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10-21-97A regular m ting of the Hopkins City Council was held on October 21, 1997, in the Council Chambers of the Hopkins City Hall. Present were Mayor Redepenning and Council Members Maxwell, Jansen, Hesch, and Johnson. Also present were staff members Mielke, Genellie, Stadler, Kerrigan, G seals, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Redepenning called the meeting to order 7:30 at p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. PRESENTATIONS 1. Community Image Award (Memo) Community Image Awards recognize individuals and businesses who have made an exterior improvement to their property or who have demonatratod continued superior maintenance of their home or business. Mayor Redepenriing presented five awards. 1. Single-family Residential to David and Diane Bangerter, 337 11 ~' Avenu North. 2. Multi-family Residential to Gold Crest Apartments, Mr. And Mrs. Corwin I''~utt+. ion, 34 12~' Avenue North. 3. Commercial to Ramsay Engler Ltd., Steven Engler, 8353 Excelsior Boulevard 4. Tart's SuperValu, Mike Tait, 25 11 ~' Avenue North 5. Hopkins Entertainment Center (Movie Theatre Complexl, Bill Beard developer, 10 - 11 ~' Avenue South Mayor Redepenning commended Karsten Elverum for her contribution to the program. 2. Focus on Hopkins Photo Contest winner (Memo) Eileen Harvala presented the first place grand prize to Lorraine Corrao. Ms. Corrao's picture was of a heron on the pond on Cambridge Street. Kevin Thomas was the honorable mention, second place winner. October 21, 1997 Regular City Council Meeting Paps 1 Jim Genellie presented calendars to Council Members. The calendars were put together by the Human Rights Commission in conjunction with Alice Smith EI mentary School. The project has been in process for over a year. IV. CONSENT AGENDA 1. October 7, 1997, Regular City Council Meeting minutes 2. October 14, 1997, City Council work session minutes 3. Disbursements, Prelist 1024 4. Second reading, tobacco ordinance (Memo) 5. Participation in 1998 Metropolitan Livable Communities program (CR97- 185) 6. Bid award, 1997 EVP System (CR97-187) 7. Second reading, Police Civil Service Commission Ordinance ICR97-192) 8. Second reading, alley vacation, west side of Alliant Tech (Memo) Council Member Hesch moved and Council Member Jensen seconded a motion to approve the consent agenda. 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. The motion carried unanimously. V. PUBLIC HEARING 1. Final approval refunding revenue bond, St. Therese (CR97-189) Jim Kerrigan told~the Council that in 1986, the City of Hopkins approved a ~ 15 million tax-exempt revenue bond for the development of St Therese elder housing proj ct. Because of bankruptcy reorganization in 1994, a new bond was sold to repay the old bond. St. Theresa is asking for approval to sell a new bond to repay the 1994 bond. This will reduce the interest rate they are now paying. Council gave preliminary approval at its October 7, 1997 regular meeting. Mayor Redepenning opened the public hearing at 7:45 p.m. There were no comments from the public. Council Member Maxwell moved and Council Member Johnson seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 7:46 p.m. Council Member Jensen moved and Council Member Hesch seconded a motion to adopt Resolution 97-102, authorizing the issuance, sale, and delivery of up to 810,500,000 elderly housing revenue refunding bonds, IGNMA Collateralized Mortgage Loan - St Therese Southwest Project), Series 1997A and approving the October 21, 1997 Repuler City Council M tinA Pape 2 execution and d liv ry of the bonds and the r lat d documents. A poll of the vot was as follows: Council Memb r Maxw II, ay ;Council Member Jensen, ay ; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. VI. OLD BUSINESS 1. Consider revisions to the Lawful Gambling Policy (CR97-193) Jim Genellie reviewed the issues that might be addressed in the process of revising the Lawful Gambling Policy. Mr. Genellie explained the effects of the changes on current licenses and recommended a moratorium on any new premises and on renewals of any premises permits. A discussion followed concerning dates of renewals of existing gambling licenses and dates for the moratorium. The Council directed staff to seek input from interested parties and to inform them of the placement of the item on the Council Worksession agenda. Council Member Hesch moved and Council Member Jensen seconded a motion to adopt Resolution 97-107 with the dates of the moratorium beginning on November 6, 1997 proceeding through January 1, 1998 or until the policy is complete, whichever is first and directed staff to prepare a revision of Legislative Policy 4-D to incorporate any changes that the Council recommends. 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. The motion carried unanimously. Council Member Maxwell moved and Mayor Redepenning seconded a motion to remove the Knights of Columbus's application for lawful gambling from the table. A poll of the vote was as follows: Council Member Maxwell, aye; Council Memb r Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 2. Approve Premises Permit for Knights of Columbus (CR97-1941 Council Member Johnson excused herself from this item at 8:13 p.m. Jim Genellie presented the application to Council. A discussion followed about requiring the governing body of the Knights of Columbus to approve the application. Council Member Hesch moved and Council Member Jensen seconded a motion to continue th item to the next Regular Council Meeting and directed staff to refer October 21, 1997 Regular City Council Me tine Paps 3 the application to the City Attorney to review for compliance with the City of Ho kins's amblin li .The C' Attom will re ort back to the Council at its P 9 g Po c1- rt1- e1/ P next meeting. The applicant must also provide the City Attomey with a resolution or equivalent documentation indicating that the membership of the Knights of Columbus supports this application. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Mayor Redepenning, aye. The motion carried unanimously. Council Member Johnson returned to the table at 8:45 p.m. VII. NEW BUSINESS 1. Authorize Phase II, Depot Coffee House (CR97-195) Jim Parsons explained that Phase I of the Depot Coffee House project is compl to and that the request is being made for Council to authorize Phase II. Students from the Depot Coffee House Board said that after Phase I there is approximately X84,000 in cash, pledges, materials donations, and skilled labor donations. Staff recommended a review of the insurance coverage for the next phase of construction. Mr. Parsons said that volunteers are covered under the City's policy, but Workers Comp Insurance should be verified if contractors are doing work. Council Member Jensen moved and Council Member Hesch seconded a motion to adopt Resolution 97-106, authorizing Phase II of the Depot Coffee house renovation. 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. The motion carried unanimously. Mayor Redepenning commended Council Member Hesch for her foresight and ®:.tr...~~e effort in bringing this project to this point. Mayor Redepenning called a three minute break at 9:02 p.m. 2. Decision on County Road 73 improvements (CR97-1901 Steve Stadler reviewed the issues for improvements to the County ~ioad 73/County Road 5 intersection, the 5~' Street North/County Road 73 area, and the County Road 73/State Highway 7 area. Mr. Stadler told Council that the neighborhood and business groups in the areas expressed opposition to the improvements. The Council decided to break the presentation into three sections represented by the areas. Area 1: County Road 73 and County Road 5 intersection October 21, 1897 R puler Chy Council M ting Pape 4 Council discuss d the improvements and 'mediat d process' as opposed to facilitated. Sweral residents of the Bellgrove Neighborhood Association spoke against the signalization of the intersection, stating that signalization would not necessarily contribute to safety, but the opposite. Studies involving intersections wer sited. A few residents offered support for the signals. Council Member Hesch moved and Council Member Johnson seconded a motion to reject the improvements outlined in the SRF proposal for County Road 73 and County Road 5, and instructed staff to work with the Mayor to establish a task force. A poll of the vote was as follows: Council Member Maxwell, aye; Council M mbar Jenson, aye; Council Member Hasch, aye; Council Member Johnson, aye; Mayor Redepanning, aye. The motion carried unanimously. Mayor Redepenning called a three minute break at 10:17 p.m. Area 2: County Road 73 and 5~' Street North Stwa Stadler told the Council that the City of Minnetonka is committed to the re- elignmant of Minnetonka Mills Road even if the intersection is not done. Medians north of the Highway 7 intersection on County Road 73 ware discussed. Redwalopmant of the Hopkins House site and the impact of the changes to County Road 73 on that were discussed. General consensus was that a decision could not be made until more information was gathered. Mayor Redepenning moved and Council Member Jensen seconded a motion to support plans to realign Minnetonka Mills Road and continued the decision to signalize the intersection of County Road 73 and 5~' Street North to a future mea~ting. They instructed staff to ask Minnetonka for a timeline and if the proj ct is d pendent on signalization. They also requested that staff talk with Hosp'tality House, owner of Hopkins House, about future dwalopmant. 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. The motion carried unanimously. Area 3: County Road 73 and State Highway 7 Store Stadler went over the improvements for Area 3. A representative of Town and Country Dodge noted the negative impacts to their business as stated in their impact atate.~~~ent. Council Members discussed the plan and finding alternatives to the plan that would allwiate the safety concerns. October 21, 1997 R Aular Cky Council Meeting Paps 6 - Council Member Jensen moved and Council Member Johnson seconded a motion to ask the Mayor and City Manager to formulate an outline of a task force to study the County Road 73 upgrades on the south side of State Highway 7, the north side of State Highway 7 and at the ir~tbraection with 5~' Street North, and bring that outline back to the Council. A poll of the vote was as follows: Council Memb r Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 3. Consider 1'~ Street North parking and'traffic control (CR97-191) Steve Stadler told Council that portions of 1 `~ Street North were removed from State Highway Aid to allow the City to have more control over the types of traffic utilizing the street. Mr. Stadler said that stop signs at the i~~tb~$ections and signs limiting the tonnage of vehicles using the road to five tons should discourage truck traffic. Mr. Stadler also addressed parking issues on 1'` Street North. A discussion of parking followed. Council Member Maxwell moved and Council Member Jensen seconded a motion to adopt Resolution 97-105, Resolution approving traffic control changes to 1'~ Street North with no parking on either side of 1" Street North. 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. The motion carved unanimously. 4. Plan of action, storm and sanitary sewer sy~ t~.. «s Steve Mielke reviewed for Council the twenty-eight steps already taken by City staff to alleviate flooding and sanitary sewer back-ups in the City. Mr. Mielke then went over the plan of action to eliminate the problems along with the time lines for th projects. Mr. Mielke explained that by adopting Resolution 97-104 the Council would be ensuring those residents who are affected that the plan of action to eliminate the problems will go forward. Mr. Mielke said that because of the time constraints, notification of the residents had not taken place. The Council indicated that they would like input from the residents regarding the plan of action. Council Member Jensen moved and Council Member Johnson seconded a motion to continue this item until the November 5, 1997 meeting to allow staff to notify residents of the scheduled action. 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. The motion carried unanimously. Ocfiober 21, 1887 Regular City Council Mewing ~ 8 5. Presentation of City Manager's proposed 1998 budget Because of the lateness of the hour, the Council decided to have Mr. Mielke present this item at the next Regular City Council Meeting. 6. Approve an encroachment agreement/OCI Telecomm (CR97-1881 Jim Gessele told the Council that since the federal Telecommunications Deregulation Act of 1996, and the passage of Minnesota Sessions Law 1997, Chapter 123, the authority of cities over their right-of-ways has not been determined. He told the Council that a task force has been formed to deal with the issues, but that will take time. In the meantime, the best way to deal with the issue is the encroachment agreement. OCI Communications is ready to install cable in the City of Hopkins. Council Member Jensen moved and Council Member Maxwell seconded a motion to authorize the Mayor and City Manager to enter into an encroachment agreem nt with OCI Communications, Inc. on behalf of the City of Hopkins. A poll of the vot was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 7. Approve housing improvement area policy (CR97-186) Jim Kerrigan told the Council that in 1994 the City was granted authority by the State of Minnesota to create Housing Improvement areas to finance private housing improvements. 'The City has established two areas, the Meadow Creek Condominiums and the Westbrooke Patio Homes. Because the City may be requested to establish additional areas, Council directed staff to develop a dreft Housing Improvement Area Policy. Mr. Kerrigan reviewed the policy with Council. Council Member Hesch moved and Council Member Johnson seconded a motion to approve the City of Hopkins Housing Improvement Area Policy as proposed including supporting application documents. 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. The motion carried unanimously. VIII. REPORTS -COMMITTEES/COMMISSIONS Council Member Johnson said that she attended a Raspbeny Festival meeting and that a new board was elected. October 21, 1997 Regular City Council Meeting Paps 7 __ ~ra.~N.M+. ~~ i ~.w.w rw.rr . • .ar~~. -' oa' i/.6 ~ _• __,. -.~~r _~ __ -'..~sr. -~ Council Memb r Jensen said sh ~lte..~ded a Human Rights Commission meeting and that they discussed the calendar. Council Member Jansen also ~rlt~~ded a Park Board meeting where they discussed Nina Mile Cove issues, particularly the expansion of the entrances and signage. IX. ADJOURNMENT There being no further business, Council Member Maxwell moved and Council Member Hesch seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 12:21 p.m. Respectively Submitted, - .. '`~ City Clerk eny ~.i81er, COUNCIL MEMBERS ,, (~ J ~ ~~. ~1, !l~ J ATTE~ ~ ) Charles D. Redepenning, Mayor October 21, 1987 R puler City Council Mewing Pepe 8