01-16-01A regular meeting of the Hopkins City Council was held on January 16, 2001, in the
Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Brausen, Jensen, Hesch, and
Johnson. Also, present were staff members Mielke, Genellie, Stadler, Gessele,
Kerrigan, and City Attorney Jerre Miller,
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:30 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
There were none.
III. REPORTS -COMMITTEES/COMMISSIONS
1 . Zoning and Planning Commission
John Szuba from the Zoning and Planning Commission said that the Commission
discussed the Medica Project at their last meeting. Residents expressed concerns
about the traffic, the main parcel and the smaller parcel.
The greatest concerns were about traffic. Residents of 2nd Ave N were concerned
that there would be an increase in cut through traffic. Residents of Monroe were not
happy about the possibility of turning Monroe into a cul-de-sac. Concern was also
expressed about the traffic going onto and coming off of highway 169. St. Louis and
Jackson are used to go around Exc Blvd if there is a train. The plans show those
streets going into the parking lot. People will have to go through the parking lot.
Residents said that the building should face Exc Blvd. They questioned the use of
the small parcel and suggested a trail or small building.
Mr. Szuba said that the consultants would be working more on the traffic flow around
the site.
Mayor Maxwell announced that the HRA had just approved a loan assumption for
Driskill's SuperValu and welcomed the Driskills to Hopkins. Mayor Maxwell also
thanked the Tait family for 25 years of contributions to the City of Hopkins.
IV. CONSENT AGENDA
1 . Minutes of January 2, 2001 Regular City Council Meeting
2. Minutes of January 9, 2001 City Council Work Session
January 16, 2001 City Council Meeting Minutes Page 1
3. Miscellaneous License Applications
4. Second Reading, Cable Franchise Ordinances (Memo)
Council Member Johnson said that minutes needed to be corrected on page 5, second
paragraph. Council Member Johnson is listed as making and seconding the motion.
Council Member Hesch questioned the second reading of the cable franchise
ordinance. Jim Genellie explained that staff has just received a draft of the right-of-
way ordinance and that it has not been forwarded to the cable companies yet.
Because of this, the companies have still not had a chance to agree to the conditions
of the ordinance. The motion in the memo is to continue the item.
Council Member Jensen moved and Council Member Hesch seconded a motion to
approve the Consent Agenda. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council
Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
V. PUBLIC HEARING
1 . Lot 500-600 Improvements (CR2001-08)
Steve Stadler said that the City Council authorized and reviewed a feasibility report
and ordered a public hearing on improvements to lots 500 and 600 and 10th and 1 1 th
Aves N. Hearing notices were mailed to all affected property owners. Mr. Stadler
said that at the January 9th Work Session, the Council decided that work would
continue on determining an acceptable method for assessing property owners for the
street and parking lot improvements. For that reason, preliminary assessment
calculations have not been included. RLK-Kuusisto has proposed a fee of $25,400 to
complete design services. Mr. Stadler reviewed the scope of the project.
Assessments have not been determined at this time; however, assessments will not
exceed those included in the project feasibility report. The proposed assessment
amounts from the feasibility report for street improvements and parking lot
improvements are 565,441 and 5134,934.97 respectively. When the project is
considered as a whole, the assessments amount to 42% of the total cost. Gary
Brown, RLK, appeared to respond to questions.
Mayor Maxwell opened the public hearing at 7:48 p.m.
John Cooley, owner of the frame shop, said that he liked the plans, but was
concerned about the costs.
Don Hagen said that the main concern is the cost.
January 16, 2001 City Council Meeting Minutes Page 2
Steve Stadler said that the recommendation is that if the motion is made to proceed,
the assessment will be determined at a later date and will not exceed what has been
stated. The City will pay for the landscaping and the storm sewer improvements,
bringing the maximum assessment from seventy percent to a maximum of 42% of
the total cost.
Bill Hovander, 1 1 t" Avenue, asked why Hance Hardware is required to provide parking
and also required to pay the assessment.
In answer, Mr. Stadler said that the City is trying to acquire an interest in the parking
that is owned by Hance Hardware. Mr. Brown said that those who own parking
spaces have been credited for those spaces and will pay a lesser amount.
Felix Kerawala, owner of the Boston Garden, said that he feels that it is not right that
he will be expected to pay for three times the number of parking stalls that the
grocery store is paying for.
Sean Anderson, owner of the tattoo shop, is concerned about the cost.
Kathy :Rolf, owner of 1009 - 1015 Mainstreet, said that once again, she did not
receive notice of the hearing. Her issue was not the cost, but the loss of parking.
Mr. Brown said that a total of twenty-eight spaces would be lost. The traffic study
that was done showed that the average use of the parking was 48% during regular
hours -and 60% during peak times. After seeing that information, most of the
business people felt that safety issues were more important. The greatest loss of
parking will be along 1 Ot" Ave.
Curt Rolf said that the drainage was to him the biggest issue and had not been
discussed at the meetings. Mr. Rolf also said that a tree planted behind the building
was a problem that had not been discussed. Mr. Stadler said that he was well aware
of the drainage problems. He reviewed some of the solutions, and said that a lot of
these issues will come out in the design process. Mr. Brown said that drainage would
be reviewed with each business owner in the final plan process.
Council Member Brausen stated that the block has been adequately represented, that
he is personally aware of existing problems with drainage and the tree from personal
experience. He is confident that the drainage problems will be resolved. Council
Member Brausen also stated that he sat in on several meetings. He was also
surprised at the lack of concern over lost spaces, but realized that those present were
concerned over safety. The Council is well aware of the cost issues and understands
the small businessman's position. Mr. Brausen said that they are well represented on
the City Council and that the Council is working well on their behalf.
January 16, 2001 City Council Meeting Minutes Page 3
In answer to Mayor Maxwell's question, Mr. Gessele said that notices were sent out
on December 26th and that Ms.. Rolf's notice was mailed to 425 Wayside. Mr.
Gessele said that as a courtesy, the assessment clerk also mailed notices to the
tenants of the buildings.
Council Member Jensen moved and Council Member Johnson seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at
8:20 p.m.
Mr. Mielke asked Mr. Stadler for clarification on the assessment amount. Mr. Stadler
said that the average amount was $0.13 per square foot. This was reduced from
over 50.20 per square foot. Costs were lowered by over $80,000 from the time that
the informational meetings were held to the time that the project was brought to the
Council the first time.
In answer to Mr. Mielke's question about the loss of parking, Mr. Brown said that of
the 28 spaces that would be lost, 18 of them were being taken from along 10th Ave
and that this was because of the safety to vehicles that were backing out of the
diagonal spaces along 10th Ave.
Council Member Johnson said that the Council wants time to look at the bigger issue
of parking lot improvements and determine a fair way to assess improvements, not
just on this project, but for future projects as well.
Council Members discussed the difficulty of determining the assessed costs in a way
that will determine the costs of all future projects based on this project.
In answer to the Mayor's question, Mr. Mielke reviewed the action that would be
taken at this time; the motion will order the improvement, approve a bond issue to
finance the project and give authority to sign an agreement with RLK to prepare the
plans and specifications. The motion does not set the assessments and the project
can be stopped at_any time.
Mr. Stadler reviewed the project schedule.
Council Member Johnson asked when the Council would know the total cost of the
project and what could be done if the bid came in too high. Mr. Stadler answered
that bids will be opened and project costs will be available at the March 6th meeting.
Council Member Johnson moved and Council Member Brausen seconded a motion to
adopt Resolution 2001-05, Resolution Ordering Improvements After Public Hearing,
Project 98-12; adopt; adopt Resolution 2001-06, stating City's intent to sell revenue
bonds to fund this project; and authorize the Mayor and City Manager to enter into an
agreement with RLK-Kuusisto, Ltd for engineering services related to this 2001 street
January 16, 2001 City Council Meeting Minutes Page 4
and parking lot improvement project. A poll of the vote was as follows: Council
Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye;
Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
VI. NEW BUSINESS
1. Approve Liquor License Application, Tuttle Hopkins Recreation, Inc.
(formerly Hopkins Family Bowl) (CR2001-10)
Terry Obermaier introduced the Tuttles. Ms. Obermaier said that the Wrights are in
the process of selling the bowling center to the applicant, Tuttle Hopkins Recreation
Inc. The Corporation is owned by Michael, Timothy and Robert Tuttle. The Tuttles
explained the business. Council Member Johnson asked how they would deal with
underage drinking in Hopkins. The Tuttles said that they are very proactive, including
server training.
Council Member Hesch moved and Council Member Brausen seconded a motion to
approve an On-Sale Liquor License and a Sunday On-Sale Liquor License for Tuttle
Hopkins Recreation Inc., dba Tuttle's Hopkins Bowl, located at 107 Shady Oak Rd,
along with the additional supporting licenses. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch,
aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
2. Approve Engineering Services Agreement, 2001 Street Improvements
(CR2001-09)
Jim Gessele said that the Council conducted a public hearing on street improvements
on segments of 1 1 th Ave S, 14th and 16th Aves N and 8th Ave S. Questions arose
regarding the phasing of construction on 1 1th Ave. Council ordered the project with a
provision that staff provide further information on assessments and construction
phasing.
Mr. Gessele explained the Consultant selection process and said that the proposed fee
for Bolton and Menk is not to exceed $151, 870, which is 21 % of the total project
cost. The fee includes plan/specification preparation, construction staking and
inspection, project administration and record drawings. This does not include final
streetscape design for 8th Ave.
Staff recommended that assessments for phase one be delayed one year so that the
assessment costs of both phases could be assessed in the same year, 2002.
January 16, 2001 City Council Meeting Minutes Page 5
In response to questions about assessing after the project is completed, Jerre Miller,
City Attorney, explained the process for objecting to the project versus the process
for objecting to the assessment.
Council discussed the guarantee of assessment cost that is established by the bids.
Mr. Gessele explained that all the streets would be assessed at the same time that
the entire project would be assessed after completion.
Mr. Gessele reviewed design changes that were brought up at the public hearing.
Council Members discussed the impact that the delayed assessment would have on
the City budget. Mr. Stadler said that there will be some additional cost, but he did
not believe that it would be significant. Mr. Mielke said that Lori Yager, Director of
finance, is on vacation, but that he will call her for input.
Council Member Jensen moved and Council Member Hesch seconded a motion to
authorize the Mayor and City Manager to enter into an agreement with Bolton and
Menk, Inc. for engineering services related to the 2001 street improvements program,
Project 00-10, and to approve a staff recommendation for project phasing and special
assessments schedule. A poll of the vote was as follows: Council Member Brausen,
aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member
Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
3. Approve Construction Change Orders, Authorize Final Payment Parking Lot
750 (CR2001-07)
Jim Gessele said that the contractor has completed the construction of Parking Lot
750. Mr. Gessele said that five change orders have come in. They include removal
of curbing that was not included in original bid, reconstruction of wiring of existing
cross walk lights, adjustment of electric handholds and splice wires on west side of
Stn Ave, installation of electrical conduit on the east side of Stn Ave to provide upgrade
and the removing and disposing of buried and abandoned NSP wiring. Mr. Gessele
also said that there would be an additional $20,000 as a net increase to the contract
amount due to the need to address poor soils on Stn Ave, for a total addition of
$23,272.91. The existing agreement calls for US Bank to pay the additional $20,000
and $2,520 of the change orders.
In answer to questions brought up, Mr. Gessele said that US Bank has been notified
of the changes and has approved them.
Council Member Jensen moved and Council Member Johnson seconded a motion to
approve change orders one through five as they pertain to contract work on the
construction of Municipal Parking Lot 750 and adopt Resolution 2001-04, Resolution
January 16, 2001 City Council Meeting Minutes Page 6
Accepting Work and Ordering Final Payment, Parking Lot 750 Construction, Project
00-06. A poll of the vote was as follows: Council Member Brausen, aye; Council
Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye;
Mayor Maxwell, aye. The motion carried unanimously.
VIII. ADJOURNMENT
There being no further business, Council Member Jensen moved and Council Member
Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at p.m.
Respectively S
erry Q~ermaier, City Clerk
ATTEST:
Eugene J. axwell, Mayor
January 16, 2001 City Council Meeting Minutes Page 7
COUNCIL MEMBERS