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03-18-97A regular meeting of the Hopkins City Council was held on March 18, 1997 in the Council Chambers of Hopkins City hall. .~ Present v~rere Mayor Redepenning and Council Members Maxwell, Hesch, Johnson, and Jensen. Also present were staff members .Mi~lke, Stadler, Gessele, and City Attorney Jeremy Steiner. I. CALL TO ORDER ' Mayor Redepenning called the meeting to order at 8:04 p.m. II. OPEN AGENDA -PUBLIC COMMENTS/CONCERNS Duffy Bren, 646 West Park Valley Drive asked why Coffee with the Council has been discontinued and requested that the Mayor, and Council Ililembers speak into the microphones. Bob Tickle, 248 I-~awthome Road, asked what the Council's policy is regarding the • percentage of .dollars • that are needed to be in hand to commence with construction phases of the Hopkins Center for the Arts. He asked if all the funds had been raised by • the Fund Development Committee. III. CONSENT AGENDA 1. March 4,1997 regular meeting minutes . ~ 2. Disbursements, Prelist 1010 3. Miscellaneous licenses 4. Accept bid, onier assessment hearing for April 15 on First Street North improvements (CR97-53) ' 5. Re-advertise lift station #5 reconstruction (CR97,48) 6. Order April 15 assessment hearing, 1998 alley improvements (CR97~2 7. Second reading, public utilities ordinance revision (Memo) 8, Consider 1997 -1999 labor contract, Local 49 (CR97~2) 9. Consider 1997 -1999 police dispatcher and public service officer contract (CR97-41) 10. Consider 1997 non-union salaries (CR97-43) 11. Second reading, various zoning amendments (Memo) 12. Change order, Engineering budget, storm sewer project 96-17 (CR97-47) 13. Approve sale of Eighth AvenuelMainstreet property to HRA (CR97-44) Jim Gessele said that item six should read "public hearing" in place of "assessment hearing". , Council Member 'Maxwell moved and Council Member Hesch seconded a motion to approve the consent agenda as amended. A poll ofi the vote was as follows: Council Ma~+ch 18,1997 City Coundl Meeting Member Maxwell, Aye; Council Member Jensen, Aye; Council Member Hesch, Aye; Council Member Johnson, Aye; Mayor Redepenning, Aye. The motion was carried unanimously. V. OLD BUSINESS 1. Approve development agreement, Nine Mile Cove (CR97~1) Steve Stadler told Council that staff has been working with Taurus Properties and their engineering consultant, Westwood Pr~o~fessional Services, Inc. to complete this development agreement The City will reconstruct 2nd Avenue South from the project site to 7th Street South and will install sanitary sewer pipe and water main from 8th Street South~6th Avenue South to the project site. The City will pay for 5096 ofi the cost off the new watermain and 3096 of the cost of reconstruction of 2nd Avenue South for an estimated cost of $65,000. Council discxassed the issues. Council Member Maxwell moved and Council Member Johnson seconded a motion to approve the Development Agreement with Taurus Properties regarcJing public and private improvements -Nine Mile Cove Townhome Development. 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 tamed unanimously. VI. NEW BUSINESS 1. First reading, ordinance removing fire protection requirements (CR97-39) Steve Mielke told Council that Section 905.03 of the City Code made provisions for fire sprinkler systems in those buildings south of the railroad right-of~ways from the fire station in the event that the fire trucks were delayed by a train crossing. The tracks crossing 11th Avenue have been removed, giving access to that area that is comparable to the rest of the city. Mr. Mielke said that the ordinance provision is probably not enforceable; that it is an impediment that should be removed. Council Member Johnson moved and Council Member Jensen seconded a motion to accept the first reading of Ordinance 97-799 which deletes section 905.03 from the Hopkins City Code, eliminating requirements for automatic fire extinguishing systems for new construction south ofi the railroad right-0f-ways from the Fire Station. 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. March 18,1987 City COundl Meeting Page 2 2. Consider changes to Legislative Policy 8-B road improvement policy (CR97-~49) ' Steve Stadler said that in September, 1996 staff was directed to review existing street reconstruction policy and at the February 11,-1997, Council Worksession, staff was further directed to propose a policy revision which would allow, in some instances, street reconstruction without requiring raised asphalt edge or concrete curb and gutter. Mr. Stadler said that the proposed policy would still require a standard of concrete curb and gutter, but would allow street reconstruction without installing curb and gutter or raised asphalt edge in areas where a petition of 5596 or more of the residents requested no curb and gutter. He also said that the proposed policy would require that any alternative construction be assessed at 10096 to abutting property owners. Council discussed the changes and said that they did not meet their expectations. Council Member Maxwell moved and Council Member Hesch seconded a motion to table the item to a future worlcsession. 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. 3. Brush program changes, legislative policy amendments (CR97-50) Steve Stadler said that because of new rules of the Department of Natural Resouroes, the City is being foroed to change how brush is disposed oF. The city can no longer bum brush. It has to be chipped and that will increase e~enses. Dates were changed for drop-ofd sites and for curbside pickup. ' Council Member Hesch moved and Council Member Maxwell seconded a motion to authorize staff to implement modifications to the brush and yard waste collection programs by approving amendments to legislative Policy S-D as outlined and approving Resolution 97-25, setting brush and yard waste service fees. A poll of the vote was as follows: Council Member Maxwell, Aye; Council Member Jensen, Aye; Councl Member Hesch, Aye; Council Member Johnson, Aye; Mayor Redepenning, Aye. The motion was carried unanimously. 4. Parking limitations, First Street North (CR97-46 Steve Stadler told Council that because a portion of the 1st Street North reconstruction project is funded by State Aid, the street has to conform to parking standards. Before MN/DOT will give final approval to the plans, a resolution from the City of Hopkins that defines parking restrictions is required. Council Member Maxwell moved and Councl Member Jensen seconded a motion to adopt Resolution 97-23, establishing parking limits on 1st Street North. A poll ofi the vote was as follows: Council Member Maxwell, Aye; Council Member Jensen, Aye; Mangy 18,1997 City Coundl Meeting page S Council Member Hesch, Aye; Council Member Johnson, Aye; Mayor Redepenning, Aye. The motion was carried unanimously. 5. Resolution-funding sournes for performing arts facility (CR97~4) Steve Mielke said that as instructed by the City Council, staff has prepared a resolution clarifying the city's position with regard to the use of capital resouroes to Construct the Hopkins Center for the Arts. " Council Member Maxwell moved and Council Member Hesch seconded a motion to adopt Resolution 97-29, establishing the city's position with regarc! to the use of funding souroes for the Construction of an arts facility in Hopkins and making a change in paragraph three changing "to this project" to "on this street" 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. Hopkins Center for the ArtslChild's Play Theatre lease agreement Steve Mielke said that the lease would provide Child's Play with use of the theater to rehearse and perform throughout its 36-week annual season and give use of the multi-use performance hall for 16 weeks of each year. Child's Play would pay between $84,000 and $90,000 in rent for the first full year based on its 4296 share of operating e~cpenses. There will be a four per Cent increase each year thereafter. Mr. Mielke suggested that the Council take the same action that was taken by the HRA. Council Member Jensen moved and Council Member Johnson seconded a motion to approve a lease with Child's Play Theatre Company for the Hopkins Center for the Arts with lease parameters as shoMm in lease attached, to authorize City executive officers Redepenning and Mielke to resolve outstanding minor issues as identified by staff, and to authorize City executive officers Redepenning and Mielke to execute the lease with Child's Play Theatre Company. 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. Excelsior Boulevard reconstruction project-median landscaping (CR97~6) Steve Stadler said that the colored Concrete that was originally planned to be used for the medians was difficult to obtain and suggested that it be replaced in the design by six inch colored concrete blocks. Council Member Jensen moved and Council Member Hesch seconded a motion to approve the Excelsior Boulevard Median landscaping plans as presented. A poll o-F 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. Man:h 18.1997 City Coundl Meettnp Pape 4 VII. REPORTS - COMMITTEES/COMMISSIONS Council Member Johnson said that the Raspberry Festival Committee met and that they will be presenting plans to the Council in April. ., VIII. ADJOURNMENT ~. There being no further business, Council Member Hesch moved and Council Member Johnson seconded a motion to. adjourn. The meeting was adjourned by unanimous consent at' 9:48 p. m. Respectfully Submitted, .: .. , . .. •- :_ _ _ .- eny O ~ - per, City Clerk _ ~ - ,.. . .., ~` ~ ~' '~ COUNCIL MEMBERS -: Y , ~ ATTEST: - -~ Charles D. Redepen~r ir~g, Mayor ~ March 18.1997 Cfty Council Meetlnp ~~/ _ ~ ~ -- i ~: .'y ~f ~ `~ ~ _~ ~, s Page 5