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02-20-01A regular meeting of the Hopkins City Council was held on February 20, 2001, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, and Johnson. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, Yager, Lauseng and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:32 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Don Roesner, 618 W Park Valley Dr, spoke of concerns that action is being taken at work sessions and they are not televised. Mr. Roesner said that he would like to see some of the TIF districts paid off early. Mr. Roesner also mentioned the old grocery store. It is the oldest frame building in Hopkins and he would like to see some preservation of historical sites. III. REPORTS -COMMITTEES/COMMISSIONS 1 . Human Rights Commission Steve Thom of the Human Rights Commission said that the Commission is working on the Heritage Festival. In the beginning of discussions, they were thinking that mid September would be a good time. Now they are thinking that they would like to incorporate the Festival with Raspberry Days. Mr. Thom asked if Council Members were aware of any other organizations that would be interested in helping with the Festival. Council Member Johnson said that the Jaycees are interested. Mr. Thom explained the conception and purpose of the Commission for the students at the meeting. IV. CONSENT AGENDA 1. Minutes of February 6, 2001 Regular City Council Meeting 2. Minutes of January 30, 2001 City Council Work Session 3. 2000 Budget Carryovers, and Adjustments (CR2001-24) 4. Second Reading, Vacation of East Half of 6th Ave S (Memo) 5. Approval of Municipal Waste Abatement Incentive Fund Agreement (CR2001-20) 6. Adoption of Resolution 2001-1 1, Municipal Recycling Grant Application (CR2001-19) Mayor Maxwell asked Lori Yager to review item three. Ms. Yager explained that this is mainly a housekeeping issue. The Council may authorize carryover funds to be used for other purposes. The report also contains an item on establishing a new Capital Improvement Fund. Last year $100,000 was budgeted for a new roof for the fire hall. Ms. Yager said that she would like to establish the new fund with those funds. The funds would be used for capital improvements that would not have other funding, such as assessing, state aid, etc. There were reallocations of funds in situations where grant money was received or revenue increased, as did expenditures. Council Members discussed the new Capital Improvements Fund and said that they would like to discuss that further before making a decision. Council Member Jensen moved and Council Member Brausen seconded a motion to approve the Consent Agenda with the amendment of removing the establishment of a new Capital Improvement Fund from item three. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. V. NEW BUSINESS 1. Approve 5th St S/6th St S/10th Ave S Intersection Layout (CR2001-23) Steve Stadler said that the Conditional Use Permit Agreement for the SuperValu perishable warehouse expansion project includes a requirement for SuperValu to construct several public improvements. This intersection is included in those improvements. Last fall several discussions were held and those attending stated a preference for option "C". That option would require SuperValu to purchase two commercial properties. At that time, SuperValu was not interested in purchasing those properties. It was agreed, and became a condition of the CUP agreement, that if SuperValu ever decides to purchase the two properties, the intersection would be improved using option "C". This would take place regardless of past improvements. A public meeting was held on February 12th. Staff explained that at this time, option "C" was not available to them. Those in attendance reviewed the options and agreed that option "F" was the favored choice. Landscape issues were discussed. Mr. Stadler said that full landscape design would be included in the final design. Council Members discussed the desire to have SuperValu construct option "C" in the future and asked City Attorney, Jerre Miller, if there is some way that they can bind future Councils to adhere to the CUP agreement on the construction of option "C". Mr. Miller stated that any time that there is an agreement between two parties; amendments can be made to the agreement when both parties agree to the amendments. Council Member Jensen asked that it be clearly and emphatically stated that THIS COUNCIL DOES NOT WANT ANOTHER COUNCIL TO MAKE CHANGES TO THAT AGREEMENT THAT WILL GO AGAINST THE NEIGHBORHOOD DESIRE TO HAVE THAT INTERSECTION CONSTRUCTED AS SHOWN IN OPTION "C". In response to questions asked by Council Members, Mr. Stadler said that Mr. Benshoof considered this option in the traffic study, that the road will be narrowed from 40 to 32 feet between 5th St S and 1 1 th Ave S, and that the trail will constructed on the south side. Several residents came forward and stated that they are not comfortable with the intentions of SuperValu to eventually construct option "C". Some expressed that they would be in favor of option "F" with the understanding that eventually the intersection would be constructed according to option "C". Residents also questioned landscaping and fencing. Other residents came forward to express their preference for option "D". They also questioned why the intersection had to be done twice. Mr. Mielke answered that at this time SuperValu did not want to purchase the properties and that, the City could not force the acquisition, nor did the City want to forcefully remove the two commercial properties. Also, SuperValu did not want the City to use eminent domain to acquire the property. The decision is SuperValu's, not the City's. Both properties must be purchased to make option "C" mandatory. Mr. Mielke also said that the choice that is made now might be a temporary improvement, but that it could also become the permanent improvement. Council Member Johnson moved and Council Member Brausen seconded a motion to approve concept plan "1=" for the reconstruction of the 5th St S/6th St S/10th Ave S intersection as presented by staff with the stipulation that the requirements contained in the CUP agreement dated October 25, 2000, be strictly enforced. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Approve Engineering Services Agreement, Blake Water Tower Painting (CR2001-22) Steve Stadler said that the Blake Tower will be painted using the same system that was applied to the Moline Water Tower. Staff worked with SHERCM on the Moline tower and was pleased with the work done there. The application should last approximately 10 to 12 years. Other minor repairs will be made at the time the tower is painted. The cost of the project is approximately 5500,000. Engineering costs are approximately 551,000. The fee is mostly for inspection services. The project will start in June and will take about 60 days. No major problems are anticipated. Council Member Johnson moved and Council Member Brausen seconded a motion to authorize the City Manager to enter into an agreement with SEHRCM for the engineering services related to the repainting of the Blake Water Tower. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Approve Increase in Non-union Wages (CR2001-21) Steve Mielke said that the last union contract for 2001 has been settled. This wage adjustment will bring the non-union wage structure in line with the Hopkins Municipal Employee Association HMEA. The requested increase is 3.75%. Mr. Mielke explained that the two wage structures were originally designed to bring the City's salaries into compliance with the Pay Equity Law in the 1980s. Last years settlements resulted in an increase to the HMEA ranges of approximately 4%, whereas non-union ranges increased by 3.5%. Council Member Jensen moved and Council Member Johnson seconded a motion to approve a 3.75% increase in the current non-union wage schedule. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. ADJOURNMENT There being no further business, Council Member Jensen moved and Council Member Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:30 p.m. Respectively Sub fitted, Terry O maier, City Clerk ATTEST: Eugene axwell, Mayor