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Minutes of the Council Meeting held on 5-15-2012A regular meeting of the Hopkins City Council was held on May 15, 2012, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell, Council Members Cummings, Gadd, Halverson and Youakim. Also, present were staff members Bradford, Elverum, Genellie, Mornson, Stadler and City Attorney Jeremy Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:31 p.m. II. PRESENTATION 1. Acknowledgment of Donation of Art Piece by the Historical Society "Like a Tree, Rooted in the Earth" Ms. Elverum gave an overview of the Hopkins Artstreet project. The project was made possible by grants, sponsorships and individual contributions. The goal of the project is to bring people to Hopkins and expose them to the arts. Ms, Elverum gave an update on this year's Artstreet II project, acknowledged the committee members and encouraged the public to get out and vote for their favorite sculpture. The new art pieces will be installed on Friday, May 18, 2012. Mayor Maxwell presented the representatives from the Hopkins Historical Society with a certificate of appreciation acknowledging their donation to the City of the art piece "Like a Tree, Rooted in the Earth.' The piece was designed by artist, Richard Poey, was the People's Choice Award winner and will be on display at the Hopkins Clock Tower Plaza. 2. Acknowledgement of Donation of Art Piece by HBCA/City of Hopkins "Shoo -Shoe Train" Mayor Maxwell presented the representative of the Hopkins Business and Civic Association with a certificate of appreciation acknowledging their donation to the City the art piece "Shoo -Shoe Train." The piece was designed by artist Kyle Fokken and was the Children's Choice Award winner. 3. Proclamation for Hopkins Library 100th Anniversary Celebration Mayor Maxwell read the proclamation declaring Sunday, June 3, 2012 as Hopkins Library 100th Anniversary Celebration. Representatives of the Hopkins Library gave an overview of the Hopkins Library history and celebration events on Sunday, June 3, 2012, 1-3 pm. III. CONSENT AGENDA 1. Minutes of the May 1, 2012 Council Meeting 2. Minutes of the May 1, 2012 Work Session following the Council Meeting 3. Minutes of the May 8, 2012 Work Session Meeting 4. Approve a Temporary Liquor License for the Hopkins Rotary (CR 2012-042) Council Member Halverson moved and Council Member Cummings seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously. IV. PUBLIC HEARING 1. Conduct Assessment Hearing and Adopt Assessment Roll and Award Bid for 2012 Street and Utility Improvements (CR 2012-041) Mr. Bradford and Sarah Rippke of Bolton & Menk gave an overview of the 2012 street and utility improvement project; including the project area, crosswalk design, bid results with S.M. Hentges & Sons, Inc. being the low bidder, project funding breakdown, overview of the assessments, caps & specific assessments by unit, water service costs & caps, alley assessments and the project schedule. Council Member Cummings excused herself from voting on the 2012 Street/Utility Improvement Project because her property is being assessed. Mr. Bradford updated the Council on the reason for the street reconstruction, street failed pavement ratings, how streets are selected for reconstruction, assessment policy & 15 -year pay- off schedule, how the city finances the street reconstruction, homeowners contribution, examples of how other cities pay for their street reconstruction programs, addressing drainage issues, utility replacements are paid through the water and sanitary sewer fees and the streets in this project area have not been re -done since the 1950's. There was much discussion by Council about the positives of investing in the City's infrastructure. Mayor Maxwell opened the public hearing at 8:10 pm. The following residents addressed the Council about the project: Gretchen Gubbins, 608 Minnetonka Mills Rd. came forward to comment on the project during these economic times. Joe Rinaldi, 201 6h Avenue North came forward requesting a cancellation of alleyway assessment. Business owner of 808 Main LLC, 808 Mainstreet, came forward concerned about access to the parking lot for their business during the alley reconstruction. Teresa Kocourek, 600 Minnetonka Mills Rd came forward to comment on the project during these economic times and the concern about the of large amount of commercial vehicle traffic on Minnetonka Mills Rd causing excess wear and tear on the road. Christian Sanchez, 213 9d' Avenue North, came forward requesting cancellation of the assessment because he does not see the need for reconstruction of 3`d Street North. Business owner of Mainstreet Bar and Grill, 814 Mainstreet came forward concerned how close the alleyway improvements will be to his property and concern for how fast traffic drives through the alley. There was much discussion by Council and staff about the importance of maintaining the streets, discussion of pavement conditions and sub -base failure, more economical to do utility work while road is under construction, all properties that abut the alleyway are responsible for 2 assessment, Staff will work closely with businesses to minimize disruption for customers, preconstruction condition of areas will be documented prior to construction, residential cap on assessments, assessment interest rate and time period, explanation of competitive bidding process, city policy that property owners cannot face more than two assessments in a 10 year period of time, assessment policy and the pavement management system. Council directed staff to revisit the 3rd street North project area, inform the Parking Enforcement Officer to monitor parking limits during the Mainstreet alley construction project and discuss project timing with business owners. Council Member Halverson moved and Council Member Gadd seconded a motion to close the public hearing. A poll of the vote was as follows: Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The public hearing was closed at 8:44 pm. There was much discussion by Council regarding the bond interest rate, the condition of the pavement and age of 3rd Street North, senior citizen deferment of assessment and the pre -pay assessment option. Ms. Rippke gave an overview of the construction schedule, all residents and businesses in the construction area will receive a newsletter to update them on construction project and contact information. Council realizes the importance of well maintained infrastructure and thanked the residents and businesses affected by the street improvement project. Mr. Steiner advised the Council that a motion on each assessment appeal is needed. Qualifying senior citizens may apply for the deferment and in order to deny the appeal Council- needs to determine, based on staff opinion, if the property owner is receiving a benefit to their property from the public improvement project corresponding to the amount of the assessment. Council Member Youakim moved and Council Member Halverson seconded a motion to deny the appeal by 303-6t' Avenue North. A poll of the vote was as follows: Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried. Council Member Gadd moved and Council Member Halverson seconded a motion to deny the appeal by 213-9a` Avenue North denied with satisfaction of staff opinion regarding street improvements needed to 3�d Street North. A poll of the vote was as follows: Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried. Council Member Youakim moved and Council Member Halverson seconded a motion to deny the appeal by 201-6`h Avenue North. A poll of the vote was as follows: Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried. Council Member Halverson moved and Council Member Gadd seconded a motion to deny the appeal by 600 Minnetonka Mills Road. A poll of the vote was as follows: Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried. Council Member Youakim moved and Council Member Halverson seconded a motion to deny the appeal by 608 Minnetonka Mills Road. A poll of the vote was as follows: Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried. Council Member Youakim moved and Council Member Halverson seconded a motion to Adopt Resolution 2011-028, Resolution adopting Assessment Roll, 2012 Street and Utility Improvements, City Project 2011-10 and Resolution 2011-029, Resolution for award of Bid, 2012 Street and Utility Improvements, City Project 2011-10. A poll of the vote was as follows: Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried. V. NEW BUSINESS 1. First Reading, Amendment to City Code 705 - for Sanitary Sewer System; (CR 2012-043) Mr. Stadler addressed Council regarding amendment to the city code in regards to the discharge of prohibited fats, oils and greases in concentrations that cause deposit or obstruction in the sanitary sewer system. The proposal will require business owners to maintain their equipment, provide inspection documentation and pay"for costs in the event of an unlawful discharge and obstruction of the sanitary sewer system. Staff will contact all food service establishments regarding the code change. There was much discussion by Council regarding inspection records, costs to the City to clear sewer obstructions and the code is not requiring additional equipment, just requiring the business to maintain their equipment and giving the City the authorization to inspect the equipment. Council directed staff to inform food service establishments prior to the second reading regarding the code change and to determine who will perform the equipment inspections. Council Member Halverson moved and Council Member Youakim seconded a motion to adopt for first reading Ordinance 2012-1048, amending City Code sections 615 and 705 with the requests made by Council to staff. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Approve Resolution for Beyond the Yellow Ribbon Program; (Memo) Mr. Morrison addressed Council regarding Beyond the Yellow Ribbon, a program that creates awareness for the purpose of connecting servicemembers and their families with community support, training, services and resources. The Resolution supports a multi -city effort to form a Yellow Ribbon Coalition. Councilmember Gadd gave an overview of the program. There was much discussion by Council about key community leaders, advantage of working together with six other cities, a public awareness campaign and the importance of the program being community driven. Council Member Gadd moved and Council Member Youakim seconded a motion to Approve Resolution in support of Beyond the Yellow Ribbon Program. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously. 4 • Next City Council meeting is on Tuesday, June 5, 2012 • Mainstreet Days on Saturday, May 19, 2012 from 9am-4pm • Hopkins Artstreet II reception on Friday, May 18, 2012, 6 pm at Hopkins Center for the Arts • Council Member Cummings gave an update on Community Days of Service on May 19 & 20, 2012 • Police Department neighborhood meeting at Oakes Park on Thursday, May 17, 2012 • Engaging Raspberry Renters meeting on Thursday, May 24, 2012 • Metropolitan Watershed District meeting regarding new lift station on Wednesday, May 30, 2012 VI. ADJOURNMENT There being no further business, Council Member Cummings moved and Council Member Gadd seconded a motion to adjourn the meeting. The meeting was adjourned at 9:33 p.m. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS There were no comments. Respectfully Submitted, Debbie Vold COUNCIL MEMBERS ATTEST: Eugene J. Maxwell, Mayor 5