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10-15-96A regular meeting oaf the Hopkins City Council was held on October 15, 1996 in the Council ,.• Chambers of Hopkins City Hall. ' Present were Mayor Redepenning, Council Members Maxwell, Hesch, Johnson and Jensen. Also' present were staff members Mielke, Genellie, Stadler, Parsons, Lansing and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Redepenning called the meeting to order at 8:40 p.m. II. OPEN AGENDA -PUBLIC COMMENTS/CONCERNS A resident from the Oaks voiced a concern that they were being required to move in nine days after receiving their final payment. He asked Council to intervene. III. CONSENT AGENDA 1. October 1, 1996 Regular Meeting Minutes 2. Disbursements, Prelist 999 3. Approve plans, order bids SCADA project (CR96-164) 4. Approve parking restrictions, Fifth Street South (CR96-165) 5. Approve Hennepin County waste delivery agreement (CR96-161) 6. Second reading, Nine Mile Cove-rezoning 7. Order public hearing for, cable franchise (CR96-163) 8. Schedule Special Council Meeting Mayor Redepenning removed item eight from the consent agenda to be discussed separately. Council Member Jensen amended the minutes of October 1, 1996 to' reflect that Mr. Dahl had paid the service portion of his bills, but not the penalties; and that Council Member Johnson asked City Attorney, Jerre Miller if waiving the assessment would set a precedent for other utility bills; and that Mr. Millers reply was that each situation is unique and should be decided on an individual basis; and that this action will not set a precedent. Mayor Redepenning asked Mike Lansing to explain item three of the agenda. Mike said that the system is a computer-based monitoring and control system for water and sewer. The old system relies on phone company lines for transmission from the Public Works Facility to the various sites. This system has been unreliable and expensive. Council Member Hesch moved and Council Member Maxwell seconded a motion to approve the Consent Agenda as amended. 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. Ocfiobsr 75, 19A6 City Coundl Minutes Item 8. Schedule Special Council Meeting. A resident of the Oaks e~lained that because of the uncertainty of the project, residents believed that the second payment of $500.00 was not in effect a 30 day notice and maintained that City approval would make that final, but leave only nine days to relocate. Council discussed the issue with the developers and advised them to work with the residents who were effected by the contract conditions. Council •Member Hesch moved and Council Member Maxwell seconded a motion to set a special Council Meeting at 5:45 p.m. on October 22, 1996. A poll of the vote was as follows: Council Member Maxwell, Aye; Council Member Jensen, Aye; Council Member Hesc:h, Aye; Council Member Johnson, Aye; Mayor Redepenning, Aye. The motion was carried unanimously. OLD BUSINESS 1. Accept feasibility report, order public hearing, First Street North (CR96-167) Steve Stadler said that at its August 6th meeting, Council authorized Bolton & Monk, Inc. to prepare a feasibility study concerning street and sidewalk improvements on First Street North from Fifth Avenue to Seventeenth Avenue. A public information meeting was held on October 8,1996. Resident concerns included: • Not wanting the City to spend State Aid funds on the street and thereby loose the ability to control traffic. Most felt that Main Street businesses should also be assessed for First Street North improvements. Most were against additional sidewalk. Mr. Stadler said that the current budget for the project is $280,000 while the engineer's preliminary estimate is $379,000. The increase is due to the additional work ofi replacing the existing vertical curb with standard curb and gutter. Ron Roetzel and Marcus Thomas of Bolton and Menk presented the study information and answered questions. Several residents voiced their concerns about the project. Council Member Maxwell moved and Council Member Johnson seconded a motion to adopt Resolution 96-83, ordering public hearing, First Street North Improvements, Project 96-13. A poll of the vote was as follows: Council Member Ma~cwell, Aye; Council Member Jensen, Aye; Council Member Hesch, Aye; Council Member Johnson, Aye; Mayor Redepenning, Aye. The motion was carried unanimously. 2. Present IandscapeJlighting design, County Road 3 (CR96-168) Steve Stadler introduced Bruce Chamberland and Mark •K,oegler of Hoisington K,oegler Group, Inc, Mr. Chamberland presented landscape design elements, including monument design, lighting design and plantings, to Council. Mr. Stadler said that these elements will be installed under separate contracts from the Hennepin County project and will be done after the October 76, 1086 City Coundl Mlnubee Pegs 2 road construction is completed. The estimated costs for the project totals $721,235. The total ~.. cost for the County Road 3 improvements is $1:7 million. Council Member Jensen moved and Council Member Hesch seconded a motion to approve County Road 3 landscaping and lighting designs as presented by Hoisington Koegler Group, inc. landscape architects, the City's landscaping consultant. A poll of the vote was as follows: Councl Member Maxwell, Aye; Council Member Jensen, Aye; Council Member Hesch, Aye; Council Member Johnson, Aye; Mayor Redepenning, Aye. The motion was carried unanimously. NEW BUSINESS Council Member Johnson explained that she is a member of the Jaycees and that her husband is the employed manager of the Hopkins Jaycees' charitable gambling operations. She asked City Attorney, Jerre Miller, if this constituted a oor~lict of interest. Mr. Miller answered that in his opinion it did. Council Member Johnson removed herself from her Council seat, staying in the room. 1. Approve gaming permit application, Jaycees at BW3 (CR96-1 BZ) Jim Genellie stated that the Hopkins Jaycees have applied for a lawful gambling permit from the State of Minnesota to sell pulltabs at BW3 Restaurant located at 503 N Blake Road. Before submitting the application to the State of Minnesota, they must first obtain a resolution from the City which supports the application. Staff recommended approval. Council Member Maxwell moved and Mayor Redepenning seconded a motion to adopt Resolution 96-72, approving the .Premise Permit Application of the Hopkins Jaycees to conduct lawful gambling at BW3. A poll ofi the vote was as follows: Council Member Maxwell, Aye; Council Member Jensen, Nay; Council Member Hesch, Aye; Council Member Johnson, abstain ;Mayor Redepenning, Aye. The motion was carved. 2. Order feasibility report, 11th Avenue South (CR96-169) Steve Stadler reported that 11th Avenue South from County Road 3 to Fifth Avenue South is the City's busiest street. It averages approximately 13,000 vehicles per day and further development along the corridor has increased the total volume and number of trucks. MSA Consulting Engineers reviewed the previous traffic studies and current conditions and recommended that the street be widened from the current 44 feet to 52 feet. A feasibility s~ldy is the required first step in the proposed assessable street improvement project. Council Member moved and Council Member seconded a motion to adopt Resolution 96-85, ordering preparation of a feasibility report - 11th Avenue South and authorize the City Manager to enter into an agreement with SEH, Inc. for preparation of feasibility report and preliminary survey. A poll of the vote was as follows: Councl Member Maxwell, Aye; Council Member Jensen, Aye; Council Member Hesch, Aye; Councl Member Johnson, Aye; Mayor Redepenning, Aye. The motion was carried unanimously. C] October 15, 18A6 City Coundl Minutes Page S REPORTS - COMMITTEESJCOMMISSIONS Council Member Jensen 'reported that the Chemical Health Commission is planning to combine a "Chemical Health Weep' with the 'Tum 4tf the Violenoe~ Week". She also said the Skip Humphrey would like to present a program to Hopkins. Steve Mielke announced that a joint meeting with the City of Minnetonka is scheduled for October 29, 1996. The agenda items to be discussed are the Shady Oak Beach Project and County Road 73 traffic issues. ADJOURNMENT There being no further business, Council • Member Johnson moved and Council Member 'Maxwell seconded a motion to adjourn. The meeting was adjourned by unanimous consent at 10:57 p.m. R Ily~~ . :. ~S~l/IGP~/ ~r c am, cry cis E3T: cNer,es ~. ~n0~ ~Aayor COUNCIL MEMBERS ~G G~~_.. ~ `~ ~ ~ - ~1_. ~ _ _: ._~ r ~ -~. - _ _ . n~ October 15, 1986 City, Coundl Mlnutse Page 4