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10-07-97A regular meeting of the Hopkins City Council was held on October 7, .1997, in the Council Chambers of the Hopkins City Hall. Present were Mayor Redepenning and Council Members Maxwell, Jensen, Hesch, and Johnson. Also present were staff members Mielke, Genellie, Stadler, Kerrigan, Gessele, Kurtz, Liddy and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Redepenning called the meeting to order at 7:30 p.m. II.' OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Several members of the Residential Voice of Hopkins group spoke about their concerns regarding. flooding and sewer back-up problems that came to light this summer. ,One member gave his opinion of a solution. Before the members spoke, Mayor Redepenning read a list of twenty-eight steps that have been taken to date to work toward a resolution of the whole problem. Mayor Redepenning assured residents that this is a priority to City Staff. ' _ ` ~ ~ ~ Several other residents also spoke about the flooding problems. III. CONSENT AGENDA 1. September 16, 1997 Regular City Council meeting minutes 2. • Disbursements, Prelist 1023 3. Preliminary approval for refunding of revenue bond, St. Therese (CR97-168) 4. Set date for November City Council work session (Memo) 5. Second reading, ordinance 97-803, trespassing ordinance (CR97-164) 6. Second reading, ordinance 97-804, liquor and beer sales at theaters (CR97-165) 7. Bid award, Hopkins Plaza storm sever (CR97-169) 8. Approve petition for street lights, Nine Mile Cove (CR97-171) 9. Fire Relief Association benefit increases (CR97-183) 10. Final approval for refunding of revenue bond, Blake School (CR97-167) 11. Approve bid for parking ramp lighting improvements (CR97-182) 12. Approve bid award, pavilion restroom renovation (CR97-166) 13. Vacation of alley, Alliant Tech -Ordinance 97-806(CR97-172) 14. State aid reimbursement resolution (CR97-1701 15. Change order, MSA engineering services, First Street North (CR97-177) 16. Approve application for 4D monitoring inspection services (CR97-180) 17. Conceptual approval, purchase of election equipment by Hennepin County (CR97-181) 18. Hopkins Police Department community policing grant (CR97-175) October 7, 1997, Regular City Council Meeting Page 1 The City Clerk asked that the motion for item nine be changed to read as follows: Move to adopt Resolution 97-101 approving an increase in the Fire Relief pension. Council Member Maxwell referenced item eleven and asked if the old lights will be reinstalled or if more will be added. Staff answered that more would be added to dark areas. Council Member Jensen asked Mr. Stadler to go over the change order, item fifteen. Mr. Stadler said that origirislly the improvements to 1'~ Street North were scheduled to be done in one section. Those plans were changed and the improvements were done in two sections and that required more inspection and administrative time. Mr. Stadler stated that the increase in cost was reasonable. Council Member Maxwell asked Mr. Kerrigan to explain the 4D monitoring inspection program. Staff explained that the State of Minnesota set the program up by legislative action and that this is an application to administer the inspections for ourselves. Council Member Maxwell asked about the community policing grant, particularly, how many hours ~ 10,000 relates to. Captain Liddy of the• Hopkins Police Department answered that it was approximately 200 to 250 hours of overtime. Council Member Maxwell moved and Council Member Hesch 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. ' IV. PUBLIC HEARING • 1. Adoption of assessment roll 1997 alley improvements ICR97-179) Jim Gessele told the Council that at its September 2, 1997, Regular City Council meeting, an assessment hearing was ordered for October 7, 1997, for the alley reconstruction project in the #10 blocks between 17~' and 21'~ Avenues North. Notices of hearing were published and both notices and assessment statements were mailed to all affected persons. Mr. Gessele told Council that assessments range from X7.91 to X26.36 per front footage. Mr. Gessele said that staff had received one appeal to date. Mayor Redepenning opened the public hearing on Alley A at 8:45 p.m. No one from the audience came forward for Alley A. Mr. Gessele explained to the Council how the costs were arrived at. Council Member Maxwell moved and Council Member Johnson seconded a motion to close the public hearing. The public hearing was closed at 8:51 p.m. by unanimous consent. Oc#ober 7, 1997, Regular City Council Meeting Page 2 Mayor Redepenning opened the public hearing on Alley B at 8:52 p.m. George Eastman, 30 - 18~' Avenue North, said he was not aware of the appeal process. He was given ~a form and council agreed to accept his appeal after the public hearing was finished. Council Member Hesch•moved and Council Member Jensen seconded a motion to close the public hearing. The public hearing was• closed at •8:55 p.m, by unanimous consent. Mayor Redepenning opened the public hearing on Alley C at 8:56 p.m. Mr. Gessele said that staff had received one' appeal from 35 - 20~' Avenue North. No one came forward from the audience. Council Member Johnson moved and Council .Member Hesch seconded a motion to close the public hearing. The public hearing was closed at 8:57 p.m. by unanimous consent. Mayor Redepenning opened the public hearing for Alley D at 8:58 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 at 9:00 p.m. by unanimous consent. The City Council acted, on the following appeals: 35 - 20~' Avenue North, appeal for cancellation because of lack of adequate notification, no perceived benefit to the property, and that the project was over-priced. Staff recommended denial: Council Member Maxwell moved and Council Member Jensen seconded a motion to deny the appeal for 35 - 20~' Avenue 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 carried unanimously to deny the appeal. George Eastman, 30 - 18~' Avenue North, appeared and stated that he had limited use of the •alley in that his garage did not face the alley. Council Member Hesch moved and Council Member Maxwell seconded a motion to deny the appeal for 30 - 18~' Avenue 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 carried unanimously to deny the appeal. Laurel Taylor, 42 - 17~' Avenue North, submitted an appeal requesting either a different payment plan at no interest or a senior deferment. City Attorney Jerre Miller said that the October 7, 1997, Regular City Council Meeting Page 3 City is required to set up payments as prescribed by,statute. Mr. Gessele said he had not determined if Ms. Taylor qualified for the Senior deferment. Council Member Jensen moved and Council Member Johnson seconded a motion to grant a senior deferment for 42 - 17~' Avenue North if Ms: Taylor qualifies. 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 to deny the appeal. Council Member Maxwell moved and Council Member, Johnson, seconded a motion to adopt Resolution 97-99, Resolution for Adoption of Assessment Roll, Project 97-02, Alley Reconstruction. A pol! 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. ' 2. Adoption of assessment roll, 1997 miscellaneous assessments (CR97-1761 Jim Gessele told the Council that the proposed special assessments are for delinquent utility and mowing invoices. Mr. Gessele said that the notice of the hearing was published and that a notices and statements were sent to all affected homeowners. Mr. Gessele read the appeals and called for any additional that were present. Mr. Mielke explained the City's position on each appeal. Mayor Redepenning opened the public hearing at 9:25 p.m. 435 - 437 Blake Road North appeal said that the X50.00 penalty' was protested and all other bills had been paid. The X50.00 penalty accrued to a total of X254.00 and an additional ~ 100.00 was added as a handling charge. , Council Member Jensen moved and Council Member Hesch seconded a motion to reduce the assessment to X50.00. The motion carried unanimously. 217 Holly Road appeal was from the owner saying that the amount was accrued by their tenant and should not be assessed against the property. Council Member Hesch moved and Council Member Jensen seconded a motion to deny the appeal. The motion carried unanimously. The appeal was denied. Mr. Lommil and Mr. Miller appeared to request a cancellation of assessment for 314 - 10~' Avenue North. They explained that they held a contract for deed on the property, that the property was abandoned in 1994, and that they were bared from the property by law until this past year. They said that the outstanding bill of # 118.Q0 had been paid and that the balance was an accrual of penalties. October 7, 1997, Regular City Council Meeting Pape 4 ~' Council Member Jensen moved and Council Member Hesch seconded a motion to grant the cancellation. The motion carried unanimously. Mike Wiles appeared 'to request a waiver of X4219.00. He explained that the property was purchased from Hennepin County, and that the City was paid a portion of the collected amount. Mr. Wiles said that the original plan was to build on the property and make a small amount of profit. Because.of the additional assessment, which would have them paying more for the lot than the market value of the lot, they could not get a bank loan to improve the property. The release of the property also took more time than anticipated and so required the payment of 'a second year of taxes that was not budgeted. He asked that the assessment be reduced by X4,219.00 to bring the total cost of the lot to the market value. Council Member Maxwell moved and Council Member Hesch seconded a motion to grant the appeal and waive X4,219.00 of the assessed amount. The motion carried unanimously. The appeal was granted. ; Council Member Jensen moved and Council Member Johnson seconded a motion to close the public hearing'. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, nay; Council Member Johnson, aye; Mayor Redepenning, aye. The public hearing was closed at 9:54 p.m. Council Member Johnson moved and Council Member Jensen seconded a motion to adopt resolution 97-97, Resolution for Adoption of Assessment Roll, 1997 Miscellaneous and Certain Private Improvements Special Assessments, as amended. 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. NEW BUSINESS Council Member Maxwell asked City Attorney Jerre Miller if he should excuse himself at this time. Mr. Miller answered in the affirmative. Council Member Maxwell excused himself from participation. 1. First reading, tobacco ordinance ~CR97-174) Connie Kurtz, Crime Prevention Specialist, told the Council that the State of Minnesota has recently passed legislation mandating requirements regarding the sale of tobacco: Ms. Kurtz read a letter that was drafted by the Chemical Health Commission to the Council. The letter stated the importance of keeping tobacco away from children and young adults Dr. Paul Slaton, 108 Farmdale Road, stated his approval and encouragement of the ordinance. October 7, 1997, Regular City Council Meeting Page 5 _.. Angela Recknor, student liaison to the Chemical Health Commission, spoke about the dumber of students who used tobacco in school and about her support for this ordinance. A discussion of underage smoking followed. Council Member Johnson moved and Council Member Jensen seconded a motion to adopt Ordinance 97-805,• Regulating the Sale of Tobacco for first reading.. 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 returned to the Council. Council Member Johnson asked City Attorney Jerre Miller if she would have a conflict of interest with the next item. Mr. Miller said yes. Council Member Johnson excused herself. 2. Consider gambling license application by the Knights of Columbus (CR97- 173) Jim Genellie told the Council that the ,Knights of Columbus applied for a Class A gambling license for Lindee's Saloon and Eatery. The Class A license included Bingo, Raffles, Paddlewheels, Tipboards, and Pull-Tabs. Mr. Genellie explained that the City received a letter from the Jaycees asking to have the gambling policy changed to address problems associated with bingo. Mr. Genellie said that the Knights of Columbus meet all the requirements in Legislative Policy A-4. A discussion of the policy followed. Council Member Hesch moved and Council Member Jensen seconded a motion to table the item to a future meeting to give Council the opportunity to review the policy and if necessary make appropriate 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. The motion carried unanimously. Council Member Johnson returned to the Council. 3. Appointment of Police Civil Service Commission Member Steve Mielke told the Council that in the review of candidates process, it was discovered that the Police Civil Service Commission ordinance was not consistent with State Statute. Mr. Mielke said that the ordinance would need to be changed before the appointment can be made if they want to appoint someone who works in the public sector. Council Member Maxwell asked if Mr. Mielke had a copy of the changes to be made to the ordinance. Mr. Mielke said yes and read those changes to the Council. Council Member October 7, 1997, Regular City Council Meeting Pape 6 Maxwell asked why they could not'vote on a first reading of the ordinance. The ordinance is as follows: HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 97-807 AN ORDINANCE AMENDING THE POLICE CIVIL SERVICE COMMISSION ORDINANCE WHEREAS, Hopkins City Code Section 320 et seq. creates and establishes a Hopkins Police Civil Service Commission; and WHEREAS, Hopkins City Code Section 320.01 adopts by reference Minnesota Statutes Sections 419.01 through 419.18; and WHEREAS, Minnesota Statutes Sections 419.01 through 419.18 have been amended since originally adopted; and WHEREAS, the corresponding sections of Hopkins City Code Section 320 et seq., ~ have not been amended to reflect the changes to the Minnesota statute; and WHEREAS, it is the intent of the Hopkins City Council that Hopkins City Code Section 320 be consistent with Minnesota Statute Section 419.01 et-seq. . NOW THEREFORE, based on these findings, the City Council of the City of Hopkins, Minnesota does hereby ordain: Section 1: That the Hopkins City Code No. 320.01 through 320.43 be, and the same is hereby amended by amending the following sections: Subd. 1: 320.01. Establishment. There is created and continued, a Police Civil Service Commission, with the powers and duties provided in Minnesota Statutes, Sections 419.01 ~e-throus~h 419 181. ~s s~~ch sections reap on Aua~ est. 1997. and as such sections may be ~mende~. Section 2: All provisions of Hopkins City Code, Section 320.03 through 320.43 are deleted in their entirety. Council Member Hesch moved and Council Member Jensen seconded a motion to adopt ordinance 97-807, Amending Section 320 of the Hopkins City Code. 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. October 7, 1997, Regular City Council Meeting Page 7 VI. REPORTS -COMMITTEES/COMMISSIONS • - ' Council IV~ember Hesch said that she attended a long Zoning and Planning meeting that addressed traffic issues for the proposed SuperValu project. The information will be brought to the Council soon. VII. 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 11:15 p.m. Respectively Submitted, ~~. Terry ermaier, City Clerk ATTEST: r ' ~~~~ _~~~ Charles D. Redepenning, Mayor October 7, 1997, Regular City Council Meeting COUNCIL MEMBERS /~ i ~~~ ~ n ~ ~ -. i'~ ~- Pape 8