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04-15-97A regular meeting of the Hopkins City Council was held on April 15, 1997, in the Council Chambers of Hopkins City hall. Present were Mayor Redepenning and Council Members Maxwell, Hesch, Johnson, and Jensen. Also present were staff members Mielke, Genellie, Stadler, Gessele, Kerrigan, Parsons and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Redepenning called the meeting to order at 7:38 p.m. Mayor Redepenning read the rules of order for public comments. II. OPEN AGENDA -PUBLIC COMMENTS/CONCERNS There were none. III. CONSENT AGENDA 1. April 1, 1997, regular meeting minutes 2. Disbursements, Prelist 1012 • • 3. Award bid, storm sewer and residential street overlay projects (CR97-68) • 4. , Second reading, alley vacation behind Eighth and Mainstreet (Memo) 5. Certification of local performance measures (CR97-64) 6. Approve no parking resolution on 11th Avenue South (CR97-67) 7. Approve temporary 3.2 beer license for Mainstreet Days (CR97-70) 8. Amendment to parking lot agreement, Tait's SuperValu/Hagen •(CR97-71) Council Member Johnson moved and Council Member Jensen 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, Aye; Council Member Johnson, Aye; Mayor Redepenning, Aye. The motion was carried unanimously. IV. PROCLAMATION(, 1. Arbor Day, April 25, 1997 Mayor Redepenning declared Friday, April 25, 1997, to be Arbor Day in the City of Hopkins. Mayor Redepenning read the rules of order for those wishing to participate in the public input portions of the Council Meeting. April 16, 1997 City Council Meeting IV. PUBLIC HEARING 1. ~ Assessment hearing and adopt assessment roll, First Street North (CR97-65) Jim Gessele said that at its March 18 meeting, Council considered the proposed assessment roll for First Street North improvements and ordered a Public Hearing for April 15, i 997. This hearing sets the special assessments for properties within blocks on either side of First Street North from 5th to 17th• Avenues North. Every effected property owner has received notice of the hearing and a public hearing notice was published. Six appeals• were submitted prior to the meeting contesting • the assessments. The total cost of the project is X341,782.82 with residential propertie$ being assessed at 5096 of the cost of their block and commercial properties being assessed at 7096 of the cost of their block. Jim Gessele summarized the appeals that were submitted prior to the meeting. Mayor Redepenning asked Mr. Gessele to explain the, appeal process before he opened the public hearing. Mr. Gessele did so and 'gave a brief summary of the scope of the project. Mayor Redepenning opened the public hearing at 7:50 p.m. David Prchal, 34 - 15th Avenue North, said that the project should be assessed city wide because 1st Street North is a main through street. Staff said that consideration has been given to the status of the street and that is why residential properties are being assessed at 5096 instead of the usual 7096. Dennis Roof, representing 105 and 114 - 9th Avenue North, said that he supports • the assessment process and agreed that the street needs work, but he said that he does not understand why duplexes are being assessed at 7096 when single family residents are being assessed at 5096. He felt there should be more equity. Laura Weber, 25 - 15th Avenue North, said that she had not received any information that the amount of the assessment could be placed on the tax rolls and if so what the interest would be. Council directed staff to send that information to Ms. Weber. Don Nelson, 18 -15th Avenue North, said that there is too much traffic now and improving the street will cause more traffic. George Kotars, 146 - 16th Avenue North said that he was not able to attend earlier meetings and questioned the cost discrepancies between blocks. Staff said that policy is being followed. • April 16, 1997 City Council Meeting Page 2 Gerald Lindbery, 25 - 16th Avenue North, asked a question about Mainstreet assessments. Council Member Maxwell moved and Council Member Johnson seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:00 p.m. A discussion followed concerning the policy used to assess major routes. The discussion included questions about the policy of assessing single family homes at 50% and assessing duplexes at 70% in view of the fact that it is not always determined which properties are rental and which properties are owner occupied. The appeals were read for action. 140 - 10th Avenue North, requested a senior citizen deferment based on income. Council Member Maxwell moved and Council Member Jensen seconded a motion to grant the deferment. The motion passed unanimously. 34 - 14th Avenue North, requested a senior citizen deferment based on income. Council Member Johnson moved and Council Member Hesch seconded a motion to grant the deferment. The motion passed unanimously. 137 - 12th Avenue North, requested a cancellation of assessment for the reason that she did not feel that city workers were efficient. Council Member Hesch moved and Council Member Jensen seconded a motion to deny the request. The motion passed unanimously. Council Member Maxwell moved and Council Member Hesch seconded a motion to grant a senior citizen deferment if the applicant applies immediately and qualifies for the deferment. The motion passed unanimously. 42 - 14th Avenue North, requested a revision of the assessment based on her income. Council Member Johnson moved and Council Member Hesch seconded a motion to deny the revision. The motion passed unanimously. Council Member Johnson moved and Council Member Maxwell seconded a motion to grant a senior citizen deferment if the applicant applies immediately and qualifies for the deferment. The motion passed unanimously. 101 - 6th Avenue North, requested cancellation of the assessment for the reason that it would cause financial hardship. Council Member Maxwell moved and Council Member Johnson seconded a motion to deny the request. The motion passed unanimously. 25 - 15th Avenue North, requested cancellation of the assessment for the reason that it would cause financial hardship. Ms. Weber appeared at the public hearing and said she did not know that the amount could be put on the tax statement. Council Member Maxwell moved and Council Member Hesch seconded a motion to deny the request. The motion passed unanimously. April 15, 1997 City Council Meeting Page 3 34 -15th Avenue North, requested a city wide assessment because the street is a major street. Council Member Maxwell moved and Council Member Johnson seconded a motion to deny the request. The motion passed unanimously. 105 and 114 - 9th Avenue North requested a more equitable assessment for duplexes. He felt they should be assessed the same as single family homes. Council discussed the policy of assessing rental property at a higher rate and not being able to easily check if single family homes are being rented or owner occupied. Council Member Jensen moved and Council Member Johnson seconded a motion amend the assessment rolls to grant duplexes in this project a 50 assessment . The motion passed unanimously. Council Member Hesch moved and Council Member Jensen seconded a motion to grant the request for a reduction of the assessment from 70% to 50% for 105 and 114 - 9th Avenue North. The motion passed unanimously. 18 - 5th Avenue North, requested a cancellation because of disabilities. Mr. Gessele said that Council could defer the assessment if conditions are met. Council Member Johnson moved and Council Member Hesch seconded a motion to grant the deferment when the conditions are met. The motion passed unanimously. 146 - 16th Avenue North requested that all properties share the assessments equally based on front footage, not improvements to the street at each block. Mr. Gessele said that staff is following the policy that has been set. Council Member Hesch moved and Council Member Maxwell seconded a motion to grant the deferment. The motion passed unanimously. 25 - 16th Avenue North requested that Mainstreet be assessed as well as other properties. Mr. Gessele explained that when Mainstreet was done, the assessment did not extend to the whole block so Mainstreet properties would not be assessed at this time. Council Member Jensen moved and Council Member Johnson seconded a motion to ,deny the request. The motion passed unanimously. 145 - 15th Avenue North requested that the assessment be reduced because 1st Street North is a main through street. Mr. Gessele explained that the assessment has already been reduced from 70% to 50% for that reason. Council Member Maxwell moved and Council Member Hesch seconded a motion to deny the request. The motion passed unanimously. Council Member Hesch moved and Council Member Jensen seconded a motion to adopt Resolution 97-39, adopting the assessment roll as amended, Project 96-13, First Street North reconstruction. 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 was carried unanimously. April 15, 1997 City Council Meeting Page 4 VI. NEW BUSINESS 1 . Hopkins Center for the Arts staffing proposal (CR97-76) Jim Parsons, assistant to the City Manager, said that the Public Works Department has proposed a staffing plan for the Hopkins Center for the Arts that would combine the Facilities Manager for both the Pavilion and the Center for the Arts. Nelson Berg said that it is very important that staff be in place during the construction phase so all can be in place for the opening. Council discussed the issues of job descriptions for the facilities manager and arts coordinator, if the operations board would be in place and be involved in the hiring, the job level and scale of pay for the positions and the best time to have both positions filled. Council Member Hesch asked Steve Mielke if the Council is being asked to approve the figures at this time. Mr. Mielke said no, just to go ahead with the hiring process. Council Member Jensen moved and Council Member Hesch seconded a motion to approve a proposal for staffing of the Hopkins Center for the Arts as recommended by the Facility Design Committee. 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 was carried unanimously. Council Member Hesch said that she seconded the motion and approved it based on the statement that the final figures would come back to Council for approval. 2. Preliminary/final plat, Kakach development (CR97-69) Jim Kerrigan said that the applicant, Jeff Kakach, is proposing to develop the northeast corner of 8th Avenue and Mainstreet. The property will need to be re-platted into two lots. The applicant has also applied for a conditional use permit and to vacated parts of the north-south and east-west alleys. The Zoning and Planning Commission recommended approval and the plats meet the subdivision requirements. Zoning will remain unchanged. Council Member Jensen moved and Council Member Hesch seconded a motion to adopt Resolution 97-36, approving apreliminary/final plat at the northeast corner of 8th Avenue and Mainstreet. 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 was carried unanimously. April 15, 1997 City Council Meeting Page 5 3. Consider carnival for Raspberry Festival (CR97-72) Jim Genellie said that the Hopkins Raspberry Festival Committee has applied for a special event permit to hold a carnival from July 9 through July 13, 1997, at Excelsior Boulevard and 5th Avenue South by Knox Lumber. The application was reviewed by various departments and approved with conditions. Brad Johnson and Mary Ann Klocek, co-chairpeople of the Raspberry Festival, answered questions. Council Member Jensen moved and Council Member Johnson seconded a motion to approve the carnival permit application with the conditions that no parking be allowed east of 5th Avenue South, that the Raspberry Festival furnish a certificate of insurance showing the City of Hopkins named as co-insured, and that the same closing times as last year be used. 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 was carried unanimously. 4. Consider fireworks for Raspberry Festival (CR97-73) Jim Genellie said that the Raspberry Festival has applied for a special event permit to hold a fireworks display on July 12, 1997. The display will be a close proximity show with no large aerial rockets. The application was reviewed by several departments and approved with conditions. Dave Peterson, resident of Hopkins, represented RES Fireworks Display Shows, described the fireworks and answered questions for the Council. Council Member Johnson moved and Council Member Maxwell seconded a motion to approve the fireworks permit application for the Raspberry Festival with the conditions that a certificate of insurance for the amount of one million dollars naming the City of Hopkins as additional insured be submitted and that arrangements be made to have the Hopkins Police Reserve officers for traffic control. 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 was carried unanimously. 5. Approve legislative policy 8-B, street improvement policy (CR97-75) Steve Stadler gave a brief history of the issue and said that changes were made to the revisions based on comments from the April 8th worksession. A sentence that states that the effected area or effected residents (those required to present a 55 petition objecting to concrete curb and gutter) would be determined by the City Council was added. Another addition was that once a petition is received, it will remain in effect until the City Council rescinds it or changes the legislative policy. April 15, 1997 City Council Meeting Page 6 Council Member Jensen moved and Council Member Hesch seconded a motion to adopt Resolution 97-42, revisions to Legislative Policy 8-B, Roadway Improvements, as provided. 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 was carried unanimously. 6. Approve plans, order bids, 1997 alley improvements (CR97-66- Jim Gessele said that at the regular Council Meeting on April 1, 1997 a public hearing was conducted concerning reconstruction of "T" alleys north of Mainstreet between 17th and 21st Avenues North. Council ordered plans and specifications to be drawn up as recommended. Final plans were presented. Council Member Hesch moved and Council Member Jensen seconded a motion to adopt Resolution 97-40, approving plans and specifications for alley reconstruction and authorize advertisement for bids, Project 97-02. 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 was carried unanimously. 7. 1998 Budget goals (CR97-74) Steve Mielke listed several goals which staff recommended that the Council adopt. Mr. Mielke said that if Council adopted these goals, he would begin to disseminate them. Council Member Jensen moved and Council Member Johnson seconded a motion to adopt the budget goals as presented. 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 was carried unanimously. VII. REPORTS -COMMITTEES/COMMISSIONS Council Member Johnson said that the Raspberry Festival is in the process of finalizing the schedule for Raspberry Days and plans to bring it to the Council in May. She also said that she attended "Walk the Talk" and felt it was a success. She said the Chemical Health Commission is looking for other educational opportunities. She said the Commission also looked at the Tobacco Ordinance again and discussed the possibility of having a town meeting to deal with it and then made a motion that the Council support a town meeting for the purpose of discussing the tobacco ordinance. The motion was seconded by Council Member Maxwell. 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 was carried unanimously. April 15, 1997 City Council Meeting Page 7 VIII. ADJOURNMENT _ There being no further business, Council Member Hesch moved and Council Member Johnson seconded a motion to adjourn. The meeting was adjourned by unanimous consent at 9:58 p. m. Respectfully Submi~ed, erry Oy~rm~ier, City Clerk COUNCIL MEMBERS • AT,ZEST: c~ Charles D. Redepenning, Mayor l April 15, 1997 City Council Meeting Page 8