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10-03-00A regular meeting of the Hopkins City Council was held on October 3, 2000, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, Hesch, and Johnson. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, Anderson, Gessele and City Attorney Jeremy Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:32 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. REPORTS -COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission John Szuba reported that the Zoning and Planning Commission held a public hearing on a Conditional Use Permit for asix-foot fence for a swimming pool. The applicants insurance required the six feet and the applicants were concerned about safety. Mr. Szuba said that the plan was well thought out and well planned. The Commission had an open discussion on the proposed junk vehicle ordinance, used car lots, pawnshops. Mr. Szuba said that there were issues with the used car lots, but not with the others. Council Member Johnson asked if the ordinance requiring a conditional use permit for a fence needed to be changed. Staff answered that the CUP requirement was less stringent than the variance requirements and that is why the CUP is used. Mr. Mielke said that staff is planning to schedule a joint meeting between the Council and Zoning and Planning Commission to discuss the vehicle ordinance. IV. CONSENT AGENDA 1. Minutes of September 19, 2000, City Council Meeting 2. Minutes of September 26, 2000, City Council Work Session 3. Ratify Prior Month's Disbursements 4. Miscellaneous Licenses October 3, 2000 Regular City Council Meeting Minutes Page 1 5. Appoint Election Judges 6. De-certification of Tax Increment Financing District Parcel, District 2- 11 (CR2000-157) Council Member Hesch said that on page three, paragraph one, of the work session minutes, Minnetonka School should be Hopkins School. Council Member Jensen moved and Council Member Hesch seconded a motion to approve the Consent Agenda as amended. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. V. Pl1BLIC HEARING 1 . Alley Reconstruction Project 00-02 (CR2000-158) Jim Gessele said that on September Stn, the Council considered the proposed assessment roll for alley reconstruction in the 100 block, 17tH/18tH Ave N, and the 10 block, 7tH/8tH Ave N. A public hearing was set for October 3~d. A public hearing notice has been published and mailed with an assessment statement to the affected property owners. The total amount to be assessed is $62,347.69. Mr. Gessele said that no written objections had been received. Mayor Maxwell opened the public hearing at 7:40 p.m. No one came forward. Council Member Brausen moved and Council Member Johnson seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 7:41 p.m. Council Member Brausen moved and Council Member Johnson seconded a motion to adopt Resolution 2000-70, Resolution for Adoption of the Assessment Roll, Project 00-02, Alley Reconstruction. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Miscellaneous Assessments (CR2000-162) Mr. Gessele said that the proposed assessments in Exhibit A are for delinquent utility bills, invoices, and some parking ramp maintenance. Notices of the October 3, 2000 Regular City Council Meeting Minutes Page 2 hearing were sent to all affected parties. Those that are marked paid should not be considered. One appeal was received prior to the meeting. The appeal is from the owner of 610 13th Ave S. The owner requested an abatement of the $50.00 service charge and $33.45 penalty because he was not aware that the tenant had not paid the bill. Staff recommended that the $50.00 service charge be waived because the owner of the building never did receive the notice. The total amount certified for 610 13th Ave S should be $250.24. Mayor Maxwell opened the public hearing at 7:45 p.m. No one came forward. Council Member Johnson moved and Council Member Hesch seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 7:46 p.m. Council Member Jensen moved and Council Member Johnson seconded a motion to abate the service charge of $50.00 leaving a total amount of $250.24 to be certified to the taxes of 610 13th Ave S. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. Council Member Johnson moved and Council Member Jensen seconded a motion to adopt Resolution 2000-72, Resolution for Adoption of Assessment Roll, 2000 Miscellaneous Special Assessments as amended. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. NEW BUSINESS 1. Conditional Use Permit -Fence, 340 Burnes Dr. Nancy Anderson said that the applicants are proposing to construct a swimming pool in their back yard. The ordinance requires that pools be surrounded by a fence at least four feet high. The applicants are proposing to construct asix- foot fence around their pool on a portion of the lot where a maximum height of four-feet is allowed. A fence for a special purpose and fences differing in construction, height or length are permitted in any district by the issuance of a conditional use permit. The applicant must show that the special purpose is necessary to protect, buffer or improve the premises for which such fence is October 3, 2000 Regular City Council Meeting Minutes Page 3 intended. The applicant is concerned about safety issues with the pool. The Zoning and Planning Commission recommended approval unanimously. Council Member Jensen asked why we h?ve residents go through the conditional use process instead of giving them a fence permit. Mr. Mielke said that it might not be that simple. The ordinance does not look at single particulars and that this request was a fairly simple situation. Council Members discussed the requirements. Council Member Hesch moved and Council Member Brausen seconded a motion to adopt Resolution 2000-71, approving a conditional use permit to construct a six-foot fence. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously, 2. Conditional Use Permit Agreement, SuperValu (CR2000-160) Mr. Kerrigan said that the conditional use permit agreement and final plat are the last steps in the process. When approved, SuperValu can begin construction. Mr. Kerrigan reviewed the highlights of the agreement. Council Members discussed the internal changes and how they will affect the buffers. Sher Azizi from SuperValu said that he had nothing to add, but would answer questions. Mayor Maxwell said that all was explained very well and thanked SuperValu for working so well with staff to develop this agreement. Council Member Brausen moved and Council Member Jensen seconded a motion to approve the conditional use permit agreement to construct an addition to the perishable warehouse. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Final Plat, SuperValu (CR2000-161) Nancy Anderson said that the applicant would be combining two parcels into one. This is needed because the ordinance will not allow a property line to go through a building. The new perishable site will be constructed on the new lot. The lot meets the conditions of the subdivision ordinances, the zoning ordinances, and the comprehensive plan. October 3, 2000 Regular City Council Meeting Minutes Page 4 Council Member Hesch moved and Council Member Johnson seconded a motion to approve the final plat for the SuperValu perishable site subject to approval by Hennepin County. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Co~!nci! Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Change Order, Excelsior Blvd. Phase I Landscape Contract (CR2000- 126) Steve Stadler said that in December 1999, the Council awarded a $295,244 contract to Arteka Corporation for Excelsior Blvd landscaping. There were previous change orders, which reduced the contract amount to 5284,973. This 533,389 increase in the contract is for additional work required to plant and irrigate the medians and new work to install irrigation and sod in the southeast quadrant area of the 1 1 `h Ave intersection. Mr. Stadler said that the increase is fair and reasonable for the work performed. Council Member Johnson moved and Council Member Brausen seconded a motion to approve Excelsior Boulevard Landscape Contract change order in the amount of 533,389. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 5. First Reading of Ordinance 2000-847, Administrative Citation Process (CR2000-166) Jim Genellie said that when a property owner refused to voluntarily abate a nuisance, the City currently uses either a criminal citation procedure or a nuisance abatement process to compel property owners to resolve nuisances. Both tend to be time consuming and expensive. Other cities use administrative citations as an alternative method of enforcing city ordinances. Violators are issued administrative citations. They may pay the fine or request a hearing. The hearing is held before a hearing officer. Council Member Johnson asked for the process to be explained and when the hearing will take place. Mr. Genellie reviewed the process. Council Members discussed what would happen if the citation was ignored, the maximum penalty, the time line, who the hearing officers will be and how their fees will be paid. Mr. Mielke said that staff would provide options to deal with the time frame between the issuance of citations and the scheduling of the hearings before the second reading. October 3, 2000 Regular City Council Meeting Minutes Page 5 Council Member Jensen moved and Council Member Hesch seconded a motion to adopt Ordinance 2000-847 for first reading. A poll of the vote was as follows: Counci! Member Brausen, aye; Council Member Jensen, aye; Counci! Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 6. Adopt the State Food Code (CR2000-163) Terry Obermaier said that last year the State of Minnesota adopted a new health statute that the City must enforce. Hennepin County, along with other cities that do health inspections, formed a task force to amend the statute by adding more restrictive elements. The State of Minnesota gave their approval to do so. The reason for the higher standards is that most of the jurisdictions involved have been enforcing the higher standards for several years. Ms. Obermaier said that other legislation passed in 2000 will no longer allow two agencies to license and inspect grocery stores and convenience stores. That legislation also said that the Department of Agriculture must delegate the inspections and licensing to local agencies. Ms. Obermaier said that staff is recommending that home child care that is exempt be defined to those that serve ten children and ,under and that employee coffee shops not be exempt. Mayor Maxwell asked if the State would continue to inspect. Ms. Obermaier answered that they would not, but will assist the City in performing certain tests. Council Member Hesch moved and Council Member Brausen seconded a motion to adopt Ordinance 2000-848 for first reading and direct staff to write a letter of intention for a delegation agreement with the Minnesota Department of Agriculture. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 7. Adopt New Fees for Licenses inspected by the Health Department (2000-164) Terry Obermaier said that last year, the City adopted a new fee schedule for licenses that are inspected by the Health Inspector. The fees were based on the amount of time that is required for the inspection. Staff said that they would review the schedule after the first year and see if adjustments were needed for October 3, 2000 Regular City Council Meeting Minutes Page 6 2001. Ms Obermaier reviewed the cost of the program and shortages. Staff suggested a 10% across the board increase. Council Member Brausen moved and Council Member Jensen seconded a motion to adopt Resolution 2000-73, Resolution Adopting New Fees for Licenses that are Inspected by the Health Department. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. ADJOURNMENT There being no further business, Council Member Hesch moved and Council Member Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:25 p.m. Respectively Submitted, Terry O~maier, City Clerk ATTEST: /~ Eug e J. axwell, Mayor October 3, 2000 Regular City Council Meeting Minutes Page 7 COUNCIL MEMBERS