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01-21-92~ .. A regular msatinq of the Hopkins City Council ras held on January Zi, 199Z in the City Council Ctiambers of the Hopkins City Hall. Present rare Mayor Berg, Councilaeabers Anderson, Shirley, Rritslar and Redapenninq. Also present rare staff members bislka, Genellie, $araening, Gustafson, Gassela, Schaller and City Attorney JvZ t~ls biller . I. CALL TO ORDER bayor Berg called the meeting to order at 7:30 p.m. II. PRESENTATION br. Donald Bragar aada a presentation to John Schaller, Finance Director of a Certificate of Achievement on behalf of tha G ~ t Finance Officers Association. ' III. coxsENT AGENDA 1. APPROVAL OF THS JAIbTARY 3, 199a REGIILi~R COIINCIL bEBZ'ING ~urui•BS a . APP1tOVAL OF DIsnu~c8ffi~ENZ'S, PRa*•TST NO. 879 3. APP:~va bIB~''~•T•#NEOUS LICENSE APPLICATIONS 4. APPROVE SPONSORSHIP OF GRAFT APPLICATION - DNITED RECY~•TNG S . APP'RO'VE CHANGE ORDS[t bEAbOi~BROOIC LIFT STATION 6. APPROVE SCOPE OF ~~ FOR FEASIBILITY siu~Y - ALLEY- SCAPE PROrTSCT 7. RESOLn'TION ORDRRT~G HATER AND SEi1ER ASSESSb~1T FOR PHASE I. bAIl18TREET 8. APPROVVE FINAL~aVGE ORDER - Li~NDFILL Rffi~DIATIOI~ PROJECT 9. APPROVE GAl~AT•TKG LICENSE APPLICATION - $OYiC11~18 ~•~~ 10. APPLICATION FOR THE bHFA BLI~•i•~u RESIDENTIAL PROPERTY PROGRAb 11. SET DATE FOR BOARD OF REVISiI FOR APRIL aa, 199a, 7 : 0 ~ CLOCK P. b. Councilmambar Anderson moved and Council'~~r Shirley seconded the motion to a~ptt~~-e the Consent Agenda. A poll of the vote ras as follors: Councilmembsr Anderson, Aye; Councilmember Shirley, Aye; Councilme®ber l~italar, Aye; Councilmamber Radapanninq, Aya; bayor Barg, Aye. The motion carried unanimously. r ; January ai, 199x Paq a IV . OLD BUSII~BSS (a) CONSIDER 1~lCTION - Ii~SG~1T$ PTiR~~18$ Staff reco~e~ndad adoption of the folloaring motion: 1~[ove , to establish a budget of $1x5,000 for the purchase of the Ramsgate Tornhomas property and $75,000 to pay the City~s expense for pursuing eminent domain should it became necessary. l~dditionaliy, that the source of funds for the , purchase ba from private donations to the City. (CR 9a-3x) ~. l~Iielke informed the Council that the City staff had follored their instructions: • i. To obtain an appraisal x. To discuss purchase and price rith ~. Jones •3. To initiate paper rock on eainsnt domain 8a informed the Council that the appraisal is $1x5,000. He also stated that the staff is currently in negotiations rith ra~esantativas of ~. Jones. Ha said to have a bond issue election and referendum to obtain the funds could not ba cost effective. 8e also said that to proceed rith aainant domain the cost could bs around $75,000. 1~'r. Mialke stated that the City had received a petition rith over a hundred names to oppose the City spending funds to purchase this property or proceed rith eminent domain. Councilmembar Rritsler asked about the $99,000 price of the ~operty. 8e ras informed that ras.just one appraisal figure done by the 8iaratha group. Frank Ruckert, xOx 16th l~lvenua Forth, appeared before Council to support the tax objections of the people. Ha stated that to assess him for property for x4 people ras objectionable. 8e also stated that the purchase of this property does not benefit the aajority of the people. He asked if the balance of the people rare the fory~.tan tax payers. 8a said that ha had driven by the property and also examined it and it contains a lot of refuse and asked rhy the people had not cleaned it up? 8a also stated that the City had no business being dram into this proposal for the benefit of afar people. Mayor Berg said that 1~. Duckerts counts rare ravelant and that is rhy the City is in the middle, acting as mediators. t January Zi, 199Z Page 3 Larry BcNeff, 431 8iaratha Avenue, stated that the quiatitude and aesthetic value of the property ras north saving. 8a also stated that the residents suffer froze rater running into the residents baseeents. To ra~aova the buff r could cake the problem worse than it is now. 8e also stated that Urban funds are available for raising ftiu~ds to s~ ~.ect the environaent. Neil Heikkala, Attorney, stated that ha felt that to expect the group to pay 100 of the cost of obtaining the property ras unrealistic. 8a felt that the City should be a part of the project. ll~. 8ai]ckala stated that the City should use eminent doaain to secure the property. Joey Carlson, 435 8iaratha Avenue, told the Council that he had sore petitions to save the property and handed the list to 8ayor Harq, 8e stated that these rare additional Haase, that had not been presented before. John Novak, 534 Park Valley Drive, stated that it is very difficult to qo through ezinent doaain. 8e also said .that ha as a citiaen of Hopkins can not support taki a sans property. 81s question: 8ov can the City eve ~c~sider such a proposal as eminent doaain? He suggested asking the people hoer they feel about thi• project. Archie Carter, Za5 1~est Park Road, said that he fs tilling to donate $500 to the saving of the trees. 8a also said he Could loan the City $10,000 at a lour interest rate to proceed tith the purchase. lam. Carter felt that the City should ba involved in the purchase of the property. 'Cathy Caouatta, 314 Sth Avenue North, and Joyce Picha, 314 lath Avenue North, stated that they rare involved in the petition opposing the purchase of the above property tith public funds. 8s. Caouette stated that they are not agitators, but feel that the use ' of public funds for this project is not in the best interests of the public. Councilaeaber Anderson said that he is for saving the trees but not at the City~s •Ypansa. 8a Could like the City to take a stand,against continued davelopeent on property tith aesthetic value. 8a felt that the City should be involved and perhaps share up to Z0~ of the costs. Councilaeaber Shirley stated that he is struggling tfth the problem but agrees that the City should not cosmit to using any City money for the project. January Zi, 199a Paq 4 Councilmember l~italer can appreciate x'r. Jones position but he Mould also like to see the trees saved as a natural resource and an attractive buffer. 8e stated that the City Kanagers proposal has a lot of merit. Cauncilmembsr Radepenninq stated that ha doss not believe the City should share in the costs and certainly should not qo out on a limb declaring any dollar aaaunt to be supplied by the City. lsayor Herq stated that he could not stand in the May of private donations purchasing to property, but he would not support any moneys from the City to be used for this project. 8e asked MF. i~iielke tMO questions. i. How can this money be collected before the February deadline? Z. Can a specific method be established for collecting the donations? H~. 1Kie1]ce stated that any money received, must state that this money be designated for the purchase of the afore aentioned property. Should the project not qo through, then the coney must bs reftusded. l~iy money received as a donation without specific designation could be kept by the Cfty and used for other purposes. This Mould be up to the Council to decide. !i'r. l~ielke asked lam. biller to explain the cost procedure should eminent domain commessce. lam. Killer stated that the City Mould be responsible for all costs incurred by both sides should the City decide to halt the eminent domain proceedings once they have begun. He also stated that once you adapt a Resolution for eminent domain the City must begin the proceedings and bear the costs. If the Council detersines to proceed Mith eminent domain the Resolution should be in front of the Council on February 18, 1992. ~. Duckett questioned the Council. He again stated that this project does not bsnef it all the people. To coaomit to saving this property for a few people instead of all the people questions the Councils credibility. lam. Heikkila again stated that the City has to start protecting the environment someMhere. He Mould like to see the City try to extend the date of February 18th to allot the group to raise the necessary money. January ai, 199a Page 5 Councilmsmber Redepenning coved to establish a budget of $1x5,000 for the purchase of the Ramsgate To~rnhome praparty and $75,000 to pay the City~s expenses for pursuing eminent domain should it became necessary. Additionally, that the source of funds for this purchase be from private donations to the City by February 18, 199a unless the data is changed to a mutually acceptable ties by Mr. Jonas and the City. Councflmembar Shirley seconded the motion. A poll of the vote ras as follo~rs: Councilmea~obar Anderson, Aye; Councilmember Shirley, Aya; Councilmembsr 1CFitslar, Aye; Councilmembar Rsdapsnninq, Aye; Mayor Hera, Abstain. The motion carried. v. N~ HusIN$ss (a) CONSIDffit ACTION - HIIILDING AT 70a - 7T8 Ave"ua S~uiri Staff racoma~nded adoption of the follo~ring motion: Adopt Resolution No.9a-07 declaring the building at 70a 7th Avenue South a haaardous building under Minnesota State Statute, Chapter X63 and ordering the structure repaired, rased or removed Mithin 90 days. (CR 9a-aa) The City has been imrolved rith this property since November of 1986. At that time the City received housing code complaints and attempted to resolve theca rith ~. Leroy Smithrud, the aarnar of the property. The City raa~~+~~ an out of court settlement in September of 1987 Frith Mr. Smfthrud and his Attorney that the structure would not bs occupied until the housing code violations had been corrected. In March of 1991 the city received neighborhood complaints about the building because of its dilapidation, lack of maintenance, and blight on the naighborhood. Inspections ~rere performed and it `ras dateszinad little or no ~rork had been done on the dp+ellinq since 1987. In Jena juveniles broke into the d~rallinq and sat up temporary housekeeping, and used it as a base for criminal activities. They also used candles for light creating a fire haaard. Nynn Curtis appeared before Council to explain that he had talked to Mr. Smithrud~s Attorney and they era in agreement as to the disposal of the property. lam. Smithrud Mould like to get bids on his o~rri for the demolition of the property. 8e would be allowed thirty days for hiring the ~rork done. If at that time nothing has been accomplished, the City Mould proceed Kith the condemnation proceedings. January ai, 199a Paq~ 6 After further discussion Cauncilaembar Shirley moved and Councilaembar ilC~itsler seconded the motion to adopt Resolution No. 9a-07. A poll of the vote vas as follo~rs: Councilaember Anderson, Aya; Councilmeaber Shirley, Aye; Cauncila~ea~ber ]C'ritslar, Aya; Councilmember Redepanninq, Aye; Nayor Bsrq, Ays. The notion carried unanimously. (b) OONSID$R ACTION - INSPECTION DSPARTl~l1'P PROGRAM - 11AYSATA Staff racoomanded the following motion: Nova to extend the current agreement between the City of 1laysata and City of Hopkins for inspection services for 30 Days and authorise the Nayor and City Nanagar to enter into a contract Mith 1~aysata for inspection services for the budget year 199x. (CR 9a-30) The fees generated Eros Naysata Mould help the department asst or exceed budget revenues projected and maximise the utilisation of staff. Councilmambar Shirley wanted assurances that this Mould not interfere with the City~s inspector first duty to the City of 8apkins. lam. Harmenfnq assured hie that should the City Head aora help that the funds generated by this ~~tract would alloy the City to pay for additional help and still sake a profit from the c~siiract. Councilmambar Anderson moved and Council~sabsr Radapenninq sa~vs~dad the motion to authorise the Nayor and City Nanager to enter into a contract with the City of Naysata. A poll of the vote was as follows: Councilaembar Anderson, Aye; Councilaeaber Shirley, Aye; Councila~ambar l~itsler, Aye; Councilmeaber Redapenninq, Aye; Nayor Berg, Aye. The motion carried unanimously. (c) CONSID$R ACTION - CO~ARABL$ 11ORTS R$PORT Staff racoemended adoption of the following motion: Nova that the Hopkins City Council a~~~ve, and authorise the Nayor to sign, the attached Pay Equity Implementation Report. (CR 9a-ai) 0 Adoption of this notion Mill allow the City to submits its Pay $quity implementation Report as required bey state law. ~ ~ January ai, 199a Paq 7 Councilmember Shirley coved and Councilmember Rritaler seconded the motion to approve and authorise the Mayor to sign the Pay Bquity implementation Report. A poll of the vote eras as t'ollow: Councilmember Anderson, Aye; Councilmaaber Shirley, Aye; Councilmember Hrftaler, Aye; Councilmember Redapsnninq, Aya; Mayor Berg, Aye. The motion carried unanimously. (d) DISCQSSION ITI+BI - TRUTS IN ~iusING The purpose of the report is to advise the council of staff's progress on studying the issues pertaining to a Truth in Housing Ordinance. A draft Truth in Housing Code acs prepared and brought back to the City Council in December of 1990. This plan included coo~bininq the eYistinq certificate of occupancy inspection program, rental registration ordnance, and the Minneapolis Truth in Housing Codes into one nev city code call called the "Rental Registration and Truth in Sale Code". The staff took the a draft of the proposal to the cos unity to solicit input. An article ~-as rune in the local newpaper and the Southwst New carried a story requesting public co~ments. The staff also presented the draft to the Hopkins Business Council, and t`ro public castings were held. Invitations were sent to the local Realtors and to the City neighborhood association presidents inviting there comments. The current draft no longer contains the provisions of the Certificate of Occupancy inspection program or the Rental Registration program. The draft calls for a certified evaluator, carrying a current uneYpirad certificate of coadpatency card as issued by the City of Minneapolis or St. Paul. it also requires that the evaluator provide proof of general liability insurance in the minimum amount of $a50,o0o general aggregate and per occurrence. The evaluator must also carry errors and omission insurance rith a minimum liability of $x50,000 Which may include a deductible of not more than $5,000. Mayor Berg stated that he is in favor of the Ordinance and suggested that before the first reading that the neighborhood leaders, Board of Realtors, etc. bs informed of the proposed ordinance. ~ i ~ M ~ ~ r January ai, 199a Paq S VI. PUBLIC C0~$N'1'S/CONa-~~MB There Mere no public cos~ents. VII . R$PORTS - COlQ~i~i r~8/COl~ISSIONS Mayor Harq resinded the Council that the Hoard of Revs M Mill be on April aa, 199a at 7:00 o~clock p.:. 8e also resinded the Council that a vorksession Mould be held on February ~, 199a at 6:00 o~ciock p.a. before the regular Council Meetinq. VIII. AD~TOURI~!ffi1T Councila~a®ber Redepenninq coved and Cotincila~ber icritaler seconded the Motion to adjourn. The nesting adjourned by unanimous consent. Aest~actfully subMitted, ..`, Pad ~isborne, D~ •=~Z~ ~ Clerk -_, Ul~CIIi~ /' ~ / ATT ~ ST: _ - ;~ e Nelson 11. Berg, l~ayor~ v