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09-21-93~_ ~y S r A regular Heating of the Hopkins City Council vas bald on September Zi, 1993 in the Council Chambers of the Hopkins City Hall. Present were Mayor Redepenning, Councilsembers Anderson, Hasch, Rrftsler and Maxvall. Also present vera staff cambers Mislka, Genallie, 8as•~aninq, Gustafson, 'Carrigan and City Attorney Jana Millar. I. CALL TO ORDffit Mayor ~~~penninq called the meeting to order at 7:43 p.m. II. CONS$NT AGffi~iDA 1. APPZ~OVAL OF T8$ S$PTffi~ffit 7 , 199 3 RBGIIL~R I~STII~G l~.r4iaS Z. APPROVAL OF DIsnuaS~S, PR~•TST 9Z0 3. APPROVAL OF MIS~•T-~l1~SOU8 LIC~S$S 4. APP!~va APPOINT OF COUIITY jiA,~ 3 CO~II~II•riaa ~~SMB$R 5. APP~ava ANARD OF BID FOR BLSI-~N~K~ (Rpt. 93-153) Councilmembar Anderson moved and Councilme~mber Hasch seconded the motion to a~~t~ra the Consent A+g~n~~. A poll of the vote vas as follows: Councilaa~abar Anderson, Aye; Councilmember 8esch, Aye; Councilmembar i~itslar, Aye; Councilmembar Ma~nrell, Aye; Mayor Radapenninq, Aye. The motion carried unanimously. III. APPB1~lRAl~C$S a. ~iKLEY FJ$LD Mrs. Fjeld appeared before Council voicing bar concerns over the truck traffic and sp-~inq problems on 5th Avenue North. She stated that she is the one who had requested the appearance and not bar husband Dick. She indicated her displeasure with the performance of the City staff and presented a petition Which asked for enforc~r~la signs to ba installed and enforcement to begin. She requested that a record of the meeting ba sent to all homeowners on 5th Avenue. Chief Johnson stated that the it is very difficult for the police to enforce the signs, limiting the weight of the truck traffic, because the City does not have a scale to weigh the trucks. .:: • ~ s ^ S PAG$ a ai, 1993 CITY COUNCIL 1~STING The signs have been replaced to their praviaus locations. City staff rill look into placing a~~~~ late signage and weans to enforce the la`rs. Don Roasnar, 618 Nast Park Valley Drive, asked if the signs in the valley are enforceable. Council~aesber Ate-^~+ requested that the citisens be informed of changes and requested that same research be dons to campleta changes on the signs so that they are consistent. Councilsesber NaXNall suggested that uniform enforceable lags bs Bade for all neighborhoods. City Manager ~ifelk~ stated that in the neXt 3o to 6o days staff could ras•arch and report to Council on the follovinq ita~ss: 1) The a~~ ~~~ late ~raight 1 imf t to be placed on 5th Avenue; 3) The a~~ o~,t late signage; 3) Options for enforcement; 4) The financial iiplications of removing this street frog the state aid system. b. JOB STRiOrTAN - RS: FINANCING. ARTS caw iaat/TAX INCRffi~ST ~. Strojan voiced his concerns over using Tax increment Financing for the proposed performing arts cantor. 8a eras strongly opposed to using this type of financing. lam. Strojan gave a sugary of TIF eXpsnditures and the return to the City. He suggested that the city should sloe down and look at the use of the funds in a soya timely Banner. Duffy Bran, 6a6 Nest Park Valley Drive, stated that he is in favor of a referendum so that the citisens could decide if that' era in favor of a ~..r~orming Arts Center. Iv. OLD BUSIN$SS a. CONSIDffit ACTION - 1711 FIRST STR$ST NORTS (Continued from last meeting) Staff recaomamended the folla~rinq motion: l~ova to recommend the tpro property owners undertake mediation through Nest Suburban 1~[ediation Canter. _ ..s r a S$PTffi~ffit Z 1, 199 3 CITY COIINCIL NESTING PAG$ 3 Katherine and Phillip Gon$ales appeared before Council to request a grant be made to Ns. Kline to allay her to hook up to the City water and sewer system. They stated that they are aware that Ns. Kline is living on a fixed income and to have to pay for this service could create a hardship for her. That' are vary concerned over the possibility of the present septic systa~a breaking darn and creating a worse situation with leakage into their yard. Grace Roberts, daughter of Ks. Klima, addressed the Council with her concerns for her mother. She stated that her mother could not afford a $1x,000 assasserent against her property as the assessed value of the praparty is only $~O,000. She also stated the house would be vary difficult to sell. Bar mother has always had the septic tank puwpad and eraintained her property. 8z. lrlielke suggested that ha participate in a three way mediation session and try and coo^~e up with a solution or arrangement. If the eradiation results in a financial commitment by the City, 8r. ![ialka would bring the results back to the Council for aY~s•~ral. After discussion Councilmembar 8esch moved and Councilmember Kritsler ~ac~nded the motion that 1~. Mielka bacoane a partf cipant in the mediatf on s ~~•~santf ng the City through the ilast Suburban Nadiation Canter. A poll of the vote was as follow: Councilmeerbar Anderson, Aye; Cauncilmember 8esch, Aye; Councilmember Krftalar, Aye; Councilmember Naxwall, Aye; Mayor Redepanninq, Aye. The notion carried unanimously. b. CONSIDER ACTION - l~l~r~wABA OAKS Tom 8armaninq explained the purpose of this discussion. 8a gave: o A brief discussion on legalities of amending loan agreaerant. o A description of her the currant loan agreeaent would Head to be amended to reflect a "principal only" arrangement. o A description of financial fapacts of "principal only" loan arrangement. ~~ t i SBPTffi~~ Z1, 1993 CITY c.~urCIL FETING P~IG$ ~ 1~. Carlson appeared before Council requesting that th City _ pay $100,000 with the l~ssociation paying the other $75,000. 8e further suggested ma~cinq the property into a nature type center Nfth signage and trails at the expense of the i~ssociation. Ha also stated that the association could maintain the property. Councilmambsr Hesch asked if they had requested funds from the Hennepin County Tree Fund? llaayor Redepanninq asked ~l'r. biller if it Mould ba difficult to redraft the promissory note Mith a aero interest being paid by the association. ~. I~iillar said that it could be done in a very short time. Don Roesnar stated that Ramsgate ~~~built the property by Z 0 to Z 5 apartments and therefore did not have to right to use the property in question for building purposes. lsr. Carlson stated that the Headed space ras taken for additional parking back in 1969 or 1970 and agreed that the property eras to ba left unto~~~~+Ad. l~i`r. ~[iller stated that during all the research nothing had bean found to confirm this theory. Councilmambar Hasch felt that something could ba done to save the area and that the l~asociation should search for other fundi~. 1Layor Redapenninq stated that ha felt badly about the situation but can not recoamand that the City pay for the property. 8a did ask staff to qo back and look at ra~~ds of the number of a is build at Ramsgate in the late 1960~s. Councilmember KaxNell moved and Councilmembar i~ndarson seconded the motf on for staff to ~;~+~ ~k the records and submit the l~ssociation~s latest proposal to the Park Board for their raco~mmendation. a poll of the vote Mss as follavs: Councilmember i~derson, i~ye; Councilaiember Hesch, aye; Councilaember IOcitslar, lye; Councilmembar Kaxrall, aye; Mayor Radepsnninq, i~ye. The motion carried unanimously. ~ ~.t iii a~~r.r 1. yr~r Yr.a ~~-_- - _~__ -__ rrN •.r .r.3t t ~ ~ T' ~_ _~. ~. -' _.-rte-~ ~ ~_ a S$PT~$R 31, 1993 CITY c.~ur~CIL M$STII~G PAGF 5 c. OONSIDB'R ACTIOR - S~.Orc RShDIBG OF ORDiNANC$ 93-Z79 R$SSTABLI~M ~ wv A 8iA+1Ai~ RIGSTS COlS~ISSIOI~ Staff raco~andad that the Council approve the folloNinq motion: Move that the Hopkins City Council adopt Ordinance No. 93-7Z9 for second reading and order published. Tha John Roschen, Minister of Miapah Dhited Church of Christ, appeared before Council to add his support for a Hbaan Rights Coassission. 8a stated that he had talked rith several interested parties rho trera villinq to larva on a commission. Karen Jensen also appeared before Council to give her backing to the establishing of a Shman tights Commission. She stressed the need for education for the Children. She felt that young people should also bs put on the commission. The ~teveies~ Mr. Roschen requested that Jim Genallis be the liaison to rbprbsent the City. Councilmamber 8'ritslar moved and Counciime~:ber Anderson seconded the notion to adopt Ordinance loo. 93-739, Mich an amendment indicating that the Commission could use Nast Suburban Mediation Center for mediating human rights disputes, and order the ordinance published. A poll of the vote eras as follo~rs: Councilmaaber Anderson, Aye; Councilmember Beach, Aya; Councilmembar Rritslar, Aye; Councilmember Ma~nrall, Aye; Mayor Redepenninq, Aye. The motion carried unaniaously. d. DISCQSSIOI~ PBSFO~IIl~G ARTS Tom 8armening revieMed Kith the Council the three items that needed discussion. i. Provide general background information of Performing Arts project. a. Provide a sumsary of the financial status of Child's Play Theatre and Minnetonka Dance Theater and School. 3. r~~~ide information on the formation of a Local Arts Agency. 8a submitted financial statements from both Child's Play Theater and the Minnetonka Dance Studio shoring that both organisations vacs in the black. ~,: SEPTEI~ER 21, 1993 CITY COUNCIL 1~ETING PAGE 6 8a said that the Council named to give saga direction as to the structure of an Arts Board. It could ba either a private commission or public caemission. Don Roesnar stated that it seated that costs Nara escalating on the project at that noti there Mas the possibility of no restaurant. 8e suggested that it eras time to call a halt to staff spending more time on the project. Councilmamber i~italar said that to put together a project of this else is ~rorthy of staff and council time and he Mould like to see things qo forrard. Councilmember Na:cvall ~rantad to knor more about the TIF use for the project. Councilmembar Basch said that the project should qo forarard Frith or Nithout the entire entartainmant compla~c. It would still ba a multi purpose art canter and should ba pursued. Councilmember Na:c~r+sll disagreed on a stand alone art center and said that ha felt that it needs the tr"~tar and restaurant to s:~~c~~ . Mayor Redepanninq asked the Council to review Resolution No. 93-95 coa^mfttinq the City to $1,500,000 for construction costs with conditions. Councilmember Anderson said he is totally opposed to a stand alone art canter but could favor the entartai~ant campla~c with restaurant and t~+e~ter. After further discussion Councilm~ber Anderson moved and Councilmembar Basch seconded the motion to adopt Resolution No. 93-95. A poll of the vote was as follo~rs: Councilaember Anderson, Nay; Councilmembar Basch, Aye; Councilmember l~itslar, Aye; Councilmember Na~nrell, Nay; Mayor Redapenninq, Aya. The motion carried. e. CONSIDER ACTION -FIRST READING OF ORDINANCE NO. 93-725 - c~eiux~"~~ IN COI~II~ERCTIT. BONE Staff recommended the follouinq motion: Move to aY~~~ra Resolution No. 93-93 approving Ordinance No. 93-725 for first reading which amends the Soninq Ordinance to permit religious institutions as a conditional use permit within the H-2 and B-3 coning districts for first reading. ~+ -~. ~` : .• • SFPTffi~$R ai, 1993 CITY wur~CIL ~BTING PAG$ 7 Councilma~ber Anderson roved and Councilma~aber Hasch seconded the lotion to aY~•w-d Resolution 80. 93-93 a~~ ~~ing Ordinance No. 93-7Z5 for first reading. A poll of the vote ras as follors: Councilserber Anderson, Aye; Councilaarbsr Basch, Aye; Councila~bsr RFitsler, Aye; Councila~eeber Kax:rell, Aye; ~ayar R~edapanninq, Aye. The lotion carried unaniaausly. v. ~ sIISn~ss a. COHSIDffit ACTION - ~~NMarIN c.0ur~•r~t PDBLIC ~~s SIT$ ADTHORIS$ I~HGO~PIATI01~ (Rpt. 93-15~) Staff taco adoption of the follotiinq notion: love to authorise City staff to negotiate a purchase option agreesant rith Hennepin County regarding the Hennepin County public narks facility, with staff to return to the City Council far final a~ oval of the option agrearent. After a brief discussion Councila~bar Anderson coved and Council~~*' i~itsler seconded the aotion to aYYr~va staff to negotiate an agree~aent rith Hennepin County. A poll of the vote ras as follors: Councilse~ber Anderson, Aye; Councilaerbsr Hesch, Aye; Cauncila~aa~ber 1Critalar, Aye; Councilaa~bsr l~axrell, Aye; Mayor Radapenninq, Aya. The aotion carried by unanirous consent. b. DISCQSSIOH - PRIVAT$ OR PQBLIC US$ OF DEPOT Councilaaebsr ~axrell moved and Councila~~*• ~it$ler seconded the ~ootion to continue this itaz until the next Council aaatinq. A poll of the vote ras as follors: Councilsarbar Anderson, Aye; Councilma~mber Hesch, Ays; Councila~ber ~italar, Aye; Councilaamber Haxrall, Aya; Mayor Radapanninq, Aye. The aotion carried unanirously. VI. PQSLIC C0~!ffi~ITS/CON~-K~NS There rare no public counts. VII. R$'PORTS - CO~i1`1-1•~lsS/CO~tISSI01~8 Councilme®ber Basch gave a brief report on the Ctiea~ical Health Commission. - -- - -- - - ~ - -- - ~ - - - ^ - - --~- ---a -- - . - -- --- - - - - - - •~ s ~ .' - ~ SEPTffiG~$R Z1, 1993 CITY c.J~urCIL 1~8TIHG P1~1GE 8 Councils star Ka~nrell said that • an hrts Hoard seating eras scheduled for Konday night at 7:00 p.s. 8s also stated that C:~~ye 8arsan could ba attending. VIII. 1~DrT~u~I~NT Councilsosbar mall sovad and Councilaiesber l~lnderson seconded the sotion to adjourn. The seating adjourned by unanisous consent. Ra~*+ectfully subsittad, r` ~ A ~ Pat G~sborna, Da ••=~Z: ~ Clark v'~iusCIl~~: i~% ~~ ~ ~~~~~ (/ - - _~ ~. ~. • ~ .. ~L C~ la~D. Rada ~: ? ~ ~ ~~ 4 ~ r• , ~ayo3'~ r -- _.. _ _ . _.. .. - .- ~ -- - - - -~ - - -- - - - .~---- - - - _- - .