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04-16-96 A regular meeting of•the Hopkins City Councfl•'was held on April 16, 1996 in' tie Council ~a~~+ers of Hopkins City Hall. ' Present were'Mayor.Redepenning,,Council Members Hesch, Johnson and Jenlsen. Council Member Maxwell was absent. Also present were staff ' *~~~ers Mielke, Stadler, Gessele, Steinman and City Attorney•.Jerre Miller. I. ~ CALL TO ORDER • ~ ' • Mayor Redepennfnq called the meeting to order at 7:30'p.m. • II . OPEN AGENDA =PUBLIC . CO1rII~lENTS/CONCERNS . ' ' ~ There were none. ~ ' - ' III. CONSENT AGENDA 1. APPROVAL OF APRIL 2, 1996 REGULAR MEETING~MINUTES 2. APPROVAL OF DISBURSELKEN'1'S, PRELIST 987 ' 3. APPROVAL OF ACTION -APPOINTMENT TO HUNAN RIGHTS COMMISSION ' 4. APPROVAL OF ACTION -APPROVE PLANS,~ORDER BIDS, MOLINE ' NFT•T~~IOUSE AND TREATI~lENT, PLANT RENOVATION (CR96-74 ) -_'~ ~ -, 5. APPROVAL OF ACTION - RSFUNDING.AUSURN NORTH/SOUTH HOUSING ' REVENUE BONDS (CR96-66) ' 6. APPROVAL OF•ACTION -AUTHORIZE ENGINEERING SERVICES, MEADONBROOKE STORM S~swax (CR96-75) - 7. APPROVAL OF ACTION -ACCEPT FEASIBILITY REPORT, ORDER PUBLIC ' ; ~ HEARI1~fG, •ALLEY RECONSTRUCTION (CR9 6-7 6 ) ' ~ ' 8 . •APPROVAL' OF ACTION - ~ PETITION, "NO TURN ON RED"- SIGNS, 17TH , AVENUTs AND MAINSTRSET (CR96-70) ' 9. APPROVAL OF'ACTION ~ CITY GRANTS EASEMENT TO NSP C~r~sT PARK (CR96-71) ti• Council M~'~r Hesch asked for clarification on item three, it was - listed•on the agenda as "Charter Commission" while the report said "HHman Rights Commission". Mr. Mielke stated that it should be Heiman Rights Commission. Council Member Hesch also requested that item eight be removed from the Consent Agenda for discussion. Council Mg~r-r Johnson moved and Council Member Hesch seconded a motion to approve the Consent Agenda as amended. A poll of the vote ' was as follows: Council MpTMr,r Jens®n, Aye; Council Member Hesch, ' 'Aye; Council Me~r~r Johnson, Aye; Mayor Redepenninq, Aye. The motion was carried unanimously. ' IV. PUBLIC HEARING A. CONSIDER ACTION -CONTINUED PUBLIC-HEARING, ALLEY RECONSTRUCTION, •PROJECT 96-05 (CR96-69) Jim Gessele stated that this hearing is a continuation of action undertaken by Council at its April 2, 1996 meeting and rec~~nded a April. 16,, 1996, City Council Meeting ' _ Page 2 motion to deny the resident petition in opposition to concrete alley reconstruction in the.#13-#100 Block between 6th and 7th Avenues South and continue a public hearing on proposed alley reconstruction to the June 4,'1996 Council Meeting. He discussed the time frame needed to allow for the vacation,of a portion of the alley. ' ' Mayor R~~apenning.reconvened•the Public Hearing at 7:40 p.m. Don Hagen of the Hopkins Village Apartments appeared. He requested that ,the reconstruction into the Village Apartment parking lot be, cut to .one half•~ of the length proposed. Doug Fillbrandt, 46 6th Avenue South , asked 'if the' frontage of the access from 6th Avenue• South that was not being reconstructed mould be assessed as frontage. Mr. Geaelle answered no. Matt H~~Arland, 607 2nd Street South stated that the petitioners-do not want the project•done.• .' ' ' Council Member Hesch ~-oved and Council M~~t3r Jensen seconded a motion to continue"the Public Hearing to the June 4, 1996 meeting.' A poll of the Vote was 8s 'follows .Council MA+~~"~" Jensen, Aye; Council 1K~~~'*' ' Hesch, Aye; Council"Member Johnson, Aye; Mayor Redepenning, Aye. The hearing was continued by unanimous consent. 1~. Mielke asked•Council for direction on plans and specifications for '' bituminous or concrete. A discussion followed. Council Member Hesch . moved 'and Council Member Johnson seconded,a~motion to~direct staff to continue plans and specifications for concrete and authorize staff to continue ,with the vacation process for a portion of• the •alley: . A poll of the vote eras as follows: Council M~~~~r Jensen, Aye; Council • 'Me~r~r 'Reach, ~ Aye; 'Council' Me~r~r Johnson, Aye; Mayor Redepennfnq, ,. Aye. The motion was carried unanimously. B. CONSIDER ACTION - ASSESSMENT HEARING, 1996 RESIDENTIAL STREET IMPROVEMENTS (CR96-68) ' Jim•Gessele stated that at its March i9, i996 meeting, council .considered the proposed assessment roll for the 1996•Residential Street Improvement Projects 95-16 and 95-17 and set. the Public Hearing 'date for April•16, 1996. This is a hearing for the special assessments to be levied against the properties adjacent to Burnes 'Drive, Sweet Briar Lane, 7th and 8th Avenues South and for an alley in the South Meadows development. A public hearing a~otice was published and mailea, along with an assessment statement, to every affected property owner. Staff recommended~a motion to adopt Resolution 96-35, adopting the assessment roll, Project 95-16, Burnes Drive and Sweet Briar Lane reconstruction. Staff recommended a second motion to adopt Resolution 96-36, adopting the assessment roll, project 95-17, 7th and 8th 'Avenues South reconstruction and South Meadows Alley reconstruction. Mr. Gessele presented two appeals from the Project 95=16, Burnes Drive • and Sweet•Briar Lane Reconstruction. A discussion followed. April 16, 1996 City~Councii Maetinq Page 3 Mayor Rp~~penninq opened the Public Hearing at 8:13'p.m. and asked if anyone alas present to speak to the appeals from 326 Sweet Briar Lane amd 323 Burnes dirve. No one ~~~~ forarard. Council 1~~~~r Johnson moved and Council Member Jensen seconded a motion to accept the Senior Citizen deferment for Mildred L. Mirage, 326 Barest Briar Lane. A poll of the vote was ,as follows: Council M~~rr Jensen, Aye; Council Member Hesch, Aye; Council M~r3r Johnson, Aye; Mayor Redepenning, Aye. The motion was carried unanimously. ~Council~M~~-r•Hesch moved and Council Member Johnson seconded a 'motion to deny a 'request for cancellation or revision of assessment for Nancy and Charles Gerdts, 323 Burnes Drive. A poll of ,the vote was~as follows: Council Member Jensen, Aye; Council Member Hesch, Aye; Council Member Johnson, Aye; Mayor Redepenning, Aye. The motion was carried unanimously.' Donald Flake, 331 Burnes Drive, submitted an appeal for cancellation of the assessment. Council ME~~~'E'~" Johnson moved and Council Member Hesch seconded a motion to deny the appeal. A poll of the vote was as ~~ follows: Council Member Jensen, Aye; Council Member Hesch, Aye; Council~Member Johnson, Aye; Mayor Redepenningy Aye. The motion was carried unanimously. Mayor Redepenning asked for comments from the public on the assessment roll. There were none. Council Member Hesch moved and ,Council lrt~~nt'--r Jensen seconded a motion to close the Public Hearing. A poll of the vote was as follows: Council~Member Jensen, Aye; Council Member Hesch, Aye; Council Member Johnson, Aye; Mayor Redepenning, Aye. The motion was carried unanimously. Mayor Redepenninq closed the Public hearing at 8:25 p.m. Mr. Gessele presented eight appeals for Project 95-17, 7th and 8th Avenues South Reconstruction and South Meadows Alley Reconstruction. Council Member Hesch requested that Council act on all of them together in one action. The were listed as 930 6th Street South, 631 8th Avenue South, 637 8th Avenue South, 625 8th Avenue South, 645 8th Avenue South, 633 8th Avenue South, 621 8th Avenue South and 727-729 6th Avenue South Alley. A discussion followed about the senior citizen deferral. Doreen Mackey of 637 8th Avenue South addressed the council with a concern that the project is a financial burden, especially for the senior citizens and expressed her opinion that the project is not needed. She also expressed a concern that the deferral process was not being explained so as to be understood by the average person. Council MA~~~r Hesch asked if the ten year limit on deferral could be readdressed and if the deferral process could be explained more thoroughly. City Attorney, Jerre Miller, stated that once the -•Assessment Roll has been adopted, the appeals cannot be. readdressed. City Manager Mielke said that the project could continue and the assessment roll be adopted at a later date. • . April 16, 1996 City Council Meeting Page ~ 4 Council IK~h~r Hesch moved and Council Member Johnson seconded a motion to continue the construction timetable as laid out and to continue the assessment roll public hearing to a future meeting " allowing staff time to make sure all are notified again with a complete explanation of the deferral process for senior citisens. A poll of the vote was as follows: Council Member Jensen, Aye; Council Member Hesch; Aye; Council Member Johnson, Aye; Mayor Redepenning, Aye. The motion was carried unanimously. A discussion followed. Mr. Mielke asked the City Attorney if the action on the appeals could be delayed with the action on assessment ro118. Mr. Miller, City Attorney, answered that if you are going to continue the 'public hearing, you can. He further stated that those from the previous public hearing in Project 96-16 should also be given the opportunity to review the appeal process. Council Member Jensen moved and Council Member Johnson seconded a motion to rescind action on all appeals. A poll of the vote was as follows: Council Member Jensen, Aye; Council Member Hesch, Aye; Council M~~ar Johnson, Aye; Mayor Redepenning, Aye. The motion was carried unanimously. Mr. Herb T~~~+~Ari, 621 8th Avenue South expressed his • concerns' over more delay of the project. Mr. Leon Clark, 646 8th Avenue South, asked if the dates for paying the assessment still apply. Mr. Gessele said that those dates will not be in effect,. . , V. OLD BIISINESS A. CONSIDffit ACTION - "DOME" PROPERTY (CR96-72) Paul Steinman reported to the Council that fn October, 1995, the HRA/Council made a'decision to retain the dome roof and explore the . possibility of utilising the structure. staff was requested to research the issue and provide that information to'Council. A "Dome Committee" was formed to research and provide an analysis of the issues regarding the dome. Staff recommended a motion to authorise staff to solicit bids and enter into a contract for demolition of the dome roof. Don Hagen who owns the building that Taits super Valu is in, requested removal of the Dome. Bob Miller of Merriam Park Company said that he felt the dome is an asset to the Central Business District and that the expense of the project could be lowered. ~Ed"Hanlon of the Boston Garden Restaurant, expressed his gratitude to the Council for taking the time to research the issue and expressed his desire to retain the dome. 'April 16, 1996 City 'Council Meeting Page 5 ~ - ' lrathy Rolf, business person expressed her support for keeping the' ' dome. • Don Roesner, 618 Mest Park Valley Drive e~cpressed his support for the dome. ' ., Council M~~nr Johnson•moved and Council Member Hesch seconded 'a . ' motion to+authori$e staff. to solicit bids and enter into a contract for demolition of ~ the dame roof. A poll• ,of the vote was as follows: Council Member Jensen,, Nay; Council Member Hesch, Aye; Council l~r~~--r Johnson, Aye; Mayor Redepenninq, Aye. The motion was carried., VI. ' . VI. NEN BUSINESS - A. CONSIDER ACTION = APPROVE DISART~~ TRANSFER ZONE, 38 - 14TH • • AVENUE 'NORTH ~ (CR9 6-67 ) . Jim Gessele reported that the resident of 38 14th Avenue North has requested a'transfer $one to facilitate loading/unloadinq•of a disabled resident. The resident meets eligibility requirements under ordinance provisions. Residents within a 350 foot radius of the ~•proposed one•were notified. of the application. ' Staff recommended a motion to adopt Resolution 96-34; approving the •installation of a 'disabled transfer $one• at 38 14th Avenue North. Council 1~lember Jensen moved and Council Member Hesch seconded a motion • to adopt Resolution 96-34-approving the installation of a disabled '''transfer $one at 38 14th Avenue North. A poll of the vote was as follows: Council Member Jensen, Aye; Council Member Hesch, Aye; . .Council Member Johnson, Aye; Mayor Redepenning,, Aye. The motion was , carried 'unanimously. ' , _ , B. CONSIDER ACTION - APPROVE CONSTRUCTION CHANGE ORDER 4 LOT 300 (CR96-77) ' Steve Stadler reported that in February, 1996, RLK informed staff of a $16,640.36 construction change order. The project has been complete for over a year. Staff was under the impression that construction ,payments were~up to date, but the contractor had not been paid•for . several maior construction items. City staff requested the work, the work was completed, and the contractor wasn~t paid. Staff recommended a motion to approve the Construction Change Order Number 4 as it relates to Alleyscape and Lots 300/700 Improvements, Projects 94-13 and 91--13. Council Member Johnson moved and Council Member Hesch seconded a ' •motioi's to approve the construction change order n~~,~~---r four, as it relates to Alleyscape and Lots 300/700 improvements, Projects 94-13 and 91-13. A poll' of the vote was as follows: Council Member Jensen, ^. • - , . April 16, 1996 City Council Meeting Page 6 Aye; Council M~rjr Hesch, Aye; Council l~~rar Johnson; Aye; Mayor Redepenning, Aye. The, motion was carried unanimously. 'CONSENT' AGENDA 8. APPROVAL OF ACTION -PETITION, "NO TURN ON RED" SIGNS,•17TH AVENUE AND MAINSTREET (CR96-76) .~ , Council Member~Hesch explained that the petition originated from the Girl Scouts who mere going through the process to•earn s~bsdge. She ~ 'asked that it- 'be 1'ooked into without expending a lot of staff time. .• Council l~~r:r Hesch moved and Council Member Jensen seconded a motion to accept the petition requesting "No Turn On Red" signs at the intersection of 17th Avenue and Mainstreet and direct 'staff to undertake a .traffic study. ' VIII. REPORTS- COMWIITTEES/COMMISSIONS •. I. ,' Council I~~:x'Hesch reported that she attended a Park•Board Meeting • where the bike trails and their effect on the economy of the Cfty were ~ discussed. She also attended the Raspberry Board Meeting and reminded ' .sil that~the festival will be -a week earlier than usual this yea=. IX. ADJOURNMENT . .There being no further business, Council Member Hesch moved and Council 1Ke~~~r Johnson'seconded•a motion to adjourn. The meeting was adjourned by un imous consent at 10:15 p.m.' ~ ~ er ier, Deputy City Clerk • COUNC MEMBERS ' ~ ~ ~ ~ /~. ~ ~ ' ' ATTEST _ ~0~- ~Charles D. Redepenning, Mayor ~ ~~ . ~ ~ .• . . ..