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09-07-93._ • s A regular meeting of the Hopkins City Council vas bald on September 7, 1993 in the Council Chaab rs of the Hopkins • City Hall. Present vets Hayor Redepenninq, Cauncila~embers Anderson, Hesch, ~Critaler and l~axvell. Also present vets staff maa~bers ~Iielke, Genellis, 8araeninq, Gustafson, Kerrigan, Gessele, Schadier and City Attorney Jura. Killer. I. CALL TO ORDER Mayor Redepenninq called the meeting to order at 7:30 p.m. II. COHSENT AGENDA 1. APPROVAL OF THE Au~uai• 17, 1993 REGUI~i~IR l~EBTIHG KIi~141'JSS a . APPROVAL OF Dla:suxSffi~ENTS, PR~•TST 919 3. APPROVAL OF KIS~'~•T~HEOIIS LICffi~SES 4. APP~av~s Ra~ujcBI88 OF POHffit 'PRAHSI~ISSIOH - Li~DDBR •ia~:1t:1C (Rpt. 93-151) 5 . ADOPT RESOLOTIOH OPPOSIHG N ~~r~IH c~iuri•Y ROADI~AY POLICY (Rpt. 93-93-147) 6. APPROVVE RCL~ c~~•ixli1CT - HIHE FILE ~''R~C (Rpt. 93-146) ~ 7. APP'.~va APPPOIT OF DOOGL~lB S~TB$ TO CHE~[ICAL COl~II~IISSIOH 8. APP'*~ava APPOINT OF CODpTY ROAD 3 CO~IIrII•i-i•~ ~RRRl~ 9. P's~•~HARY TIF - TSrECH (Rpt. 93-138) 10. ORDER BEl~RIHG - 1~ISCELLi~I~TEOQB ASSESSH~•~•s (93-143) iZ . ORDER HEi~RIHG - ZHD STREET ST. H.E. SIDEitALiC (Rpt. 93-144) 13. ORDER HEI~RIHG -ALLEY RECOHSTRIICTIOH (3 Alleys) (Rpt. 93-145) 14. 3.a BEER APPLICi~TIOH -JAYCEES (Rpt.93-140) 15. APPROVE 3 . a RJR APPLICi~ITIOH - ST. JOSEPHS vnuKCH (Rpt.93-141) 16. APPROVE RESOLUTIOH HAIVIHG 30 DAY RAITIHG PSRIOD FOR GA1~AT.TKG LICEHSE - ST. JOSEPHS (Rpt. 93-137 ) 17. APP~va BID AiIARD - AUTOMATED REPOSE TRIICIC (Rpt. 93-150) Mayor Redepenninq asked that Item Ho. 17 ba removed and placed at the bottom of the agenda. Councflmember Anderson moved and Councilmam.~r Kaxvell ~•~~Qnded the motion to approve the Consent Agenda. A poll of the vote vas as follows: Councilmember Anderson, Aye; Councilmember Hesch, Aye; Councilmember 1Critsler, Aye; Councilmember Ma~ell, Aye; Mayor Redepanninq, Aye. The motion carried unanimously. s Septesbsr 7, 1993 Page Z III. a. PQBLIC HFi~RINGB CONSID~ ACTION - 1~~T CI~PIT~1L S PL~II~ (Rpt. 93-135) Staff racossLandad the City Council conduct the public ~+-~Tinq on the 1994-1998 C.I.P. and schedule further raviaM of the C.I.P. at the Councils ~rork session. i~lp~oval of this action could allots the review and adoption process to ~~~tinue on the Capital Improvements plan. Tom Haraaninq gave an avarvieM of the Capital Improvements Plan going over the aajor impraveme~nts planned for 1994. Mayor R,adapanninq opened the public ~+~~rinq at 7:48 p.m. Tom Graena, 14 Hawthorne Road, questioned the amount the local tax payers would be facing, and exactly ghat would they be paying for. 8a also raco cutting the budge!. and not increasing it. Ha stated that he felt that the report should be made available to the general public. 1~. l~ielke stated that an inforaational document eras available on the table in the lobby for anyone whA Nishad to read it. Hob Tickle, Z48 Hawthorne information be put in the brea]cdown on ghat the County, paying for. Road, suggested that the Hopkins Highlights with a State and local tax payers era John Novak, 534 Fast Park Valley Drive, suggastad prioritiainq ghat Heads to ba done Kith information as to spacif ics of the pro j acts. Mayor Redapeiusinq asked if some type of information could ba mailed or if copies could be made available. Councilmsmber i~nderson stated that the residents including the Council were all in this together and the public should be informed and asked for input. Councilmember ~IaYwall stated that this fs a one year proposal and nothing would be done without further Council discussion. r a September 7, 1993 Page 3 Don Roasner, 618 Hest Park Valley Drive, suggested that the overhead be adjusted so that the audience could read it. He also suggested putting the information on Cable T.v. and in the newspaper. Joey Carlson, X35 Hiawatha Avenue, asked shy the property owners on l~ainstraat were not informed about the necessity of installing a sprinkler system before the l~ainstreat renovation was done. Mayor Redapanninq informed him that several attempts ware made to inform the property owners of the need to put in the 4" main before the repairs and new side~ralk ware installed. Ha also stated that at least Z5 businesses did put in the main. Councilaembar Hesch suggested that a handful of people would read the information and suggested a tatyeL group could gat information on the C.I.P. R~~ring no more counts, Councilmeabar Anderson moved and Councilmembsr l~a~nrall seconded the motion to close the public ~+~ ~rinq at 8:05 p.m. A poll of the vote was as follow: Councilmambar Anderson, Ays; Councilmemiber Hesch, Aya; Councflmea~bar 8ritaler, Ays; Councilmembsr Nazvall, Aye; Mayor Radepenninq, Aye. The notion carried unanimously. b. CONSID$R ACTION - PffitP'OR'l~IING ARTS TSF1~lTffit Tom 8armaninq gave a summary of the proposed Performing Arts Theater. The purpose of the public hearing vas for input from the public on hoM to proceed and if the City should proceed with the project 8e discussed the else, cost, funding sources, operating costs, and the forming of an Arts Board. Mayor Redepanninq stated that ha had received a lot of questions about the project and would like to address three of the questions. 1. I~hy does the City want to buy the Suburban Chevrolet land? Z. Bow will the pur~~+~da affect the rasidants~ t~~As? 3. Shy buy the land and have it pay less than the present owners? Saptemb r 7, 1993 Page 4 Mayor Redapenninq explained that the loss of Suburban Chevrolet would ba felt throughout the city and to get sa®a other project going eras vary important. l~lso Kith the addition of the proposed restaurant and a~ovis theater the t~~as this would generate would exceed the t~••es paid of Suburban Chevrolet. 8a also stated that Kith Tax increment Honey the proposed project would not add to the tax payers costs. Mayor Radepenninq opened the public hr#rinq at 8:Z8 p.m. Stave Barbario, ~~~utiva Director of Childs Play, addressed the Council r~statinq the benefits of having this project in Hopkins. Haarever, he would appreciate same type of formal commitment on the part of the City. Michael Sima^ons, Se~aLary, Treasurer of the Minnetonka Dance Theater and School, also appeared before the Council to inform the public about the accomplishments of the school and *h~~ter. Mika Killer, Chairaan of the Neighborhood Aldvisory Board said that the Board supports the idea of a psrfbrminq arts and entertainment center. Mark Senn, President Hopkins Business and Civic i~ssociation, said the his group is in support of a community facility. Ha also stated that his group raco~ends that not over taro aillion dollars of TIF funds be used. The group mould like the facility to ba ~:.~~tirollad and managed by the city. Tom Green, Interlachan neighborhood, questioned shy the City would put in coney to a non ~wfit or~y~,.nisation. Duffy Bran had several points that he ranted to bring up stating that Hopkins can not afford tax exempt property on Mainstraat. Ha also questioned what Mas ~rronq rith $isanhoarar School continuing to be the haadquartars of Childs Play Theater. Ha requested a referendum on the project including the Taits Grocery Store. Bob McDonald said he supported the project stating that it would improve the economic viability of Hopkins to have the Performing i~rts Canter . John Strojan. 309 Althea Lana, questioned hoar much Nill the residents benefit from a performing arts canter. '. September 7, 1993 Page 5 Batty Folliard stated that she is very eYCitad about having Childs Play in the City and is vary supportive of the project. Jim ~lilliams questioned the benefits to the City of having this facility. Don Rosenar Nos against using TiF finds for this project. Kate Kiamal, 335 Campbell, felt that having the facility would develop a strong sense of Caasunity for all Hopkins Citisans. Bruce Ragan, 9 Monroe, suggested that the City tall them to qo someplace alas. He could not see hoer this project could benefit Mainstrast. Doug Dahlberg stated that during his campaign ha found that almost no one Nas in favor of using public funds for this project. Nelson Berg, Hopkins Business parson, said the project 'ras a strong clamant improving the imago of the city and worthy of significant support. Bob Tickle felt that the project Mould ba a cultural success but a financial disaster. Jim Shirley, 3Z3 11th l~venue North is in favor of the project and hoped that the community Mould stick their Hack out rather then play it sofa and sea ghat happens. Karam Jansen stated that the people have a lot of support and concerns and era not totally against the project. She is 100 in favor of an entertainment comoplsY. Jim ~stus, i Faradala Road, supported what Nelson Berg said and that to have multiple use of the building would be a great asset. Ha also said that it could take management and marketing to make it a great s:~~~~¢s. 8d Bolandar stated that it could be a very good investment for the City and one of the far chances they have of making Hopkins outstanding. Don Rosaner said that the residents era concerned about costs not against the facility. lifter hearing no more comments Councilmambar l~nderson moved and Counci~ r Kritslar seconded the motion to Close the public ~+p~rinq at 10:14 p.m. September 7, 1993 Page 6 Councilme®ber 8esch stated that she is in favor of an Arts Board and forum. She feels the City need this facility. Councilmembsr Anderson asked if the agreement with the developer far a th-meter and restaurant vas still in effect. 8a stated that he is all for Childs Play but felt that at the least they should pay a 50/50 split with City. Councilmea~bsr ~C`ritsler stated that he is interested in the facility and that tax revenue from the the meter and restaurant would cov er the TIF funding. 8e stated that the City needs a spark to gat unique things going so that the residents can look with pride at the Center. 8e also ads ~.-ad of the idea of an Arts Board. Cauncilmember haxvell vas also in favor of the Theater and Restaurant, including the Performing Arts Canter, but felt that the project should ba done right allaMinq space enough for other activities. Mayor Redapanninq said that the Council should aaka a decision at the next Council 'eating. Dave holler, Chairman of Childs Play Theater, said that his group can not gat a great deal of funding with out a location, therefore they are stymied as to what steps to take. Councilmambar Anderson racomomsndad that the Council give Childs Play Theater a decision by mid October. City hanagar Stave hielka stated that ha would place this item on the next agenda far further discussion. Discussion would include the topics of the Arts Board, the financial state of Childs Play Theater and further concansus or direction. IV. OLD BIISII~SS a. COHSiD$R ACTIOH - 1ruHra~lA~lA OA1C8 (meaao) During the August 17, 1993 City Council :sating the Council asked staff to examine alternatives for providing relief to the four property owners along Hiawatha Avenue who signed the loan/special assessment agreement. This agreement is related to the purchase of the 1.5 acres hark 8. Jonas ~~~Y - Toe Harmaninq gave an overview of the situation. • t September 7, 1993 Page 7 Irene Ibsen, Joey Carlson, and Pd Strom appeared requesting some relief over the present situation. ~s. Ibsen Mantel to qo over the situation again claiming that the oak trees Hera to ba used as a buffer and not built on. Mayor Redapenninq said that Mas not the issue. The issue Mae could the City give some relief to the four people Mho signed the agreement. Joyce Picha, iZth Avenue Horth stated that she had circulated a petition against the City purchasing the property and is totally against the City paying far something that benefits so fall and does not benefit the majority of the residents. Don Rosaner stated that there Mae nothing to substantiate that the property Mae used as a buffer. Jim Shirley gave soma background on the history of the property and agrees that at no time Mae 1~. Jones property to ba used as a buffer for the residents of BiaMatha. Mayor Rsdepenninq asked if the City Mere to forego the interest and allow the property to be awned by the (4) residents Mould the other neighbors trho ariginally sought to keep the property vacant contribute to the fund. lbs. Ibsen said that the neighborhood Mae torn apart and that people no longer speak to her. Councilmambars Anderson, ~it$lar and KaxMell all felt that as adults the four homeowners knell ghat they Mare getting in to and should not expect the City to pay far property that doss not benefit the entire City. Councilmember Hasch felt that the people Mere somehow coerced into purchasing the property and signing the financial agreement. City Attorney Jerry Miller informed lss. 8esch that hs had triad to discourage the buyers and that everything had bean very open and above board. Ha also stated that t~A~a people Mara not children and certainly knee Mhat they Mere signing. Councilmembar 1~axMa11 moved and Councilmember lcritsler seconded the motion to investigate forgiving the interest and to al1oM the group time to ~:.~st'~.act the rest of the neighborhood to see if they can coma to same agreement. September 7, 1993 Page 8 A poll of the vote ras as folloars: Councilmamber Anderson, Aye; Councilmamber Hesch, Aye; Councilaambsr R'ritaler, Aye; Councilmember Ma:c:rsll, Aye; Mayan Redapsnnfnq, Aye. The motion carried unanimously. b. CORSIDffit ACTION - 1711 FIRST STR$ST FORTS (Rpt 93-148) Staff reco the follo~rinq motion: Move to raco~omend the tNO property o~rners undertake aadiation through 1~est Suburban Mediation Center. 1~ith a~~~oval of this motion, Ms. Runs will be referred to 1~est $ennepin Mediation Center to begin the mediation process. If mediation is not successful and Ms. !Cline is required to disw~~~.inue use of her septic systaca, staf f ~rould reco:emend the services be allo~r+sd to ba e~ctended to her property with the cost assessed per the normal City policy (8~ awr ten years) . Councilmember R`ritaler moved Councilmembsr Anderson ~~~*:ded the motion to continua this item at the request of the principals. A poll of the vote Nas as follaMS: Councilmambsr Anderson, Aye; Councilmember $esch, Aye; Councilaember R`ritaler, Aye; Council amber Maxvall, Aye; Mayan Redepenninq, Aye. The notion carried unanimously. c. CONSID$R ACTIOR - SSa~irc RBADIl~G STORM Soffit ORDII~ARCS Staff recomended that the City Council a~~o~re far second reading and order published Ordinance 93-730. COUncilmember MaYMell :Quad and COUncilmember $ssch -~n~nded tie motion to a~~~~-e Ordinance Ro. 93-730 and order published. A poll of the vote Nas as folloars: Councilmember Anderson, Aye; Councilma~:ber $esch, Aye; Councilmembsr l~itsler, Aye; Councilma®ber Ma~nrell, Aye; Mayan Redepenninq, Aye. The motion carried unanimously. v. xa~ svsl~ss Staff reco:omendad the follavinq motion: Move to a~~~ve Resolution Ho. 93-93 aY~~~ing Ordinance No. 93-7a5 far first reading amending the 8oninq Ordinance to permit religious institutions as a conditional use permit rith the H-Z and 8-3 soninq districts for first reading. September 7, 1993 Page 9 a. CONSIDER ACTION -FIRST REi~IDiNG OF ORDINANC$ - ca~,~r!r~~a IN CO~II~CIAL 80NE Staff recamametided the follovinq cation: Dove to a~~wde Resolution No. 93-93 a~~o.rinq Ordinance No. 93-7Z5 for first reading amending the Soninq Ordinance to perait religious institutions as a conditional use perait with the B-a and B-3 soninq districts for first reading. Councilmember ~Crit$ler coved and Cauncilmember Anderson seconded the motion to continue this item until the nett Council meeting. A poll of the vote vas as follows: Councilma~sber Anderson,. Aye; Councilmember 8esch, Aye; Councilaacbsr ]~'rftsler, Aye; Councilmember Naxarell, Aya, Mayor Redepanninq, Aye. The motion carried unanimously. b. OONSIDffit ACTION -FIRST RF~IDING OF ~~~NCE NO. 93-7Z9 uauaTaRt.T~irG A S~II~N RIGSTS COIOLISSION (Rpt. 93-136) Staff rscosmended that the Council ap~ru~v~e the follavinq motion: Move that the Hopkins City Council adopt Ordinance No. 93-9Z7 for first reading. Cauncilmember Anderson moved and Councilmember xritsler seconded the motion to adopt Ordinance No. 93-9Z7 for first reading. A poll of the vote vas as follow: Councilmacber Anderson, Aye; Councilmember 8esch, Aye; Cauncilmember l~it$ler, Aye; Councilmember Mazvell, Aye; Mayor Redepenning, Aye. The motion carried unanimously. c. CONSIDER ACTION -ADOPT PR~•~NARY BUDGET AND LEVY (Rpt. 93-15a) Staff reco®nanded adoption of the folloNinq motion: Move that Resolution 93-86 "a~~~~~inq proposed 1993 tax levy collectible in 1994, adopting the preliminary 1994 general fund budget and setting public ~~~rinq dates" ba adopted. After discussion Councilmsmber Maxwell moved and Councilmember Anderson =: ended the motion to adopt Resolution No. 93-86 and set a public ~+p~ring for November 30th and Dace~ber 7th. • r ~ ~ Ssptgb~r #lJ 1993 Paq~ 10 A poll of the vote ras as follors: Councilmember Anderson, Aye; Councilmamber Hasch, Aye; Councilaerber l~itslar, Aye; Councilmember Kaxrall, Aye; Mayor Radapenning, Aya. The motion carried unanimously. item No. 17 ras brought back at this time. After a brief discussion Councilme~ober Rritslar moved and Councilmambsr Anderson seconded the motion to a~~~-e the bid arard. Councilmember Masrell, Aya; Mayor Redepanninq, Aye. The motion carried unanimously. VI. PUBLIC CO~II~!ffi~1TS/CONca~iB Shirley Fjeld requested a position on the Council agenda for the na~ct meeting. Rayor Radepenninq requested that she give l~!`r. ![ielka soma information on ~ihat she could like to discuss. John strojan•appearad before Council requesting that he also be given a place on the agenda on September Zist. George Doty, a resident of Dakota County, thanked the Council for an entertaining evening and stated that ha ras very glad ha had not con an election that he had run for. VII. REPORTS - CO~II~lI.1`1•J5J58/OO~II~lISSIONS Thera rare no reports. VIII. ADJOURNMENT Councilmember Anderson moved and Councilmember Hesch seconded the motion to adjourn. The meeting adjourned by unanimous consent. Ras ~ 11 sub®ittad, Pat Gisborne, Deputy C ty Clerk COUNCiIi~lEi~ERS _ %,.~ i - i ~,~~ _ _ A ST: ~ '" '" - - ~~ ,! \_ ~:~+~*'les D. Radepannisa-- , 3rlayvr