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03-02-99A r gular meeting of the Hopkins City Council wash Id on March 2, 1999, in the Council Chambers of the Hopkins City Hall. Present were Mayor Redspenning and Council Members Maxwell, Jensen, Hesch, and Johnson. Also present were staff members Mielke, Geneilie, Stadler, Kerrigan, Gesaele, Yager, Elverum and City Attorney Jerre Miller. 1. CALL TO ORDER Mayor Redepenning called the meeting to order at 7:30 p.m. I1. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. CONSENT AGENDA 1. February 16, 1999, regular City Council Meeting Minutes 2. Ratification of Prior Month's Disbursements 3. Second Reading, Zoning Ordinance Amendments (Memo) 4. Height Variance, 301 Wilshire Waik (CR99-023) 5. Development Agreement, Valley Park Condos (CR99-042) 6. HCA Alcohol Policy (CR99-046) 7. Accept Project, Au~orize Final Payment, Lift Station #~5 (CR99-045) 8. Set Date for Property Tax Board of Review (Memo) Mayor Redapenning announced that item four has been pulled from the agenda. Council Member Hesch asked if the Council would bs the Board of Review or if th committee of advisers would act as the Board of Review. A discussion took place about what is allowed and if the Council would have to ratify the findings of the Board if the Board consisted of the Committee members. Council instructed staff to review the information and inform Council what is allowed. Council Member Maxwell mentioned that the HCA Liquor Policy did not show a start time for service. Council agreed to approve the policy as is and instructed staff to insert ~e start time as per State Statute and bring the revisions back for Council approval. Council Member Johnson moved and Council Member Jensen seconded a motion to approve the Consent Agenda with the changes made to item six, HCA Alcohol Policy. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. March 3. 1989, Repulsr Chy Council Mestinp Minutes p~ 1 The order of the next two items was changed to accommodate the number of people who came for the street improvement hearing. IV. PUBLIC HEARING 1. 1999 Street Improvements Jim Gessele said that in November 1998, Council authorized a feasibility study in regard to street and alley improvements in the neighborhood bounded by Mainstreet/Excelsior Boulevard and 1 1 th/13th Avenues South. The Feasibility Report was presented on Feb 2"d and Council ordered a public hearing. Legal notices were published and notices were mailed. Mr. Gessele said that the feasibility report has been amended to allow for the reconstruction of the portion of 13th Ave where a mill and overlay was previously planned. Two properties were effected by the change. The scope of the improvements includes reconstruction of the streets and alley and water utility, sanitary sewer, and storm sewer upgrades. The total estimated project cost is 5997,320. The proposed assessment is 548.44 per foot, which represents the cap amount according to the assessment policy. Mayor Redepenning opened the public hearing at 7:38 p.m. Katie Rubio, 129 12th Ave S, asked how the assessed amount would be paid. Mr. Gessele explained the process. Council Member Jensen asked Mr. Gessele to explain that there are two assessments for some that live on 12th Ave, because they would also be assessed for 1st St S. Mr. Gessele also explained the deferment process. Council directed staff to research the deferment regulations to see if the City has the ability to defer assessments for more than ten years. Michael Christiansen, 1 109 1st St S, asked if the street would be made wider and cause the loss of the grassy area between the sidewalk and the street. He also asked if streetlights would by added. Marcus Thomas of Bolton and Menk said that the street would not be significantly wider and that the grassy area would remain. Mr. Stadler said that streetlights would be added. Jerry Korinek, 106 12th Ave S, asked why his assessment is higher than his neighbor's across the street. Mr. Gessele explained that those living on the east side of 12th Ave S were being assessed on the cost of 12th Ave and the cost of 1st St S between 1 1 th and 12th Avenues. The residents on the west side of 12th Ave S were assessed on the cost of 12th Ave and 1st St S from 12th Ave to 13th Ave. The difference in the cost between the two blocks on 1st St S is the difference in the assessments. March 3, 1999, Regular City Council Meeting Minutes Page 2 Tom Abbot of City Gables Association asked if they would be notified when the assessments are made. Mr. Gessele explained the assessment process. Dori Helmer, owner of 1200 and 1206 Mainstreet, questioned the cost of the alley reconstruction. Staff explained that the cost is higher because the alley is being converted to concrete construction for drainage purposes. The percentage that is assessed to the property owner is also higher because of exclusivity of use. Council Member Maxwell moved and Council Member Jensen seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:03 p.m. Council Member Johnson moved and Council Member Maxwell seconded a motion to adopt Resolution 99-16, Resolution Ordering Improvements, Project 98-09. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. 2. Approve Resolution, 1999 Community Development Block Grant (CDBG) Program Kersten Elverum said that the City is eligible to receive 5149,144 in CDBG funds for the 1999 program year. Staff recommended 5144,144 for housing rehabilitation and 55,000 for Community Action for Suburban Hennepin (CASH). Mayor Redepenning opened the public hearing at 8:13 p.m. No one came forward. Council Member Hesch moved and Council Member Jensen seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:14 p.m. Council Member Hesch moved and Council Member Johnson seconded a motion to adopt Resolution 99-014, approving the proposed program for the 1999 Urban Hennepin County Community Development Block Grant Program and authorizing its submittal to Hennepin County. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. • March 3, 1999, Regular City Council Meeting Minutes Page 3 V. OLD BUSINESS 1. Approve Sanitary and Storm Sewer Rate Adjustments Lori Yager said that commercial and industrial properties were notified about the proposed rate changes and reviewed those changes for Council. Ms. Yager said that she received three phone calls asking for information. Information was forwarded to those callers. Council Member Jensen moved and Council Member Hesch seconded a motion to adopt, resolution 98-87 which increases the storm sewer utility rate by 52.40 per residential equivalency factor and Resolution 98-88 which decreases the sanitary sewer rate by 50.25 per 1,000 gallons of metered water usage. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. 2. Second Reading, Liquor Ordinance (CR99-039) Jim Genellie told the Council that an issue concerning the termination of the combination license has been brought up by one of the licensees. Mr. Genellie said that letters were sent out to all license holders advising them that they would be permitted to raise any concerns at the meeting tonight. Staff recommended that Council hear whoever wished to speak at the meeting and continue the item until it has had an opportunity to consider the combination license issue. Council Member Jensen moved and Council Member Maxwell seconded a motion to continue the adoption of Ordinance 98-819; instructed staff to amend the ordinance to state the sale of an establishment that currently has an on-sale and off-sale license would not result in the loss of the off-sale license; and, instructed the City Attorney to review the legality of the changes. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. VI. NEW BUSINESS 1. Approve Engineering Services Agreement, 1999 Street Improvements (CR99-049) Jim Gessele presented Bolton and Menk's proposal for engineering services on the project. Their proposal includes plan/specification preparation, construction staking and inspection, project administration and record drawings at a cost of 51 14,400. If plans and construction services are not needed for a segment of 13th Avenue South they will provide a 51 b,300 deduct. Mr. Gessele said that the fee represents sixteen ',..~ per cent of the total project cost and that that is a fair amount. March 3, 1999, Regular City Council Meeting Minutes Page 4 Council Member Hesch moved and Council Member Johnson seconded a motion to authorize the Mayor and City Manager to enter into an agreement with Bolton and Menk, Inc. for engineering services related to the 1999 street improvements program, Project 98-09. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. 2. Change Order, South Park Pond Maintenance Project (CR99-048) Steve Stadler told the Council that the contract is for the removal of excess sediment deposits by dredging in the South Park Pond. Mr. Stadler said that the contract specified an estimated 1,800 Cubic Yards of sediment removal. The post project inspection showed that 2,425 cubic yards were removed. Rosti Construction bid 51 1.85 per cubic yard, almost 50% below the next low bidder. The additional cost is an extension of the same unit price for the additional cubic yards of excavation. Council Member Johnson moved and Council Member Maxwell seconded a motion to approve South Park Pond Maintenance contract change order for an amount not to exceed 57,000. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. VII. REPORTS -COMMITTEES/COMMISSIONS Council Member Johnson said that the Chemical Health Commission met. They reviewed the HCA liquor policy and approved. They said they would like to meet with the City Manager to review the presumptive penalties for liquor law violations. They also discussed the Town Meeting planned for this spring. Council Member Hesch said that the Zoning and Planning Commission reviewed several items. One item of discussion was the way the number of cars on a used car lot is determined and the possibility of changing the ordinance. The Beard Group appeared to discuss the possible rezoning of the Allient Tech property. The Commission also discussed the B-2 and B-3 zoning districts. Council Member Jensen said that she attended a Park Board meeting. A representative from MTC attended. They discussed the transfer station that MTC would like to construct in Hopkins. U March 3, 1999, Regular City Council Meeting Minutes Page 5 VIII. ADJOURNMENT There being no further business, Council Member Maxwell moved and Council Member Jensen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:45 p.m. Respectively Subm • erry 0 A aier, City Clerk Charles D. Redepenning, March 3, 1999, Regular City Council Meeting Minutes Page 6 . ~ ... COUNCIL MEMBERS