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02-18-92~ ~3 %~ ~ A regular meeting of the Hopkins City Council vas held on February 18, 1992 in the City Council Chambers of the Hopkins City Hall. Present vara Mayor Berg, Councilmembsrs Anderson, Shirley, l~itsler and Redapenninq. Also present vera staff me®bars Kielke, Gsnallie, Harmeninq, Gustafson, Gessala, l~errigan and City Attorney J_tre Killer. I. CALL TO ORDER Mayor Barg called the meeting to order at 7:30 p.m. II. SPECIAL ORDER OF BUSINESS (a) S='R~~1GE l~LEBTING DATES FOR NARCH 3RD AND 17TH Staff racosm:endad that the Council change the Narch 3rd Council meeting data because no meetings are allayed on the day of the Caucus after 6:00 p.m. ~. l~felka also inforaad the Council that Narch 17th vas St. Patricks day and this could pose a problem for some of the Council. After discussion Councilmember Radepenning moved and Councilmember Anderson seconded the motion to hold the first Council meeting of the month on March and and to stick to the schedule holding the second Council maetimq in Narch on the 17th. A poll of the vote vas as follows: Councilmembar Anderson, Aye; Councilmembar Shirley, Aya; Councilmember ~itslar, Aye; Councilmembar Redepenninq, Ays; Nayor Barq, Aye. The motion carried unanimously. III. OONSENT AGffi~DA 1. APPROVAL OF THE ~ul~RY 4, 1992 REGUL~IR COUNCIL MEETING 1~rur~sS a . APPROVAL OF DIanuxSffi~ffi1TS, PR~•TST 881 3. APP:.avis l~IIS~'~•r-ANBOUS LICffi~8$ APPLICl~ITIONS -ADOPT 4. RESOLUTION NO. 9a-15 lC~iiSv PLRNS AND SPECS & ORDRRTVG BIDS FOR GR,~urL1iATER l~i0ir1`i~yT~G 11SLLS - Li~NDFILL (Rpt. No. 9Z-43) 5. APP:.av~s PLAINS ie SPECS -ORDER BIDS - 1~TOLLMOOD STREET R~~N~ri'K~'Li•ION (Rpt. No. 9a-49) 6. APPROVE REVISED LEGISLi~1TIVE POLICY -SOLID MASTE 7. ADOPT RESOLUTION NO. 9a-17 REGARDING BULB ITffi~ PICKUP (Rpt. No. 93-51) 8 . SET PUBLIC HEl~IRING FOR CDBG P'ROGR~IM (Rpt . 9 a -4 4 ) MAItCS a , 199a 9. APP'.~v~ APPOINTI~lENZ' OF RICBARD BRAUSffi~T - PARKING CO~MI'1`1'LJS 10. APPROVE 3 . Z ASR LICffi~SE - ST. JOSEPH S vn!~~O~I 11. APP+.ava 3.a BEER LICENSE - ST. .70HN~8 wiuKCH ~ ~ i' ~ 4 s February 18, 1992 Page Z 1a . APP~ov$ oN-sAZ$ 3 . z ~~ LIC~s$ - ~-DOS~oa GOLF c:Ou~cSs 13 . Au int~~I B$ NAYOR ie NI~INAG~ TO SIGN 1~iD$D AND R$STAT$D AGR$ffi~'P N$STBNOOICg PATIO 80~$S ASSOCIATION (Rpt. 9Z-~8) Mayor Barq requested that Item No. 13 on the Consent Agenda ba bald until the and of the meeting. Councilmembsr Rritslar questioned the sap on item No. 4. Jim Gassale assured the Council that the aonitoring eras being done on the property and not in the houses. 8e also questioned the `rordinq on Item No. 6. Lea Gustafson acid this `could be corrected. After discussion Councilmeabar Redapenninq moved and Cauncflmember l~itsler seconded the motion to appt~.-~ the Consent Agenda cmittinq Item No. 13. A poll of the vote vas as follavs: Councflmamber Anderson, Aye; Councilmambar Shirley, Aye; Councilmambar I~itsiet, Aye; Councilmeeber Radapenninq, Aye; Mayor Barg, Aye. The motion carried unanimously. IV. OLD BUSIN$SS (a) CONSID$R ACTION - PnR~~lB$ OF Ri1NSGAT$ PAOP$RTY Tom 8araeninq gave an avervieM of his memo to the Council. At the January Zi, 199Z Council meeting Council authorised staff to obtain an appraisal of the above ~eo~erty and to negotiate a sale price Kith Nr. Jones for the property. Council directed staff to ~~a~ara, for possible future use, a resolution authorising tha co~anca~aant of an eminent domain procedure to acquire the praparty. T'ha City Council established an overall budget of $ZOO,000 for the purchase of tha property or to pay for the City•s expanses for utilising eminent domain should it become necessary. The City Council also indicated that the source of funds for this purchase should be from private donations and that these donations vacs to be provided by February 18th unless an extension Naa agreed upon by the developer and City. ` ~~ ~~ T .' February 18, 1992 Page 3 The City staff had an appraisal co®pleted on the subject property which initially determined the total value of the property to be $124,700. Based upon input from: representatives of ~. Jones, the City~s appraiser re- axamined the appraisal and revised it to indicate that the value of the property ranged betmraen $162,000 and $192,000. 1~. Sarmeninq presented the Council with a draft of the tares of the sale, agreed upon between 1~. Jones and the City dated February 18, 1992. The terms very as follows: Purchase Price - $285,000 Donation of $100,000 by dark 8. Jones to the City or l~sighborhood as daem:ed a~~ ~~ iota. Balance of $185,000 to be provided by neighborhood through donations. City a~~~.-as final plat/landscapng plan subject to understanding that lam. Jones does not file the plat with County, doss not revove trees from: the property or otherwise disturb the site, or apply for building permits for a period of at least 30 days (arch 24) or otherwise experience any other undue expense relating to the davelopm~ant of the Pr~rtY- This 30 day period would allow the follomrinq to occur: o Al1o~r neighborhood additional tiaa to rails remaining funds. o Allow for details to ba worked out on the sanitary sewer easement. o Allow for details to be resolved on donation issue, i.e. should donation be lade to Haighborhood or City? o Allow for details to be resolved on the overall structure of the sale. ' o Allow for details to be resolved on property owner assessment. If $185,000 is not raised or committed within the 30 day period, 1~. Jonas has the option of proceeding with his development. It is understood that 1~. Jonas Mill not oppose the City~s recision of the final plat a~~i o~-al if he should faf 1 to perform n good faith on any of the stated ita~s. ~• f ~ 1 February 18, 1992 Paq 4 1~. Chris 8ayhoe, Attorney for MF. Jones, stated that the draft of the proposal is basically correct, but felt that the easement is a separate item betMaen the City and l~r. Jonas. 8a also stated that the last paragraph concerning the recision of the final plat a~s~val is unacceptable and offensive. Larry ~cileff stated that he saN soma light at the end of the tunnel but 30 days Nas a tight MindoM to raise the additional funds. Neil 8ei]ckala, Attorney for the ~Iinnehaha Oaks Association, stated that he Mss also pleased with the progress the staff had made but does not think the final plat and landscaping should be aY~~rad at this time. 8e also stated that in good faith the time frame should be a~ctended to 60 days for raising the funds. He said ha had a difference of opinion on the value of the land but would accept the $185,000 figure. Should his group not be able to raise the funds in the time frame ha could then ask the Council to proceed Mith eminent domain. Archie Carter, stated that he ras concerned about the $x85,000 price and the donation of $100,000. Gina IClaNitter, 31Z Tyler Avarua North, stated that she feels that the preserving of the property benefits the adjacent residents, as wall as the ~rhole City, and is in favor of saving the property. She Mould ask the Council to research the ecosystem throughout the City and not remove old trees. Nt. 8ayhoe stated that the 30 day period is reasonable and to impose further limitations doss not preclude an e~ctension on the construction issue. After further discussion Councilmembsr Shirley moved and Councilmambar Kritslar seconded the motion to agree to the terms and finalise the sale as indicated minus the last paragraph, and to direct staff to ~rork toward that end. In addition 1~. Jonas is to provide a latter indicating his ay~~amant Mith the terms of the sale. A poll of the vote Mss as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Cauncilmamber lcritsler, Aye; Councilmember Radepanninq, Aye; 8ayor Harq, Nay. The motion carried. _ ~~ r February 18, 1992 Page S (b) OONSIDffit ACTION - IIS$ OF ffi~III~SN'1' DOfKAIN TO P'TiR~'R#S$ IitAKSGAT$ PROP$R7.'Y The City Attorney has drafted a resolution Nhich would make findings of fact supporting and a~.~wvinq the Pr~.~aration of a petition to initiate eminent dao^ain proceedings. Co:uscilmember coved Radapanninq and Cauncilmember Shirley seconded the notion to continua this item. A poll of the vote ras as follors: Councilmea~ber Anderson, Aye; Councilmember Shirley, Aye; Councilmember l~itsler, Ays; Councilmembar Redapenninq, Aye: Mayor Barg, Aye. The motion carried unanimously. (c) CONSIDffi,t ACTION - RAKSGoi~TB PROP$RTY -FINAL PLi~T Staff recomme~ndad the follorinq motion: Kowa to a~~~.~e Resolution No. 91-i5a aY~~~inq the final plat for the Ramsgate Znd -addition. The plat is being a~tv.red in consideration of action taken on the land acquisition issue discussed earlier in the meeting. - Councilmembsr Anderson moved and Councilmember Shirley seconded the motion to a~~otia Resolution No. 91-15Z. A poll of the vote ras as follors: Councilmember Anderson, _ Aya; Councilmember Shirley, Aya; Councilmembar iC'ritsler, Aye; Councilmamber Redepenninq, Aye; Kayor Barg, Aya. The notion carried unanimously. (d) CONSID$R ACTION - RI~SGAT$ PROPffit'1'Y - Li~NDSCAPING Staff reca~andad that the Council ab~~.re the landscape plan dated 10-30-91 and require applicant to fence the trees identified to remain before construction to prevent damage to the trees. Councilmembar Shirley moved and Councilmember Anderson seconded the motion to a~~w~-a the landscape plan. The landscaping plan is being a~~o.red in consideration of the action taken on the land acqusition issue discussed earlier in the meeting. A poll of the vote ras as follors: Councilmember Anderson, Aye; Councilme~mbar Shirley, Aye; Councilmember ~itslar, Ays; Councilmembar Redepenninq, Aye; Kayor Berg, Aye. The motion carried unanimously. (e) CONSID~ ACTION - ZND READING - ORDINANCE NO. 9Z-703 ADOI~ ORIBNZ'$D BOSINBSS$S ~ .. r Feb~'uas'y 18, 199a Page 6 Staff recoemended adoption of the folloMfng lotion: Kove to adopt Ordinance No. 9Z-703 for second reading and order published. Councilmembar Shirley moved and Councilsembar l~ndarson seconded the notion to adopt Ordinance No. 9Z-703 for second reading Kith the word change and order published. l~ poll of the vote vas as follo~rs: Councilaembsr l~nderson, l~ya; Council ember Shirley, i~ye; Councilmembar ~Critaler, lye; Councilmembsr Redepsnning, ~1ya; Mayor Berg, lye. The motion carried unanimously. Mayor Herq at this time brought back item No. 13 of the consent agenda. CONS$NT 1~1Gffi~iD~1 ITffi~ NO. 13 l~ui•~~»TSS I~YOR i Nl~lNl~lGBS TO SIGN ~D$D R11D R$STI~TSD 1~lGR$ffi~NT - NSSTH8001C$ PATIO HOBS 1~lSSOCII~ITION (Rpt. No. 9Z- ~8) Staff rata adoption of the follavinq motion: dove to a~~~•t~.Ia the ~lmandad and Restated Remediation and Monitoring i~gresment rich the Nestbacooka Patio Homes l~ssociation and authorise the Mayor and City Manager to sign the agreement. This action would alloy the City to enter upon coa^mon Mastbrooke property for the installation, monitoring, and aaintanance of certain groundwater veils as required by the ~. Mayor Barg asked !~. Gassala if it could cause a problem to bring this item back to the Council meeting On March Z, 199Z? 8e vas concerned over the deletion of all existing agreements having to do with possible continued problems on the Mestbrooka Patio Homes property. lam. Gessale assured him that the City would not be encroaching on Mestbrooka property. The basic system is located on City property. 8e also stated that it vas vary isportant to pass the agreement at this time because the ~ could step forth to take action. lifter further discussion Councilmea~ber Redepenninq moved and Councilmembsr Rritalar seconded the motion to a~~rare item No. 13 with minor language change to be ~~~r~ssad. + ~ r ~+~ February 18, 1992 Page 7 A poll of the vote aas as follows: Cauncilae'ber Anderson, Aye; Council~e~ber Shirley, Ays; Councilmember icritsler, Aye; Councilmember Redepenninq, Aye; Mayor Herq, Aye. The motion carried unaniaausly. v. N$11 Husil~ss (a) CONSID$R ACTION - FIRST RBI~DING - •~•,~, in IN 8OIISING ORDINANC$ NO. 9Z-705. Staff reco®ended adoption of the follo~rinq motion: Dove to a~~a.-e for first reading Ordinance No. 9Z-705 Which Mould establish a Truth in Housing code for the City of Hopkins. Mayor Hera felt that soma of Mordinq needed to be ~~Aressed before the second reading. Hill Gerst, Minneapolis Association of Realtors, ~~~ress~d the Council. He said that he is in favor of the ordinance and that truth in housing Kith repairs of hasardaus conditions, before a home is sold, is the correct a~~oach. Jack 8elvy, evaluator in Minneapolis, also s,AAreSSed the Council. He said he Mas pleased that the Minneapolis evaluators Mould get an opportunity to do this Mork for the City of Hopkins. 8e said the average fee `ras about $100 Mich the possibility of a $a5 raise in the near future. Carl C~~+~nstram, Hdina Realty, stated that he preferred the Minneapolis a~~~ach there the owner of the home is not required to repair the items before sale of the house. He said that the buyer is aMare of the problems before purchasing the property therefore the property is sold as is or the purchasers can negotiate Mith the sellers for the repairs. After a brief discussion Councilme~aber Shirley moved and Councileember Redepenninq seconded the motion to a~~rc~re for first reading Ordinance No. 9Z-705. A poll of the vote ras as follows: Councilmember Anderson, Aye; Cauncilmeaber Shirley, Aye; Councilaember 1Crit$ler, Aye; Councilmember R~epenninq, Aye; Mayor Herq, Aye. The motion carried unanisously. n t ~ • ~ ~ F February 18, 1992 Page 8 (b) DISCQSSION - HOP-A-RID$ RSQIIgS'P The Regional Transit Hoard have ~~tacted the City regarding the expansion of the Bop-A-Ride service to iCnollNOOd. The reason for this inquiry fs that the RTH's Five Year Transit Plan has identified l~ollvood Nall/Tasy~L as a key transit hub for the Nesta~n suburbs. The RTB has indicated that extending the Bop-A-Ride service to this hub and developing transfer reciprocity with the I!1'C and Urii...~ amity of Ninnasota systems could provide vastly improved transit service to the residents. Currently the Bop-A-Ride service goes to three destinations outside the City. The three are as follows: Methodist Hospital, Opportunity Nark Shop, and Shady Oak Heach. This item xill ba continued until the next Council meeting on March 2, 1992. Jim Gassale informed the Council that Item No. 5 needed to be changed due to the change in the Council meeting data from March 3rd to March 2nd. Ha requested that the Council adopt Resolution No. 92-18 amending Resolution No. 91-12, for a hearing on Proposed Assessments, Mainstreat Improvements, Project 90-048, to set the h~~*'inq data at 7:30 p.m., on March 17, 199x, that a notice of h~~rinq be republished in the official newspaper two ~raaks prior to the ~1~~*'il'~, and that notices bs remailad to all owners of affected property. Councilmembsr Redapenninq moved and Councilmembsr 1C'ritaler seconded the motion to adopt Resolution No. 92-18. A poll of the vote ras as follo~rs: Counciluember Anderson, Aye; Councilmember Shirley, Aye; Councila~~r Rritalar, Aye; Councflmember Redapanninq, Aye; Nagar Harq, Aya. The motion carried unanimously. VI. P'QBLIC CNgNTS/CON~-~~NB There rare no public counts. VII. R$PORTS - CO~IIrII'1'1'a~s8/CO~II~IISSIONS Mayor Hera reminded the Council of the Council/Staff retreat on February 28th and 29th. • • s:, a February 18, 1992 Page 9 VIII . AD~vu~l~$NT CouncilBe~ber Redepenninq Roved and Councila~aBber Anderson seconded the action to adjourn. The aeetinq adjourned by unaniacus consent. Ras fully subaittad, _` . ~ % - ci, fat Gisborne, De•=~~ Clark c~iur~CI _ ~ ~~ ~~`~ . '7 ~ ~,- ~/ _ .~ ~ '~ _ ~s Bon 1i. Herq, 1Layor . \ ; C~