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10-06-1987 .. REGULAR CITY COUNCIL MEETING OF OCTOBER 6. 1987 PAGE 1 A regular meeting of the Hopkins City Council was held on October 6, 1987 at 7:30 p.m. in the Council Chambers of Hopkins City Hall. Pr sent was Mayor Milbert and Council members Anderson, Kritzler, Red penning and Shirley. Also present were City staff: Rapp, Thiel, Renne, Mielke, G. Anderson and City Attorney Miller. I. Mayor Milbert called the meeting to order at 7:30 p.m. II. SPECIAL ORDER OF BUSINESS Mayor Milbert and Fire Chief Strawn awarded a certificate of Merit to all the members of the Fire Department who helped to protect the lives and property of Hopkins residents during the July 23rd storm. The Award of Valor was presented to James Myers, Rick Jellison, Jay Lippert, Cliff RObinson, and Rodney Shoberg. Th Mayor and City Council presented a plaque to Fire Chi f Hugh Strawn for outstanding service to the City of Hopkins. CONSENT AGENDA: 1. Approval of the Sept. 15, 1987 Regular Council meeting minutes 2. Approval of the Sept. 8 Council Workshop minutes 3. Approval of the Sept. 22nd Council Budget meeting minutes. 4. Approval of disbursements, prelist #773 - $488,256.43 5. Approval of miscellaneous license applications 6. Approval of Mayor I s appointment of Gene Maxwell to Z & P Commission 7. One-day gambling license - Variety Heart Hospital - & 30 day waiver 8. Designation of auditors for 1987 audit 9. Approval of Marcia Taubr to the Recreation Board 10. Bid approval - survey & topographical mapping 11. Approval of amendment # 1 to Hennepin County CDBG j oint coop agreement 12. Approve general retention schedule e Mr. Anderson moved and Mr. Kritzler seconded the motion to approve the items listed on the Consent Agenda. A poll of the vote was as follows: Mr. Anderson, Aye: Mr. Redepenning, Aye: Mr. Shirley, Aye; Mr. Kritzler, Aye: Mayor Milbert, Aye. The motion carried unanimously. , REGULAR CITY COUNCIL MEETING OF OCTOBER 6. 1987 PAGE 2 NEW BUSINESS: a. ON SALE LIQUOR LICENSE - MITCH'S TAVERN - 819 MAINSTREET Mr. Anderson moved and Mr. Redepenning seconded the motion to approve the on-sale liquor license. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Redepenning, Aye: Mr. Shirley, Aye: Mr. Kritzler, Ay : Mayor Milbert, Aye. The motion carried unanimously. b. APPROVAL OF CONDITIONAL USE PERMIT - ST THERESE st. Therese requested a Conditional Use Permit for a 32 square foot sign to be set 20 foot back from Feltl Court and 10 foot from Smetana Road. Mr. Redepenning moved and Mr. Anderson seconded the motion to adopt R solution 87-91 making findings of fact and approving the Conditional Use Permit with the condition that the sign is set back 20 feet from Feltl Court and 10 feet from Smetana Road.. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Redepenning, Aye: Mr. Shirley, Aye: Mr. Kritzler, Aye: Mayor Milbert, Aye. The motion carried unanimously. c. APPROVAL OF CONDITIONAL USE PERMIT - CENTRAL PARK SQUARE Ecoff & Turcotte applied for a Conditional Use Permit to construct a strip mall at 1410 - 1413 Mainstreet. The proposed construction will be at the southern end of the Country Club Market in an "L" shaped pattern to the Vent-A-Hood building. Mr. Redepenning moved and Mr. Shirley seconded the motion to adopt Resolution 87-90 making findings of fact and approving the Conditional Use Permit and to allow the developer to use the boulevard for the purpose of landscaping. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Redepenning, Aye; Mr. Shirley, Aye: Mr. Kritzler, Aye; Mayor Milbert, Aye. The motion carried unanimously. d. SIDE YARD VARIANCE REQUEST -126 - 20TH NO. Mr. Jeffery Palm applied for a side yard variance to construct a garage at 126 - 20th Avenue North. Mr. Anderson moved and Mr. Redepenning seconded the motion to adopt Resolution 87-92 approving the side yard variance with a condition that an acceptable drainage plan is submitted to the City prior to obtaining a building permit. A poll of the vote was as follows: Mr. Anderson, Aye: Mr. Redepenning, Aye; Mr. Shirley, Aye: Mr. Kritzler, Aye: Mayor Milbert, Aye. The motion carried unanimously. '" REGULAR CITY COUNCIL MEETING OF OCTOBER 6. 1987 PAGE 3 e. APPROVAL OF 1988 BUDGET Budget meetings were held on September 8 and September 22nd. A Resolution adopting the 1988 City budget was prepared. Mr. Anderson moved and Mr. Shirley seconded the motion to adopt R solution 87-96 approving the 1988 budget. A poll of the vote was as follows: Mr. Anderson, Aye: Mr. Redepenning, Aye: Mr. Shirley, Aye: Mr. Kritzler, Aye: Mayor Milbert, Aye. The motion carried unanimously. f. RESOLUTION APPROVING 1987 TAX LEVY A R solution was prepared setting the 1987 tax levy collectible in 1988. Mr. Shirley moved and Mr. Anderson seconded the motion to adopt Resolution 87-95 approving the 1987 tax levy. A poll of the vote was as follows: Mr. Anderson, Aye: Mr. Redepenning, Aye: Mr. Shirley, Aye; Mr. Kritzler, Aye; Mayor Milbert, Aye. The motion carried unanimously. g. PARK BOARD RECOMMENDATIONS - MERF During the construction of the Peace Valley Townhomes development, the requirements on the limitation of floodplain encroachment of the 9- mil Creek Watershed District permit were not complied with. This happened due to a communications breakdown between the original owner and the subsequent takeover owner, Minneapolis Employees Retirement Fund (MERF). Investigations revealed that the development had encroached with up to 5000 cubic yards of excess fill at the site. Negotiations b tween MERF and 9-Mile Creek Watershed District resulted in MERF asking the Hopkins City council for a transfer of floodplain rights from Valley Park to the Peaceful Valley Townhomes Development to release MERF from the necessity of removing the 5,000 cubic yards of excess fill. The ci ty Council referred the request to the Park Board for their recommendation. The Park Board recommended the transfer of floodplain rights. The Park Board also recommended that any monetary consideration which may be agreed upon between MERF and the City be dedicated to improvements to Valley Park. Two projects were suggested. 1. Valley Park Sun Shelter construction 2. Various Valley Park improvements - trail repair, creek footbridge, playground equipment, etc. \. ~ REGULAR CITY COUNCIL MEETING OF OCTOBER 6. 1987 PAGE 4 At the time this item was r ferred to th Park Board, they were of the opinion that P aceful Valley would be upgrading the creek slopes through the development, which would cost them in the range of 30 - 40,000 dollars. Representatives of MERF, who appeared at the Council meeting, indicated that they would not be upgrading the creek slopes. Council then determined that the City should receive $40,000 in improvements/projects in exchange for the floodplain rights. Mr. Anderson moved and Mr. Shirley seconded the motion to transfer the floodplain rights requested by MERF subj ect to a contribution from MERF to the City of Hopkins in the amount of $40,000. A poll of the vote was as follows: Mr. Anderson, Aye: Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mayor Milbert, Aye. The motion carried unanimously. h. RESOLUTION - SPONSORSHIP OF HOPKINS BAND . Don Bates of the West Wind Concert Band requested sponsorship of the City of Hopkins in order to represent Hopkins at functions during the year. Mr. Anderson moved and Mr. Shirley seconded the motion to adopt Resolution 87-93 providing for City sponsorship of the band. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mayor Milbert, Aye. The motion carried unanimously. i. BURNES PARK SPRINKLER SYSTEM Bids were received for Burnes Park sprinkler system. Only one bid received was correctly bid according to specs and that bid was considerably over the budgeted amount. Staff recommended rej ecting all bids and authorizing this project for 1988. Mr. Shirley moved and Mr. Anderson seconded the motion to reject all bids and authorize the project for 1988. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mayor Milbert, Aye. The motion carried unanimously. . j. PURCHASE OF HUSTLER 602 MOWER In April of 1987, the Council approved the lease of a Hustler 602 to cut the steep slopes along County Road l8 and State Highway No.7. Th Public Works Department determined that they would like to purchase this mower at this time. and asked for Council approval. - ~, , REGULAR CITY COUNCIL MEETING OF OCTOBER 6. 1987 PAGE 5 . Mr. Anderson moved and Mr. Kritzler s conded the motion to approve the purchase of the mower and use funds from the contingency fund to pay for it. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mayor Milbert, Aye. The motion carried unanimously. k. PARKING RAMP staff furnished Council with a report on a proposed parking to be building on Lot 400 (between Norwest Bank and M. Realty). They asked for Council approval of the concept so can proceed to find the appropriate funding, design, etc. Mr. Anderson moved and Mr. Shirley seconded the motion to approv the concept of a parking ramp to allow staff get more information on funding, design, etc., but to make no commitment. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Redepenning, Aye; Mr. Shirley, Aye; Mr. Kritzler, Aye; Mayor Milbert, Aye. The motion carried unanimously. structure B. Hagen that they (I) DISCUSSION OF DECORATIONS/BANNERS ON MAINSTREET Th Jaycees are interested in purchasing decorations/banners to display on Mainstreet during seasons/events of the year. Th City Manager asked for a consensus of the Council as to whether they would be willing to allow the Jaycees to display banners advertising various vents during the year. Th consensus was that it was ok to hang Christmas decorations as has been done in the past, but the Council would like to know what other banners they are planning to use. ADJOURNMENT: Mr. Redepenning moved and Mr. Anderson seconded the motion to adjourn the meeting. The motion carried by unanimous consent. Respectfully submitted, J an Kaeding, Secy. ~::. ;!~ ~~ ~!c~' Donald J. Mil ert, Mayor