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06-06-00A regular meeting of the Hopkins City Council was held on June 6, 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, Gessele, Reid, Anderson and City Attorney Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:34 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Steve Gardner, 44 - 5t" Ave S, Asked the Council if an ordinance could be passed regulating the whistle blowing that the trains do, especially in the middle of the night. Mr. Gardner said that he has been speaking with the City Manager for around two years about this. He mentioned that Coon Rapids is in a pilot program where scissor arms and medians have been installed at intersections, eliminating the need to blow whistles. He also mentioned that Plymouth has an ordinance that regulates whistle blowing. Mr. Mielke said that railroads are regulated by the Federal Railroad Association (FRA) and that there is very little that the City can do unless the railroad is willing to go with the City to the FRA to request City regulation authority. Mr. Mielke also said that Plymouth and Coon Rapids are dealing with a different railroad company. The cost of intersection improvements is very high and Mr. Mielke said that he cannot imagine that TC&W will assume that expense when whistle blowing carries no cost. TC&W has indicated that if they do not blow the whistle and there is an accident, they are liable. Council Member Jensen asked staff if they can find out what measures Plymouth has taken to regulate whistle blowing. III. REPORTS -COMMITTEES/COMMISSIONS 1. Chemical Health Commission Maureen Allen, Chemical Health Commission Co-chair, said that they have been awarded S 100,000 per year for three years from the tobacco settlement to use for the "Reduce the Use" program. The Commission is trying to arrange a joint meeting with the Plymouth Chemical Health Commission this fall. They have received $3,600 for compliance checks this year. The Commission has approached the local AI-anon and Ala-teens for support in. the "Reduce the Use" program, and that the organizations would like to become involved in the program. Hennepin County will be doing surveys on local alcohol use. Also, Hennepin County is putting together a database on the compliance checks results to be shared with the municipalities. Police Chiefs from Hopkins and surrounding cities signed a letter that was sent to the parents of children in the Hopkins School district warning them of the dangers of drinking and pointing out the parents responsibilities. The letter was sent just before June 6, 2000 City Council Meeting Minutes Page 1 prom. The youth representative, Kelly, will be graduating from high school and will find a replacement. 2. Zoning and Planning Commission Randy Engel said that the at the Zoning and Planning meeting they discussed SuperValu issues; those being a vacation for 6th St S, a height variance and a conditional use permit on their expansion. The item was continued until next month. They also discussed the rezoning from I-2 to Business Park and approved that. Three parking changes were discussed and approved. IV. CONSENT AGENDA 1 . Minutes of May 16, 2000 Regular City Council Meeting 2. Minutes of May 23, 2000 Work Session 3. Ratification of Prior Month's Disbursements 4. Miscellaneous License Applications 5. Award Bid, Seal Coat Project (CR2000-94) 6. Order Public Hearing for Charter Amendment, Ordinance 2000-840 (CR2000-89) 7. Order Public Hearing for Charter Amendment, Ordinance 2000-843 (CR2000-90) 8. Approve Grower's Market Agreement (CR2000-91) 9. Authorize Publication of Notice of Intent to Franchise (CR2000-88) 10. Approve Reduction of Time Warner Bond Requirement (CR2000-95) 1 1 . Approve Engineering Services Design Agreement for Lot 700B (CR2000- 97) 12. Approve Temporary 3.2 Beer Licenses for Hopkins Jaycees, Raspberry Festival (2000-100) 13. City Manager Compensation (CR2000-98) Mayor Maxwell asked Jim Genellie to give an overview of items six, seven and nine so that the public would have the information on those items. Mr. Genellie briefly reviewed those items and explained the processes. Council Member Hesch moved and Council Member Brausen seconded a motion to approve the Consent Agenda. 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. OATH OF OFFICE Maureen Allen, Bruce Rowan, Jay Thompson were sworn to office on the Zoning and Planning Commission. June 6, 2000 City Council Meeting Minutes Page 2 VI PUBLIC HEARING 1. Use of 1999 Local Law Enforcement Block Grant Funds (CR2000-84) Chief Reid said that the Bureau of Justice Assistance offered funding during 1999 to law enforcement agencies to underwrite projects to reduce crime and improve public safety through the Local Law Enforcement Block Grant Program. The City of Hopkins did not apply in 1999, but was notified in early 2000 that Hopkins was eligible and was asked to file a late application. The preliminary amount that was approved is $12,657. The Department recommends that the funds be used to purchase a FREDDIE unit, to be used for aid in computer investigations, replace a PC and purchase furniture for computer stations. The Advisory Board has concurred with the proposed use. The City is required to provide $1,406 in matching funds. The department will apply to the Crime Fund for the matching funds so as not to affect the budget. Mayor Maxwell opened the public hearing at 8:08 p.m. No one came forward. Council Member Johnson moved and Council Member Jensen seconded the motion to close the public hearing. The public hearing was closed by unanimous consent at 8:09 p.m. Council Member Brausen moved and Council Member Jensen seconded a motion to approve the recommended use of funds for the 1999 Local Law Enforcement Block Grant towards the purchase of computer equipment. 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. OLD BUSINESS 1. Approve Parking Changes, Central Business District (CR2000-99) Nancy Anderson said that the parking changes were proposed for safety reasons. The proposed changes were: 1) post no parking signs on the east side of 1 1 th Ave N from Mainstreet to 1St St N; 2) closing off eight parking stalls along the east side of 12th Ave S from 1St St S to approximately 200 feet north; and, 3) to remove the posted two-hour restrictions along the west side of Jackson Ave N from St. Louis St tot"d St NE. Ms. Anderson said that the Zoning and Planning Commission has reviewed the changes and supports them with no comments. The Parking Committee has recommended the changes along Jackson Ave N. Ms. Anderson said that she did not know if any of the affected businesses were notified. Council Member Brausen said that he had spoken with some of the business June 6, 2000 City Council Meeting Minutes Page 3 owners and felt that there should be some discussion with them before the parking places were eliminated. Council Member Jensen asked if there was a way that the accesses on 1 1 t" Ave into Lot 500 could be made one-way accesses. Steve Mielke said that he recommended that the Council pass the 12t" Ave S "No Parking" restriction, because the residents there have requested that. Mayor Maxwell asked if the "no parking" along 12t" Ave could be for certain hours as opposed to all of the time. Council Member Johnson asked if the safety issue is a perception that staff has or if there are statistics the show a higher accident rate along 1 1 t" Ave. Council Member Brausen said that he could not agree with the loss of parking on 1 1 t" or 12t" Aves. Council discussed the value of parking and the consequences of losing parking. Council Member Johnson moved and Council Member Hesch seconded a motion to authorize parking changes as found in Exhibit C as it pertains to Jackson Ave N. 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. VIII. NEW BUSINESS 1 . Hop-A-Ride Update (CR2000-92) Nancy Anderson said that at the time of the budget review, staff recommended the elimination of Friday service because the hours on Friday would exceed the budget. The City Council asked staff to review the budget and the service after a few months and to explore other avenues of additional funding. Ms. Anderson said that the City has received and additional 55,000 from Met Council and has applied fora $5,000 grant from Health System Minnesota. The status of that application is not known at this time. The service is within budget at this time. No Action was taken. June 6, 2000 City Council Meeting Minutes Page 4 2. Rezone North Annex to Business Park (CR2000-96) Nancy Anderson said that the North Annex site of the SuperValu is currently zoned I- 2, General Industrial. The new Comprehensive Plan has designated the site as Business Park. The Zoning and Planning Commission approved the rezoning. Council Member Hesch moved and Council Member Jensen seconded a motion to adopt Resolution 00-37, approving Ordinance 00-844, rezoning the North Annex site from I-2, General Industrial, to Business Park for first reading. 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. First Reading, Miscellaneous Zoning Amendments (CR2000-92) Nancy Anderson said that the changes were to correct inconsistencies or clarify areas or to update the ordinance. The Zoning and Planning Commission recommended approval. No one appeared at the public hearing. The changes are as follows: 1) Clarify the Park Dedication fee on various plats, replats and subdivision of land; 2) increased the types of uses that the funds can be used for; 3) Defines antique shops, automatic teller machines, copy shop, livable space, theater multiples, video rental store, governmental agency action, and development agreement; 4) disallows warehousing on Mainstreet; 5) allows time and temperature signs on a pylons or monuments. Council Member Johnson moved and Council Member Hesch seconded a motion to adopt Resolution 00-36, approving Ordinance 00-841, making amendments to the zoning ordinance. 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. 4. Award Bid, 3`d St N Sanitary Sewer- Rehab Jim Gessele said that since November 1999, staff has been working with Howard R. Green Company in developing plans for sanitary sewer upgrades in 3`d St N from 1 1 to - 14t'' Aves. It was learned that the eight-inch sanitary main in 3`d St N could become surcharged in wet weather. It was concluded that the best way to increase the main size was through a trench less pipe bursting method. The low bid was received from Infrastructure Technologies at 594, 988.20. This cost plus the engineering fees totals 5104,000. This exceeds the CIP budget figure of 570,000. The project will be funded through the Sanitary Sewer fund. Council Member Johnson asked about the sump pump inspections and asked if Mr. Stadler could give the Council an update on the project. Mr. Stadler said that he was June 6, 2000 City Council Meeting Minutes Page 5 not prepared to do so at this time, but that a full report along with a change order request is scheduled for June 20tH Council Member Jensen asked if that report and request could be discussed at a work session. Council Member Brausen moved and Council Member Hesch seconded a motion to adopt Resolution 2000-38, Resolution for Award of Bid, 3~d St N Sanitary Sewer Rehabilitation, Project 99-12. 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. VIII. ADJOURNMENT Council Member Brausen said that he did aride-a-long with the police on Friday night. Mr. Brausen thanked the department for the experience. There being no further business, Council Member Johnson moved and Council Jensen Member seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:50 p.m. Respectively Submitted, Terry O aier, City Clerk ATTEST: Eug e J. axwell, Mayor June 6, 2000 City Council Meeting Minutes Page 6