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08-19-03A regular meeting of the Hopkins City Council' was held on August 19, 2003, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Johnson, and Rowan. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, J. Anderson, N. Anderson, Yager, and City Attorney Jerre Miller. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:30 p.m. ll. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. PRESENTATION Mayor Maxwell announced that a proclamation had been prepared recognizing the work of four employees from Public Works who were retiring. Jim Beauchene, Dave Kok, Willie Meadows, and Robert Westling have together over 1 10 years of experience with the City. The proclamation will be presented to these employees at a ceremony on August 28. IV. CONSENT AGENDA 1 . Minutes of August 6, 2003 City Council Meeting 2. Minutes of August 12, 2003 City Council Work Session 3. Second reading, approve Ordinance 2003-907, accessory structures industrial districts 4. Second reading, Ordinance 2003-908 changing closing time Council Member Brausen moved and Council Member Rowan seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. . 4 V. "OLD BUSINESS 1 . Approve gambling policy amendment; (CR2003-120) When the Hopkins Youth Hockey Association applied for a premises permit, it became apparent that the current City policy on Lawful Gambling contained language that is unclear and open to various interpretations. August 19. 2003 City Council Meeting Minutes Page 1 The City Attorney reviewed the current policy, language and made suggestions for revisions. The Council met on July 22 to discuss the language changes and accepted input from charitable organizations and local businesses that lease space for lawful gambling. Mayor Maxwell said that he wanted organizations to annually attest that their office was in Hopkins. Mr. Genellie said that the current policy allowed the City to request additional information from organizations. Council Member Brausen asked about an annual report of lawful expenditures. Council Member Johnson said that such reports are available from the State. Council Member Johnson said that she had called the state gambling commission and was told that the City could require organizations that conduct gambling in leased premises to contribute 10% of their net profits to a fund set up by the City. She suggested that such a fund could help support the Raspberry Festival. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Resolution 2003-069 revising Legislative Policy 4-A, Lawful Gambling with the addition of Section 2.15 establishing a "10%" fund. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. NEW BUSINESS 1 . EDCO variance; (CR2003-1 15) The applicant, EDCO, is requesting a variance to construct a 39,755-square-foot addition to the existing building at 900 2nd St N.E. The addition would be located on the south side of the building abutting the Hennepin County Regional Railroad Authority (HCRRA) property. In order to make the addition workable, EDCO is proposing to expand the addition one to three feet from the south lot line. The required setback is 20 feet. Council Member Rowan asked if the HCRRA had approved this action. City Attorney Steiner said that the attorneys had signed off on it. Mr. Stahmer said it would be in front of the HCRRA at their September 2 meeting. Mayor Maxwell asked if the new addition would interfere with a future light rail line. Staff said that the building itself would not impact any proposed LRT line. Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Resolution 03-66, approving of a variance to construct an addition to the existing building at 900 2nd St N.E. A poll of the vote was as follows: Council August 19, 2003 City Council Meeting Minutes Page 2 Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. EDCO CUP; (CR2003-1 16) The applicant, EDCO, is proposing to construct a 39,755-square-foot addition to the existing building at 900 2nd St N.E. Projects of this type require a Conditional Use Permit (CUP.) The Council asked who would maintain the fire lane. Staff said that maintenance would be the responsibility of EDCO. Council Member Rowan asked if the Watershed district had approved the drainage plan. EDCO's architect, Alan I<impell, said that they had received approval from the District. Mayor Maxwell asked whether the relocation of the power polls would affect any other businesses. Mr. I<impell thought that it would not. Council Member Johnson said that some sort of signage and/or striping was needed to prevent trail users from parking on or blocking the fire lane. This was added as a condition to the CUP. Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 03-67 approving a conditional use permit to construct an addition to the existing building at 900 2nd St N.E. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. EDCO CUP Agreement; (CR2003-124) Staff recommended that the Council authorize the execution of a Conditional Use Permit (CUP) Agreement with EDCO in conjunction with a conditional use permit for the expansion of EDCO's building at 900 2nd~St N.E. The execution of a CUP Agreement would be a condition of approval for the Conditional Use Permit as indicated in Council Report 2003-1 1 6. In addition to the general conditions placed on the project by the City, the CUP Agreement passes on to EDCO all of the responsibilities accepted by the City as~part of the Easement Agreement with the HCRRA. The Easement Agreement (Council Report 2003-123) details the responsibilities of the City with regard to constructing and maintaining an emergency access road on the HCRRA right-of-way adjacent to the EDCO property, which is necessary for emergency vehicle access after the building is expanded, The agreement also required EDCO to indemnify the City for any costs incurred in securing or maintaining the easement. August 19. 2003 City Council Meeting Minutes Page 3 Council Member Rowan asked what kind of costs there might be that would have to be indemnified. Mr. Steiner said that CUP is standard but the easement agreement is different. The HCRRA would only enter into the easement agreement with the City, not with EDCO. Any costs imposed by the HCRRA would have to be paid by the City. The City, therefore, wanted to make sure that EDCO would reimburse the City. Council Member Johnson moved and Council Member Brausen seconded a motion to authorize the execution of the Conditional Use Permit Agreement between EDCO and the City of Hopkins as it relates to the issuance of a conditional use permit to construct an addition to the existing building at 900 2nd St N.E. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Easement agreement with HCRRA (re: EDCO project); (CR2003-123) Under the Easement Agreement, HCRRA would grant a permanent, non-exclusive easement to the City for the purposes of constructing and maintaining an emergency access road on the HCRRA right-of-way adjacent to the EDCO property. The easement is necessary to provide 20 foot wide emergency vehicle access drive for the EDCO property if the company is to expand the building to the south lot line. HCRRA staff has agreed to grant this easement contingent upon the final approval of their Board. The responsibilities of the City with regard to the Easement Agreement will be passed on to EDCO as part of the Conditional Use Permit Agreement. Mayor Maxwell asked who had insurance on the easement. Mr. Steiner said that EDCO hould maintain insurance coverage. Council Member Brausen moved and Council Member Johnson seconded a motion to authorize the execution of the Easement Agreement between the HCRRA and the City of Hopkins for emergency vehicle access and drainage purposes related to the EDCO expansion project. Approval would be conditioned upon EDCO agreeing to amend the CUP agreement adding a requirement for proof of insurance covering the easement. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Raspberry Festival Carnival; (CR2003-125) Staff received a request from the Raspberry Festival on August 13 to review the possibility of the Raspberry Festival placing a carnival on the St. Joseph's parking lot for the 2004 Raspberry Festival. The carnival also wants to extend on to 12th Avenue. August 19. 2003 City Council Meeting Minutes Page 4 Jim Mashek, representing the Festival, urged the Council to approve a carnival in the St. Joseph's parking lot. He said the carnival owners, Murphy Brothers, put on a very professional show and provided their own security and clean-up. After considerable discussion, the City Council decided that it needed more information about the following items: • notification of residential and commercial neighbors • hours • noise • security • clean-up • insurance • set up and tear down • written approval from the American Legion • meet with the Police Department to address its concerns. Council Member Johnson moved and Council Member Brausen seconded a motion to continue this item until the September 2"d meeting. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 5. Adopt resolution of support, City of Edina Trail Grant Application; (CR2002- 126) The City of Edina is submitting an application for federal funding to construct an off- road pedestrian/bicycle trail that includes a segment paralleling Blake Road within the City of Hopkins. They have asked that the City of Hopkins support their application with a City Council resolution. At this time there is no trail design, only the proposed trail route. The federal funding, if approved, would be for the year 2007. The proposed trail conforms to the City of Hopkins trail master plan which includes a future trail along the west side of Blake Road. Resolution 2003-071 states that the- City of Hopkins is committed to the future operation and maintenance of the portion of the trail within the city limits. The resolution also states that City of Hopkins support is conditional on city approval of the design plans and that on-street parking is not affected by a new trail. Mayor Maxwell asked if the grant would pay for the Hopkins part of the trail. Mr. Stadler said that it would. The City of Hopkins would then be responsible for maintenance. Council Member Brausen said that he supported the idea but pointed out that before any trail was ever built in Hopkins, the City Council would have to approve it and the neighbors would have an opportunity to comment on the trail. August 19. 2003 City Council Meeting Minutes Page 5 Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Resolution 2003-071, resolution supporting a City of Edina application for federal funds to construct a pedestrian trail along Interlachen Boulevard and Blake Road. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 6. Adopt Equipment Replacement Plan; (CR2003-121) The equipment replacement plan is a detailed summary of the next five years of a twenty-year replacement schedule, for most equipment of the City of Hopkins. General and Special Revenue fund equipment items are placed in the Equipment Replacement Fund budget which derives its revenues from service charges to the General and Special Revenue funds, equipment sales and interest earnings. After forecasting the future equipment needs of the general and special revenue funds and taking into consideration the loss of state, aids in the general fund, it has been determined that the service charges to the general and special revenue funds will decrease in 2003 and have an incremental increase of 2% over the new lower base into the future. This incremental increase will occur over the next five years until 2009. These increases are needed to sustain the equipment fund into the future. Council Member Brausen said that he wanted more information about the large _. equipment that the Fire Department owns. He wanted to make sure that safety was not being compromised through extending the life of existing equipment. Council Member Rowan asked if the extensive review of each piece of equipment that happened this year, happens every year. Mr. Miellce said that each year, before a piece of equipment is replaced it is reviewed as to whether it actually needs to be replaced that year. What was different this year was a complete review of the long term replacement schedule. Staff made recommendations for extending the replacement schedule for equipment that is not due for replacement in 2004. Council Member Brausen moved and Council Member Johnson seconded a motion to adopt the 2004-2023 Equipment Replacement Plan. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 7. Adopt Capita! Improvements Plan; (CR2003-122) The Capital Improvements Plan is a planning document intended to help the City anticipate major capital items and to consider the financial impact of proceeding with those planned improvements. Discussions have been held with the Park Board and Planning Commission, as well as the City Council, in detailing proposed and necessary August 19. 2003 City Council Meeting Minutes ~ Page 6 improvements. Finance Director, Lori Yager, went over the highlights of the plan, concentrating on 2004 projects. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt the 2004-2008 Capital Improvements Plan. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 8. Facilities project update; (Presentation) Steve Stadler gave a report on the status of the Facilities project. VII. ADJOURNMENT There being no further business, Council Member Brausen moved and Council Member Rowan seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:55 p.m. ant City Manager ATTEST: Eug n J. Maxwell, Mayor August 19. 2003 City Council Meeting Minutes Page 7 Respectively Submitted, COUNCIL MEMBERS