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05-21-91---~ t,, A regular meeting of the Hopkins City Council was held on May 21, 1991 in the City Council Chambers of Hopkins City Hall. Present were Mayor Berg, Councilmembers Anderson, Shirley, Kritzler and Redepenning. Also present were staff members Mielke, Genellie, Harmening, Gustafson, Gessele, Kerrigan and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Berg called the meeting to order at 8:45 p.m. II. PRESENTATION Fire Chief David Klocek presented Douglas Dyrland, Hopkins Firefighter of the Year. III. CONSENT AGENDA 1. APPROVAL OF THE MAY 7, 1991 REGULAR MEETING MINUTES 2. APPROVAL OF THE MAY 14, 1991 WORKSESSION MEETING MINUTES 3. APPROVAL OF DISBURSEMENTS, PRELIST 862 4. APPROVAL OF MISCELLANEOUS LICENSES 5. ADOPT RESOLUTION N0. 91-61 - EXTENSION TO APPROVE PRELIMINARY DESIGN PLANS FOR SOUTHWEST LRT CORRIDOR 6. APPROVE TIF LOAN - MAINSTREET PROJECT 7. APPROVE 1991 SERGEANTS CONTRACT 8. APPROVE BID - CENTRAL PARK HOCKEY RINK 9. APPROVE BID FOR CENTRAL PARK TURF IRRIGATION SYSTEM 10. ADOPT RESOLUTION NO. 91-70 MAINSTREET VARIANCE - HOLD HARMLES S CLAUSE ' Councilmember Anderson had a question regarding Item 10. City Manager Mielke informed the Council that a hold harmless agreement was a standard requirement whenever there was a variance from state aid street standards. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to approve the consent agenda. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. ;. MAY 21, 1991 COUNCIL MEETING PAGE 2 IV. PUBLIC HEARING (a) ADOPT RESOLUTION GIVING FINAL APPROVAL - AUBURN REVENUE BONDS Staff recommended adoption of the following motion: Approve Resolution No. 91-68 authorizing the -sale and issuance of $5,195,000.00 Minnesota Multi-family Revenue Refunding Bonds (Auburn Apartments Project) Series 1991 and the execution of the necessary documents. With this action the City Council would be approving the final resolution necessary to facilitate the sale of bonds for this project. Councilmember Shirley had a question regarding the number of low and moderate income units available. Stefanie N. Galey, Attorney for Holmes & Graven, informed the Council that the project was required to have at least 20% of the units available at all times for low and moderate income renters. Councilmember Anderson moved and Councilmember Shirley seconded the motion to adopt Resolution No. 91-68. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. (b) SPECIAL ASSESSMENTS - MAINSTREET AMENITIES AND STREET PROJECT Dick Koppy, RLK Associates, Ltd., discussed several issues which needed to be addressed by the Council. The issues included: 1. Parking at the NAPA property at 1842 Mainstreet. RLK recommendation would remove the current parking on the west side of the NAPA building at replace it with 4 on street parking places. 2. Sprinkler systems. RLK recommended that Mainstreet building owners be given the option to install sprinkler systems in their buildings during the reconstruction. The cost of the sprinkler systems would be assessed in the same manner as the reconstruction costs. MAY 21, 1991 COUNCIL MEETING PAGE 3 3. Shared sanitary sewer at 921 Mainstreet. Currently two buildings share the same sanitary sewer. RLK and city staff are working with the owners t o resolve any differences. The owners have been informed that separate services will be installed if differences cannot be resolved. 4. 1909 Mainstreet. The owner of this building does not want new utility services installed since the intention is to eventually demolish the building. The intention to replace the services, if~necessary, unless some sort of redevelopment takes place prior to construction reaching this address. 5. Segment 4 assessments. There has been some objection to having the cost of the Segment 4 reconstruction assessed in 1991 since the actual work will likely not take place until 1992. Staff recommended that since Segments 3 and 4 were part of a single project that they should be assessed at this time. The public hearing on the Mainstreet assessments, which was continued at the May 14 meeting, was reopened at 9:27 p.m. Bob Miller appeared and made three points: 1) that he supported the sprinkler proposals; 2) that building rehabs should be aggressively promoted during the project; and 3) that the cost of the entire project should be assessed throughout the CBD and not just to the Mainstreet businesses. Mr. Swanson, of NAPA auto, appeared to object to the recommendation which would eliminate the parking on the west side of his building. He stated that he was willing to accept diagonal parking and surmountable curbs. Hearing no more discussion, Councilmember Redepenning moved and Councilmember Shirley seconded a motion to close the public hearing at 9:52 p.m. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. At this point the Council took up the assessment appeals for Segments 3 and 4. The f first appeal concerned the property at 802 Mainstreet. The owner appealed the assessment based upon the fact that the property was vacant and does not generate income. e s MAY 21, 1991 COUNCIL MEETING PAGE 4 Councilmember Anderson moved and Councilmember Redepenning seconded the motion to deny the appeal. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. The second appeal dealt with Midnite Market. Mr. Maxwell, owner of Midnite Market, requested a revision of the assessment based upon the fact that his property does not directly abut Mainstreet. Staff recommended against the appeal because Mr. Maxwell's property would directly benefit from the project because of a driveway that abuts Mainstreet. After considerable discussion Councilmember Anderson moved and Councilmember Kritzler seconded the motion to grant the appeal. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Nay; Councilmember Kritzler, Aye; Councilmember Redepenning, Nay; Mayor Berg, Nay. The motion failed. Councilmember Shirley moved and Councilmember Redepenning seconded a motion to assess the actual cost of the driveway apron. A poll of the vote was as follows: Councilmember Anderson, Nay; Councilmember Shirley, Aye; Councilmember Kritzler, Nay; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried. Dick Koppy was instructed at this point to come up with an actual dollar figure for this work. The owner of the property at 1419-1421 Mainstreet appealed the assessment on the basis that the amount levied was unfair and that the value of the property could not sustain such a levy. Councilmember Shirley moved and Councilmember Redepenning seconded a motion to deny the appeal. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. MAY 21, 1991 COUNCIL MEETING PAGE 5 The owner of the property at 1714 Mainstreet requested a deferral based upon the fact that the Segment 4 construction would likely not~take place until 1992. At this point the Council took up the issue of assessing the cost of the Segment 4 construction at this time. Attorney Miller recommended a uniform assessment for the entire project, Segment 4 as well as Segment 3. Councilmember Kritzler moved and Councilmember Redepenning seconded the motion to assess the entire project as proposed by staf f and RLK . A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to deny the appeal from 1714 Mainstreet. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. The owner of the property at 1715 Mainstreet requested a revision of the assessment by reason that $460.39 was levied against the property in 1991 for sidewalk construction. Staff informed the council that the $460.39 was for the removal of trash and debris. Councilmember Redepenning moved and Councilmember Anderson seconded the motion to deny the appeal. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. The owner of the property at 1719 Mainstreet requested a deferral based upon the fact that the Segment 4 construction would likely not take place until 1992. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to deny the appeal from 1719 Mainstreet. ~~ MAY 21, 1991 COUNCIL MEETING PAGE 6 A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. The owner of the property at 1842 Mainstreet, the NAPA building, requested revision of the assessment by reason that the lack of amenities in Segment 4 rendered the assessment too high. He also objected to the curb and gutter reconstruction on 19th since it would eliminate the parking on the west side of his building. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to deny the appeal from 1842 Mainstreet. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. Councilmember Anderson moved and Councilmember Redepenning seconded a motion to instruct staff to study angle parking on the west side of the NAPA building. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. The Council now took up the issue of allowing the costs of sprinkler systems to be assessed in the same manner as the Mainstreet construction costs. Councilmember Shirley moved and Councilmember Redepenning seconded a motion to make 15 year financing available for Levels 1-3 of sprinkler installation when done in conjunction with the Mainstreet project. The $200,000 limit on sprinkler installations would also be waived. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. Dick Koppy came forward at this time with a cost of $871.22 for the construction of a.driveway for Midnite Market. Councilmember Anderson moved and Councilmember Redepenning seconded a motion to assess $871.22 to the property on 6th Avenue South. MAY 21, 1991 COUNCIL MEETING PAGE 7 A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. Councilmember Kritzler moved and Councilmember Anderson seconded the motion to adopt Resolution #91-66 with the amendment of the dates when assessments may be paid without interest. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. V. OLD BUSINESS (a) NON-DOMESTICATED ANIMAL ORDINANCE - FIRST READING Staff recommended that the Council approve the following motion: Move that the Hopkins City Council approve Ordinance No. 91-679 for f first reading. This action would begin the process of establishing Section 940 in the Hopkins City Code which would prohibit the keeping of non-domesticated animals as pets within the City including wild animals which are currently kept as pets in the City. Joe Miller, owner of the cougar, appeared before the Council and stated that the cougar was well taken care of and no more dangerous than a large dog. Pete Bergerson testified that dogs cause more injuries than wild animals. He suggested that the city certify animal owners as to their fitness. Marian Olson, of Suburban Feed and Supply, testified that the cougar was often in their store and was always well behaved. Councilmember Anderson moved and Councilmember Kritzler seconded the motion to approve Ordinance No. 91-679 for first reading. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. MAY 21, 1991 COUNCIL MEETING PAGE 8 VI. NEW BUSINESS (a) CONSIDER ACTION LANDFILL PROJECT CHANGE ORDER CONSTRUCTION a Staff recommended adoption of the following motion: Move that Council authorize Change Order No. 2 and Work Change Directive No.~ 5 as they concerned the 7th Street South Landfill Gas Remediation, Project 90-18. Mr. Gessele explained the and bidding stage of the determined to be 888.0. Intertec advised that new site make it necessary to an elevation of 884.0. need for the change. At the design project, the bottom elevation was Following the bid stage Braun data concerning groundwater at the lower the bottom of the barrier to Councilmember Shirley moved and Councilmember Anderson seconded the motion to authorize Change Order No. 2 and Work Change Directive No. 5. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. VII. PUBLIC COMMENTS/CONCERNS There were no public comments. VIII. REPORTS - COMMITTEES/COMMISSIONS City Manager Mielke reminded the Council of the upcoming AMM meeting. IX. ADJOURNMENT Councilmember Anderson moved and Councilmember Redepenning seconded the motion to adjourn. The meeting adjourned by unanimous consent. :~ MAY 21, 1991 COUNCIL MEETING PAGE 9 Respectfully submitted, Jame Genellie, ity Clerk ATTEST: son W. Berg; Mayor