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A regular meeting of the City Council vas h ld on Nov~ambar
17, 1992 in the City Council Chambers of the 8oplcins City
Hall.
Present were Nagar Berg, COUncilmem~bars A:a~A~"BOn, Shirley,
l~itsler and Redapenninq. Also present ware staff me~ebers
Niel]ce, Genellfe, 8armeninq, Gustafson, Gsssela, Schedler
aacsd City Attorney Jana Killer.
I. CALL TO ORDER
Nagar Barg called the meeting to order at 7:30 p.m..
II. CONSENT AGENDA
1. APPROVAL OF TSE NOVSMBffit 10, 199a REGULAR c.~ur~CIL
NESTING l~iruiaS
a . APPROVAL OF DIsnux~Sffi~EN'PS, P'a~•TST 899
3. 1~IIS~•T~lNEOUS LICENSE APPLICATIONS
4. ADOPT RESOLOTION OF SUPPORT -REGIONAL TRAILS
5. APPTiOV$ CEUINGE ORDER #3 KSOLLI~OOD S
6. SET P'QBLIC HEARING - CBILDS PLAY THEATER/PERFORMING
ARTS (Rpt. 9Z-x39)
7. ANARD BID - HCRRA/13TH Alraaua BOX CQLVERT ie
THERL~OTEC FONDS (Ke®o)
8. REQUEST FOR ONE ADDITIONAL HANDICAPPED PARKING SPACE
NAINSTREET ST. JOSEPHS e~:ne~~ RESOLOTION NO. 9Z-106
(Rpt. No. 9a-la6)
9. ADOPT RESOLUTION NO. 9a-103 SUPPORTING
CONSTITOTIONAL ANEND~lEN'P TO CREATE A NEIP TAXPAYERS ~
•iicuai• rur~o IN lurr~aSOTA (Rpt. 9Z-Z35)
10. APPROVE 199x/1993 POLICE SERGEAN'1'S~ Ct~rixACT
(Rpt. 9Z-x40)
Mayor Barg asked Jim Gassele to qo over Item No. 7 on the
consent agenda. Nr. Gessala e:cplainad that the bid would ba
awarded to Veit ie Company for $177,936. This bid vas yell
below the Engineers estimate. RCN Associates had checked the
bids and finds no irragalarities.
The Public Searing for the Childs Play Theater/Performing
Arts Canter will be bald on December 15, 1993.
After discussion Councilme®bsr Shirley moved and
Councilmember Kritsler cc,~nded the motion to a~~ a.re the
Consent Agenda.
A poll of the vote vas as follows: councilaambar Anderson,
Aye; Councilmembar Shirley, Aye; Councilmember l~italar,
Aye; Councilmember Redepenning, Ays; Nagar Barg, Aye. The
motion carried unanimously.
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Nove®ber 17, 199a •
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III . ~C$
(1) 1~TORLr1AN C . BYR$S R8 : NESTBROOR$ PATIO H0~8 /
I1~NDFILL
Dorman C. Byres, 1320 flagon Nheei Road, appeared before the
Council to ask questions ~~.:erning the 1lestbrooke Patio
Homes/Landfill. 8e had four questions.
(a) 8e stated that the aNners are not informed about Mhat
is currently happening Mith the landfill issue.
(a) 8e Mould like to be informed about the current
methane gas investigations..
(3) 8e had received advice about selling his property
from attorneys mho said he may ba on polluted land.
(4) 8e Mantad to knoar Mhat plans are in place re-use of
the landfill .
Haomi Skelly, Board of Directors, llestbrooke Patio Homes,
also stated that there Mss not enough information from the
City concerning continued monitoring of the property. l+l~.
Gassale informed the Council that Braun intertec should be
informing the Board of Directors on a timely basis Kith any
and all information.
lrlss. Skelly said that if she received a summary of what Mas
taking place she could see that it got into the Association
neMSletter. Shs also said that hoses sales Mere really up.
lam. ~Iielke Meat aver the four questions of !~'r. Byers
ansMering each in turn.
(i) 8e asked 1~. Gessele to keep the Board of Directors
informed more often with a sw~ary of Mhat Mas going on and
to schedule an information meeting.
(a) 8e stated that continuous readings are taken on an
ongoing basis so that the City could keep a handle on the
problem. 8e also said that the readings have been erratic
on the Nestbrooke property and nothing has been concluded at
this time.
8e also informed the group that Ron Lofty an expert landfill
consultant from California had bean hired and done several
borings and is naM studying the findings and Mill be filing
a full report to the City.
November 17, 199a
Page 3
(3) He stated that the Cfty is continuing to talk rith
PCA about alternate uses of the landfill. The PCA, ,
has been reluctant to consider any change from its present
use.
(4) A,s to informing the prospective buyers of any
problems Nr. Hyers could have to consult his orn Attorney on
the matter of disclosure.
Adeline Rrikrood, 1305 Trailrood, appeared before the
Council to inform them of a problem rith her neighbor. She
said that the mater monitoring her neighbors property could
flicker on and off. This ras reported to RCLrI and they said
it could ba taking care of the follavinq day rith a near
mater being installed. So far nothing has happened and Ids.
Rirkroods neighbor is quite distraught. Her Hama is Ann
1Cotnour and she lives across the street from lOcs. 1Cirkrood.
Leslie Davis, Earth r~~i.actors, Inc. appeared before the
Council. l~r. Davis asked several questions. Both the Mayor
and 1~. ~Iielka informed Hr. Davis that they could not ansrer
any questions lri`r. Davis might ask concerning the area due to
the larsuit currently against the City.
R~~rinq no more comomants Mayor Barg concluded the
discussion.
IV. NEN BIISIN$SS
(a) CONSIDER ACTION - HIANATHA-OAItB IrOAN PROPOSAL
Staff recommended adoption of the follaarinq motion: Kowa to
adopt Resolution No. 9Z-107 rhich cancels the spacial
assessment relating to acquisition of the lrlaark 8. Jones
property, and authorise the lrlaayor and City ~lanagar to
9~cuta a loan agreement batreen the City of Hopkins,
l~[innol+~~+~ Oaks Association, and applicable home ornars.
lam. Harmaninq and lsr. Killer rent aver the proposed plan and
agreements rith the Council. 1~. Killer stated that ha had
sent a final draft of the documents to 1~. Heikkila,
Attorney for the Minn9h~h~ Association.
~. Harmaninq requested that an addition be added to the
resolution. If the necessary loan arrangements have not bean
signed by November a5, 199a the City could file the
certification of the assessment against the four properties.
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Joey Carlson, 435 Hiaratha Avenue stated that he ras
satisfied that the City had cooperated rith the group and
the proposal sounds exactly like the ghat the homaoNnars
requested.
After further discussion Councilmambar Anderson moved and
Councilasmbar Shirley seconded the notion to adopt
Resolution No. 9a-107 Kith the condition that the proper
papers have been signed by November a5, 199a.
A poll of the vote ras as follors: Councilsembar Anderson,
Aye; Councilmambar Shirley, Aye; Councilmambar Rritaler,
Aye; Councilmembar Radepanninq, Aye; Mayor Barg, Aye. The
motion carried unanimously.
(b) CONSIDffit ACTION - soP-A-RID$ Ct~~•~•KACT (Rpt. 9a-aa9)
Staff racoemeisded the f olloring motion: Mava to a~~ ova
Resolution No. 9a-105 arardinq the bid for the 1993 Bop-A-
Ride service to Yallor Taxi and authorise the Mayor and City
Manager to enter into a contract Kith Yallor Taxi to provide
the services for Hop-A-Ride.
If approved the proposed resolution could provide for the
folloNinq:
o Arard the 1993 Hop-A-Ride service to Yellow Taxi
o $xpand the service to Rnollrood
o Raise the Bop-A-Ride fares by tan cents
Councilmembar i~itslar suggested that the ~oll~rood orners
might like to contribute to the expanded service.
Councilmembar Anderson aovad and Councilmam~r Rritslar
~~s~ndad the motion to apps vre Resolution No. 9a-105.
A poll of the vote ras as follo:rs: Councilmembar Anderson,
Aye; Councilmamber Shirley, Aye; Councilme®bar l~itsler,
Aye; Councilmembar Redapanninq, Aye; Mayor Barg, Aye. The
motion carried unanimously.
(c) CONSIDffit ACTION - PROPOS$D NAT~i UTILITY RAT$
INCR$l~lS$ (Rpt. 9a-a31)
Staff reco~mmendad adoption of the follorinq motion: Adopt
Resolution No. 9a-i0a increasing the rater utility rate
affective on billings rendered from and after January i,
1993.
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November 17, 199a
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The present rater rate of $0.85 per 1,000 gallons of rater
used has bean in effect since 1984. The strong cash
position built up over the years is nor rapidly declining
because of increased construction cost, oparati~ costs and
a decline in the ability to earn interest revenue due to a
decline in the cash balance and investment rates. An
increase of the rater rate to $1.05/1000 gallons is
racomsended.
Council ember Shirley suggested that the raise not begin
before April i, 1993. ~. Schedler said that historically
the billing has bean rotated so that each billing group has
bean treated fairly on all utility raises.
Councilmembar Shirley moved and Councilmember Anderson
seconded the motion to adopt Resolution No. 9a-lOZ rith the
ner rata beginning on April 1, 1993.
A poll of the vote ras as follows: Councilmember Anderson,
Aye; Councilmasber Shirley, Aye; Councilmembsr 1Critsler,
Nay; Councflmembsr Redapanninq, Nay; Mayor Barg, Nay. The
motion did not carry.
Cauncilmember l~itslar moved and Councilmam.~r Radapanninq
-~c~nded the motion to adopt Resolution No. 9Z-lOZ.
A poll of the vote ras as follows: Councilsa®ber Anderson,
Nay; Councilmembar Shirley, Nay; Council~~r i~it$ler,
Aye; Councilmamber Redapanninq, Aye; Nayor Barg, Aya. The
motion carried.
(d) CONSIDER ACTION - PROPOSED STORM SESEit UTILITY FEE
INCREl~1S$ (Rpt. 9a-a30)
Staff racoemended adoption of the follorinq motion: Adapt
Resolution No. 9a-101 increasing store saver utility rates
effective on billings rendered from and after January 1,
1993.
The initial storm serer fee ras established at $4.75 par REF
on October i, 1989. Current revenue has not covered the
shortfall and ongoing expenses of mafntananca, the concrete
alley programs, construction and debt service. A rate
increase to $9.00 par REF is racoem:e~ndad.
The residential change could increase from $3.50/month to
$3.00/month.
Councilmambar Anderson moved and councilmembar Redapenninq
seconded the motion to adopt Resolution No. 93-101.
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A poll of tha vote was as follows: Councilmember Anderson,
Aye; Councilmember Shirley, Aye; Councilmember I~itsler,
Aye; Councilmember Radapenninq, Aya; Nayor Berg, Aya. The
motion carried unanimously.
(e) OONSIDER ACTION -ADOPT EQOIPl~1T REPI~i~IC~ENT PIaN
(Rpt. 9Z-a37)
Staff recommended adoption of the following motion: Nova to
adopt the 1993-1997 Equip®ent Replacement Plan.
Previously the Capital improvement Plan also included a
section outlining equipment replacement. Beginning in 1993
the Equipment Replacement Plan becom:ss a stand alone
document. The change was made for the ease of reading, use
and ~re~aration of both documents.
Councilmember Anderson moved and Co:uscilmember Redapenninq
ended the motion to adopt the 1993-1997 Equipatent
Replacement Plan.
A poll of the vote was as follows: ~ouncilme~mber Anderson,
Aya; Councilmember Shirley, Aye; Councilmember l~italer,
Aye; Councilmembar Redapenninq, Aya; Nayor Barg, Aye. The
motion carried unanimously.
V. POBLIC CO~II~LENTS/CON~-~~MS
Thane meta no public ca~ments.
VI. REPORTS - G~•1`1•LJSS/MISSIONS
Nr. 8armenfnq reminded the Council to get their reservations
in for the Twin Nast Chamber lunc~1e~n iamadiataly.
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Novesber 17, 1992
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Councils~esber Redepanninq coved and Councilmesber i~nderson
seconded the notion to adjourn. The seating adjourned by
unanisous consent.
Ras ctt'nlly su~sittad,
Pat G s e, Deputy City Clerk
c~iurCILiKS~R~~i
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=,lson ~. Herq, Mayor