property" The original language provided for 80 percent. The bank intends only to approve the very best credit ratings and will favor buildings occupied by their owners over investment real estate. Mr. Shirley suggested that staff go to independent banks to find a bank that may cooperate with a loan program. Mr. Redepenning moved and Mr. Anderson seconded the motion to approve the agreement as presented but to direct staff to look into alternatives. A poll of the vote was as follows: Mr. Anderson, Ay ; Mr. Shirley, Aye; Mr. Redepenning, Aye; Mr. Milbert, Aye. The motion carried unanimously. COMMISSIONS/COMMITTEES: Mr. Milbert reported that the st. Patrick's Day Parade was the best ever and thanked the Committee for the work that was done. He also complimented the Hopkins Band and all others who participated. A resident asked if a "watch for children" sign could be erected at 16th and 3rd street. The City Manager said he would look into this matter. Mr. Shirley asked if anything could be done to approve the appearance of the building adjacent to the Olson/Pfieffer lot. He also asked if anything could be done about the billboard on the Reuter property. ADJOURNMENT: Mr. Redepenning moved and Mr. Shirley seconded the motion to adjourn the meeting. The motion carried unanimously. Respectfully submitted, -.:J: ~<1>tt ~ Scott Renne City Clerk " ~~~~ Donald Mil~ert, Mayor Pro Tem