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12-16-97A regular meeting of the Hopkins City Council was held on Decemb r 16, 1997, in the Council Chambers of the Hopkins City Hall. Present were Mayor Redepenning and Council Members Maxwell, Jensen, Hesch, and Johnson. Also present were staff members Mielke, Genellie, Stadler, Gessele, and City Attorney Jerre Miller. 1. CALL TO ORDER Mayor Redepenning called the meeting to order at 7:35 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS • Teri Rolf, 237 6~' Avenue North, asked if a decision had been made regarding her request to have a formal investigation of staff regarding the flood. She made comments about her request. Mayor Redepenning asked Crty Attorney, Jerre Miller, when he would have a respons on Ms. Rolf's request. Mr. Miller said he would have it in January. Warren P. Nash, 232 13~' Avenue North, expressed disappointment in the response he received from Mike Causing. III. CONSENT AGENDA 1. December 2, 1997 Regular City Council Meeting Minutes 2. November 25, 1997 work session minufies 3. Disbursements, Prelist 1028 4. Miscellaneous Licsnse Renewals 5. Temporary 3.2 Beer License, St. Joseph's Church (CR97-222) 6. Second reading, utility billing ordinance (Memo) 7. 1997 budget adjustments (CR97-224) 8. Authorize final payment, Meadowbrook storm sewer (CR97-2241 Council Member Jensen asked if Back Door Tobacco had any violations of law on the record. Steve Mielke and Terry Obermaier answered, not to their knowledge. Council Member Hesch moved and Council Member Johnson seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, sye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. L December 16, 1987 City Council Msetinp Minutse Paps 1 IV. PUBLIC HEARING 1. 1998 Street Improv manta, Interlachen Park (CR97-228) Stave Stadler stated that on September 2"d Council authorized Bolton and Menk to prepare a feasibility report in regard to improvements on Ashley Road, Holly Road and Preston Lane. The Council accepted that report and ordered a public hearing on November 18~'. Mr. Stadler reviewed the scope of the project and said that the assessments ware set at $51.00 to 853.00 per front foot making the average assessment about 84,000. Mayor Redepenning opened the public hearing at 7:48 p.m. Jim Holden, 1727 Preston Lane, asked if the plans had changed for the reconstruction of all of Preston Lane between Homedale to Ashley. Steve Stadler said yes, the soil borings along a portion of Preston showed stronger soil structure than previously thought. Steve Fochler, 235 Holly Road, asked how the assessments were arrived at. Mr. Stadler explained the policy. Mike Miller, Maple Hill Road, asked about the timing of the project and the options of payment. Mr. Stadler went over the proposed schedule and said assessments were based solely on front footage. Mr. Miller asked if assessments ware spread out between those that were footing a reconstruction or those who were footing an overlay. Mr. Stadler said that those who fronted a reconstruction would be assessed the reconstruction costs and those who fronted an overlay would be assessed that cost. Steve Fochler came forward again. He stated that he has checked with other Cities to find out how they levied assessments and he felt that this assessment was high. He said he did not feel his property would benefit to the e:.t~.~ ~i of the assessment. Council Member Maxwell moved and Council Member Jensen seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 7:57 p.m. Steve Stadler said that with the additional drainage, and sewer and water improvements that are not being assessed, he is comfortable with the assessment. Steve Mielke also stated that he is comfortable with the assessment. Ron Roetzel from Bolton and Menk explained the improvements that were planned for sewer and water. The Council discussed costs of sewer and water improvements and how they are paid for. Council Member Maxwell moved and Council Member Hesch seconded a motion to adopt Resolution 97-119, ordering improvements on Ashley Road, Holly Road, and Preston Lane, Project 97-12. A poll of the vote was as follows: Council Member Maxwell, aye; Council -~' Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. Deosmber 16, 1997 City Council Meeting Minutes Paps 2 Local Law Enforcement Block Grant Program, proposed us of funds (CR97-2271 Heather Alex said that the Hopkins Police Department r ceived a federal grant for law enforcement. The amount of the grant was $11,397. The grant required that the department form an advisory board to recommend use of the funds. That advisory board recommended that the funds be used to acquire computer network hardware and software. Ms. Alex explained that the grant also required a public hearing before using the funds. Mayor Radepanning opened the public hearing at 8:13 p.m. No one from the public came forward. Council Member Jensen moved and Council Member Hesch seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:14 p.m. Council discussed the grant and established that this was a new grant. Council Member Maxwell moved and Council Member Hesch seconded a motion to approve the proposed use of funds. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Radepenning, aye. The motion carried unanimously. V. OLD BUSINESS 1. New Liquor License Application, M. T. Bears (CR97-126) Terry Obermaier presented an overview of the application. Council Member Johnson asked about the 10-day notice violation. Steve Mielka explained the C'rty's policy on liquor law violations. The applicants Jim Harsch and Tom Alexander answered questions. Ms. Obermaier said that some of the questions would be answered when the rest of th information that was asked for is submitted. Council Membsr Maxwell asked the applicants if they had spoken with the Hopkins Police Department about the previous history and problems associated with M. T. Bears. Tom Alexander said they met with Captain Liddy and they have taken steps to make the needed changes. Council Member Hesch moved and Council Member Johnson seconded a motion to approve the liquor license application contingent on the criminal and financial investigations showing satisfactory results. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepanning, aye. The motion carried unanimously. 2. Engineering services agreement, 6~' Avenue North storm sewer project (CR97- 229) Stave Stadler reviewed the scope of the project and the design services. Mr. Stadler gave the project schedule. He said that he received proposals from three companies and that RCM Associates was the most knowledgeable of the project and their proposal was competitive. Mike Foertsch from RCM Associates said the design goal was to minimize the need for flood proofing and that he is confident that residents will not have to. Peps 3 December 16, 1897 Chy Council Meednp MMutes Council Member Jensen moved and Council Member Johnson seconded a motion to authorize the Mayor and City Manager to enter into an agreement with RCM Associates, Inc. (RCM) for engineering services on the 6~' Avenue North/3'~ Street North storm sewer improvement project. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously, 3. Revision of Lawful Gambling Policy (CR97-230) Jim Genellie reviewed the history of the Policy and need for change. He explained the changes and how they met the Council's requests. Council Member Hesch asked if section 2.03 could be changed to read '30 active voting members'. Steve Mielke said that to maintain consistency, the wording, a quorum must be present when the vote is taken, should be inserted in section 2.11. Council Member Hesch moved and Council Member Jensen seconded a motion to adopt Resolution 97-121, approving revisions to Legislative Policy 4A -Lawful Gambling, including the two revisions mentioned previously. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. VI. NEW BUSINESS 1. Adopt budget and tax levy (CR97-231) Steve Mielke presented the proposed budget as amended after the budget hearing. The amendments reflected a reduction of 859,000 with a resulting increase in the levy of .396. The Council discussed the minutes of the -~ budget hearings. Mayor Redepenning said they would look over the service organizations on a single item basis and then adopt the entire budget. He called for comments from the public. Don Roesner, 618 West Park Valley Drive, asked if the public hearing was still open. Mayor Redepenning said no, the public hearing was concluded last night, but he could still comment on the budget, which he did. Mayor Redepenning asked the Council to address the service organizations, the first of which was Child's Play Theatre. Child's Play Theatre requested 53,000, the suggestion in budget was 81,500. Council Member Maxwell moved and Council Member Johnson seconded a motion to incorporate the top three service organizations in one of the department budgets and remove them from the Mayor/ Council's budget. Council discussed the motion. December 16, 1887 City Council MeeNnp Mlnutee Palle 4 A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, eye; Council Member Hesch, aye; Council Memb r Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. Mayor Redepenning asked the Council to act on the request of $3,000 from Child's Play Theater. Mayor Redepenning suggested that the $1,500 in the proposed budget be given to Child's Play Theater. Council discussed the funding further. Council Member Hesch moved and Mayor Redepenning seconded a motion to give 51,500 to Child's Play Theater for a project on the Principals of Ethical Leadership to be completed for the Hopkins School District. If the project is not completed the money would be returned. A poll of the vote was as follows: Council Member Maxwell, nay; Council Member Jensen, nay; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, nay. The motion was not carried. Council Member Jensen moved and Council Member Maxwell seconded a motion to approve an expenditure of ~ 1,500 for Child's Play Theater with further discussion to follow for future funding. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, nay; Council Member Johnson, nay; Mayor Redepenning, aye. The motion carried. Mayor Redepenning asked for a motion to fund the request for 5800 from the Hopkins Westwind Concert Band. Council Member Hesch moved and Council Member Jensen seconded a motion to fund the request for 5800 to the Hopkins Westwind Concert Band with further discussion for future funding. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, eye; Council Member Johnson, nay; Mayor Redepenning, aye. The motion carried unanimously. Mayor Redepenning asked for a motion to fund the request for 52,000 from the HAAA Association. Staff recommended funding of 51,000. Council Member Jensen removed herself from the discussion because of a conflict of interest. Council discussed the continuance of funding for HAAA. Council Member Maxwell moved and Council Member Johnson seconded a motion to fund 51,000 to HAAA Association if they hire a paid coordinator by December 1, 1998, when they hire a coordinator, but not before July 1, 1998. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, abstain; Council Member Hesch, nay; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried. Mayor Redepenning asked for a motion on the rest of the Service Organizations listed as follows: Sojourn Intervention Project Senior Community Service December 18, 1997 City Council Meeting MMutes Pape 5 West Suburban Mediation Center Vail Place Teens Alone Family Resource Center Council Member Hesch moved and Council Member Jensen seconded a motion to approve the recommended funds for the Service Organizations listed by Mayor Redepenning. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. Mayor Redepenning said that Father's Resource Center was received too late for consideration. Mayor Redepenning moved and Council Member Johnson seconded a motion to deny funding for Father's Resource Center and refer them to our normal process. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. Council Member Johnson asked for clarification of the Chemical Assessment fund and the City Clerk's time allotment. Council Member Jensen asked about "personal services" as opposed to personnel expenditures. Council Member Maxwell moved and Council Member Jensen seconded a motion to adopt Resolution 97-120, approving the 1998 budget and tax levy collectible in 1998. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 2. Authorize plans and specifications, Nine Mile Creek maintenance (CR97-225) Jim Gessele said that due to heavy rains this past summer, there was a phone call that the creek was eroding and sediment was building up. RCM identified four sites, one with sedimentation and erosion, one with erosion, and two with heavy sedimentation. Council Member Maxwell moved and Council Member Jensen seconded a motion to authorize the Mayor and City Manager to enter into an agreement with RCM for no more than S 15,500, to provide plans and specifications concerning a Nine Mile Creak bank stabilization and sediment removal project. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. VII. REPORTS -COMMITTEES/COMMISSIONS There were none December 16, 1997 Chy Council Meeting Minutss Pape 8 VIII. ADJOURNMENT There being no further business, Council Member Maxwell moved and Council Member Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 10:04 p.m. Respectively Submitted, erry O m per, City Clerk A~'EST: a es D. Redepenn`ing, Mayon 1 December 16, 1997 City Council Meeting Minut s COUNCIL MEMBERS ,a n ~~''` .~ v .ice :,~, .~, ~ _ _~ ~ --. _ , Page 7