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09-02-97A regular meeting of the Hopkins City Council was held on September 2, 1997, in the Council Chambers of Hopkins City Hall. Present were Mayor Redepenning and Council Members IVlaxwell, Jensen, Hesch, and Johnson. Also present were staff members Mielke, Genellie, Stadler, Kerrigan, Schedler, Johnson, Kerber and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Redepenning called the meeting to order at 7:35,p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. OATH OF OFFICE 1. Hopkins Center for the Arts Operations Board - Linda,Flynn The City Clerk administered the oath of office to Linda Flynn.' Mayor Redepenning and Council Members welcomed Ms. Flynn. IV. CONSENT AGENDA 1. August 19, 1997 regular meeting minutes 2. August 12, 1997 work session minutes 3. Disbursements, Prelist 1021 4.. Approve appointment of Dane Dye to Human Rights Commission (Memo) 5. Accept assessment roll, order public hearing, miscellaneous assessments and 1997 alley improvements (CR97-152) 6. Traffic controls, HCA alley (CR97-157) 7. Approve County Road 3, Stanley property issues (CR97-155) 8. Adopt equipment replacement plan (CR97-144) Steve Mielke asked to have item number seven pulled from the consent agenda for ,further discussion. Council Member Maxwell moved and Council Member Jensen seconded a motion to approve the consent agenda 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 was carried unanimously. Mr. Mielke said that when item number seven was placed on the consent agenda, it was thought that Mr. Stanley had accepted the City's offer to move the garage from exiting onto Excelsior Boulevard to exiting onto the cul-de-sac that will be constructed on 19~' Avenue South. Norb Kerber explained that Mr. Stanley had not September 2, 1997, City Council Meeting Page 1 agreed and asked for guidance from the Council in determining how much more could be offered to Mr. Stanley. Council determined by discussion that the offer from the City was fair. Council Member Jensen moved and Council Member Hesch seconded a motion tc approve the unsigned agreement. A poll of the vote was as follows: Council Member Maxwell, nay; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion was carried. PUBLIC HEARINGS 1 . Approval of refunding revenue bond, Blake School (CR97-150) Jim Kerrigan told the Council that the City of Hopkins approved a bond sale in 1994 to finance improvements at Blake School. Blake is requesting the sale of a new bond to reduce the interest rate. Mr. Kerrigan said this is preliminary approval and that the Council will be required to give final approval before the sale is complete. A discussion followed Mayor Redepenning opened the Public Hearing at 8:00 p.m. No one from the public came forward. Council Member Maxwell moved and Council Member Johnson seconded a motion to close the Public Hearing. The Public Hearing was closed at 8:01 p.m. by unanimous consent. Council Member Johnson moved and Council Member Hesch seconded a motion to adopt Resolution 97-84, giving preliminary approval for the issuance of revenue refunding bonds for the Blake School project. 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 was carried unanimously. VI. NEW BUSINESS 1 . Waiver of plat - 130 19th Avenue South (CR97-153) Jim Kerrigan told the Council that 130 19th Avenue south was purchased by the City to create the cul-de-sac at Excelsior Boulevard and 19th Avenue South. A portion of the lot will be used for the cul-de-sac and the remainder has been sold for new construction. The lot needs to be divided to separate the cul-de-sac portion from the lot. Mr. Kerrigan said that the conditions of the Subdivision Ordinance are met and that the new lot conforms with the Zoning Ordinance. The Zoning and Planning Commission unanimously approved the waiver of plot. September 2, 1997, City Council Meeting Page 2 Council Member Hesch moved and Council Member Jensen seconded a motion to adopt Resolution 97-87, approving a waiver of plat at 130 19th Avenue South. 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 was carried unanimously. 2. Discussion of storm and sanitary sewer issues (Memo) Steve Stadler told the Council that a new area has been identified as a storm drainage flooding area. He gave Council a report of measures taken and measures being planned to reduce flooding and sanitary sewer backup during storms in the eight areas that are identified as problem areas. Residents from some of the areas asked questions and commented on their concerns that the problems be resolved. Mayor Redepenning assured them that all is being done to identify the problems and resolve them. No Action was taken. 3. Approve engineering services contract and order feasibility study for street improvements, Interlachen Park (CR97-156) Steve Stadler told Council that the improvement area was scheduled for improvements in 1997, but neighborhood residents objected to the City Policy mandating the use of concrete curb and gutter or raised asphalt edges. The Council modified the policy and the Interlachen Neighborhood acquired more than the 55% of signatures needed to allow reconstruction without cement curb and gutter or raised asphalt edges. Mr. Stadler said the project is scheduled for 1998 and that four engineering companies submitted bids for the feasibility study. Bolton and Menk, Inc. (BMI), was chosen based on overall understanding of the project. Mr. Stadler also said that a neighborhood meeting would be held in September and that residents will be notified approximately one week prior to the meeting. Council Member Maxwell moved and Council Member Johnson seconded a motion to adopt Resolution 97-88, ordering preparation of a Feasibility Report - 1998 Residential Street Improvements including Preston Lane (Ashley Road to Homedale Road1, Ashley Road (Preston Lane to Boyce Street) and Holly Road (Goodrich Street to dead end) and allow the City Manager to enter into an agreement with Bolton and Menk, Inc. (BMI) for preparation of feasibility report and preliminary survey. 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 was carried unanimously. 4. Introduction of draft agreement with Minnetonka, Shady Oak Beach improvements and operations (Memo) September 2, 1997, City Council Meeting Page 3 Dave Johnson explained the terms of a twenty year agreement that staff is proposing for improvements and operations of Shady Oak Beach. Mr. Johnson said that the City Attorneys are still negotiating language changes. Council Member Maxwell pointed out that as the contract reads, the agreement would go into effect after Hopkins has made the last payment to the City of Minnetonka, thereby, creating atwenty-six year lease. Mr. Mielke said that was not the intention and that the necessary changes would be made to assure a twenty year lease. Council discussed that fact that two different figures were used in planning the project and that the final figure is about $50,000 more for the City of Hopkins than originally approved. Mr. Johnson said that the item will be brought back in two weeks for final approval and that if Council wished he could show them at that time what would have to be removed from the plan to stay within the original amount of $1 .5 million. Council discussed the amounts and decided they would take no action at this time. 5. Accept plans and order bids, Hopkins Plaza storm sewer (CR97-152) Steve Stadler told the Council that a feasibility report to study a storm sewer project at the Hopkins Plaza/Hopkins Home Center site was ordered in May of this year and presented to Council on August 5, 1997. At that time Council approved RCM Associates' report and authorized project plans and specifications. The plans were presented for final approval. An easement was obtained from the Hopkins Plaza Apartments for the project. Mr. Stadler said that the project would be completed this fall. Council Member Hesch moved and Council Member Jensen seconded a motion to adopt Resolution 97-86, approving plans and specifications and authorizing bids - Hopkins Plaza Storm Sewer Project 97-08. 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 was carried unanimously. 6. Preliminary 1998 budget/tax levy adoption (CR97-158) Steve Mielke told the Council that Staff had prepared and was presenting three options for the 1998 budget and 1997/98 tax levy. The options presented showed increases from 0% to 2.5 % in the levy. Mr. Mielke asked that the Council approve a preliminary levy that would leave room for flexibility in the final adoption of the 1998 budget. Council set public hearing dates for the 1998 budget as December 15, 1997 for the initial hearing and December 16 regular Council Meeting for final adoption. Council Member Jensen moved and Council Member Hesch seconded a motion to adopt Resolution 97-88, approving the proposed 1997 tax levy of option three as presented, collectible in 1998, adopting the preliminary 1998 general fund budget of $7,091,300 and setting public hearing dates as December 15, 1997 for the September 2, 1997, City Council Meeting Page 4 initial hearing and December 16, 1997 for adoption. 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 was carried unanimously. 7. Appointment of Council Liaison to HCA Operations Board Mr. Mielke told Council that a Council Member should be appointed as liaison to the Hopkins Community Arts Operations Board. Council discussed the appointment and decided that more time was needed to further discuss the issue. This item was continued to the work session of September 9, 1997. VII. REPORTS -COMMITTEES/COMMISSIONS There were none. VIII. ADJOURNMENT There being no further business, Council Member Jensen moved and Council Member Hesch seconded a motion to adjourn. The meeting was adjourned by unanimous consent at 10:22 p.m. Respectfully Submitted, erry Obe;('maier, City Clerk ATTEST: Char es D. Redepenning, Mayor September 2, 1997, City Council Meeting Page 5 COUNCIL MEMBERS