04-06-00A regular meeting of the Hopkins City Council was held on March 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, Elverum,
Vogtman, Yager, and City Attorney Jerre Miller.
CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:31 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
There were none.
III. REPORTS -COMMITTEES/COMMISSIONS
1 . Zoning and Planning Commission
Randy Engel reported for the Zoning and Planning Commission. The issues discussed
were Zion Lutheran's CUP, a sign variance for Citizens Bank on Excelsior Boulevard
and County Road 3 and the Rezoning for Institutional uses in R-1 zoning districts.
The Commission approved the CUP for Zion and the variance for Citizens Bank. The
Commission decided to schedule a public hearing on March 28th to consider an
ordinance that would require rezoning institutional uses in the R-1 districts and require
a CUP for the removal of single family homes.
Mayor Maxwell asked how the affected property owners will be notified. Mr. Mielke
said that notices will be sent out to all those property owners.
IV. OATH OF OFFICE
Mr. Mielke introduced the new Chief of Police, Craig Reid. Chief Reid gave the oath
of office.
V. CONSENT AGENDA
1 . February 15, 2000 Regular City Council Meeting Minutes
2. February 15, 2000 Work Session Minutes
3. February 22, 2000 Work Session Minutes
4. February 29, 2000 Work Session Minutes
5. Ratification of Prior Month's Disbursements
6. Approve Miscellaneous License Applications
7. Encroachment Agreement, Johnson Matthey, 16th Ave S (CR2000-34)
8. Transfer Budget to 2000 for Police Records Management System (CR2000-
41)
March 6, 2000 City Council Meeting Minutes Page 1
9. Approve Joint Powers Agreement, Hennepin County Regional Park
District/Hopkins (CR2000-37)
10. 91 1 Equipment Upgrade Budget Adjustment (CR2000-31)
1 1 . Add City of Minneapolis to Fire Mutual Aid Agreement (CR2000-33)
Council Member Johnson said that in item six, the name of the licensee should be
changed to Day.
Council Member Johnson moved and Council Member Jensen seconded a motion to
approve the Consent Agenda. A poll of the vote was as follows: Council Member
Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor
Maxwell, aye. The motion carried unanimously.
VI. PUBLIC HEARING
1 . Approve CDBG Year 2000 Program
Kersten Elverum said that Hopkins will receive a total of $148,875. The CDBG funds
may be used to support a wide range of housing and community development
activities. Ms. Elverum reviewed the objectives and guidelines of the program. Staff
recommended that 5143,875 be allocated for the Housing Rehabilitation Loan and
Grant Program and that 55,000 be allocated for the Community Action for Suburban
Hennepin.
Steve Mielke asked if funds could be reallocated throughout the year. Ms. Elverum
said that they could do so at any time.
Mayor Maxwell opened the public hearing at 7:45 p.m.
Win Grandstrand from CASH appeared to thank the Council for the donation to CASH
and asked if there were any questions about his organization.
Council Member Hesch moved and Council Member Jensen seconded a motion to
close the public hearing. The public hearing was closed at 7:47 p.m.
Council Member Hesch moved and Council Member Jensen seconded a motion to
adopt resolution 2000-15, approving the proposed program for the 2000 Urban
Hennepin County Community Development Block grant (CDBG) Program and
authorizing its submittal to Hennepin County. 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.
March 6, 2000 City Council Meeting Minutes Page 2
VII. OLD BUSINESS
1. Approve Concept Design, CSAH 73 and Highway 7 (CR2000-40)
Steve Stadler reviewed the history of the project and brought Council up to date on
feedback from effected property owners. Mr. Stadler said that this is a concept
design only and that there is still a lot of work to be done on the project. The City
Council will still have to approve the preliminary layout, final design and a
construction cost cooperative agreement. Approval of this concept design will guide
staff as they work with MnDOT, Hennepin County, and any redevelopment agents for
the northeast quadrant area. Mr. Stadler reviewed the scope of the proposed
improvements and the project status.
Council discussed transport parking along 17th, asking if we can restrict the time of
day that the cars are unloaded. They also asked about the closing of access from
Highway 7 to the service road north of highway 7, the route to the Hopkins House,
and the right-turn-on-red sign on Highway 7.
Clarence Strachota came forward and asked if his property would be affected. Mr.
Stadler said there would be no impact south of the trail.
Council Member Jensen moved and Council Member Johnson seconded a motion to
approve concept road improvement plans for the CSAH 73/Hwy 7-intersection area
including 17th Ave N from 4th St N to 5th St 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 . Second Reading, Alcohol and Tobacco in Parks Ordinance (Memo)
Ray Vogtman said that the Council approved the first reading at the October 5, 1999
City Council Meeting. At their December 14, 1999 Work Session, the City Council
discussed concerns about signs enforcement and impacts to residents and directed
staff to work with the Hopkins-Minnetonka Recreation Department to find a way to
allow softball teams to request and receive a permit for the entire season for the use
of alcohol at Central Park. A form has been developed and is ready for use. Softball
teams have been notified of the changes. Mr. Vogtman said that requiring a permit
for all user groups at Central Park, including softball teams would make for a more
consistent policy and be easier to enforce. The wording on the use of tobacco
products at Maetzold Field have been deleted from the amendment.
Council discussed the way liquor use would be enforced in the parks, if and how the
softball teams would be notified, and the cost of the permit. Mr. Mielke asked if
Central Park could be designated as a separate park with no restrictions on alcohol
March 6, 2000 City Council Meeting Minutes Page 3
use. Mr. Vogtman felt that it would make the restrictions on alcohol use in other
parks difficult to enforce.
Council discussed the posting of "smoking discouraged" signs in Maetzold park and
asked that City Staff follow up with hand-outs for parents of the kids that would be
involved in games at the park.
Council discussed other means of notification of the changes to the park ordinance.
Council Member Hesch moved and Council Member Jensen seconded a motion to
approve Ordinance 99-832 for second reading and order its publication with the
condition that the situation be reviewed in one year. 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, nay. The
motion carried.
2. Skate park Agreement (CR2000-30)
Ray Vogtman said that the skate park facility was previously discussed by the
Council. Staff has been working with the Park Board and the Hopkins Jaycees on
funding. The equipment purchase is necessary at this time to allow for a June 15,
2000 opening. The Hopkins Jaycees are prepared for a total dollar commitment on
the facility of $135,000, however the Jaycees have already verbally committed funds
for this summer. Rather than delay or eliminate other projects, the Hopkins Jaycees
have requested that a portion of the project be financed through TruRide, Inc. and a
portion of the project be funded by the City. TruRide, Inc. has agreed to this, but is
asking that the City agree to guarantee the Hopkins Jaycees loan of 548,000. The
Jaycees have also requested that the City fund the 535,000 needed to pave, fence,
and initially prepare the site at this time. The Jaycees will then reimburse the monies
to the City at a later date. Mr. Vogtman said that the funds will be taken from the
Park Dedication Fund.
Council Members discussed the loan guarantee for the Jaycees. Mr. Vogtman said
that the equipment is valued at approximately 590;000 and that the equipment will
be signed over to the City immediately after installation. The equipment would serve
as collateral for the loan guarantee in the event that the Jaycees default.
Council Member Jensen moved and Council Member Johnson seconded a motion to
approve an agreement between TruRide, Inc., the Hopkins Jaycees and the City of
Hopkins for financing of the purchase, delivery and installation of skate park
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.
March 6, 2000 City Council Meeting Minutes Page 4
3. Authorize the Sale of Bonds for Water Fund (CR2000-38)
Lori Yager reviewed the authority of the City to issue revenue bonds. Ms. Yager said
that the amount of the new bond issue is $2,060,000 and will pay for the repainting
of the Moline water tower, reconstruction and repair of the water treatment facility at
Elmo Park, repainting of the Blake water tower, and purchasing of radio read water
meters over the next three years. The current water rate will probably need to be
increased by $.10 per 1 ,000 gallons in 2004, 2008, and possibly 2012 to maintain
operating expenses and pay for principal and interest on the bonds. Ms. Yager said
that this is the first time the Water fund has found a need to issue bonds and that the
infrastructure for the city°s water distribution is ageing and is at the root of the
bonding needs. Rusty Fifield of Ellers and Associates appeared to describe the issue
and said that they are moving more quickly than in the past because interest rates are
moving up.
Council Member Jensen moved and Council Member Johnson seconded a motion to
adopt Resolution 2000-17, authorizing the sale of General Obligation Revenue Bonds
for Water Fund projects. 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. Approve Contractor Change Order, 2"d St N Storm Sewer (CR2000-35)
Steve Stadler said that when the alley was reconstructed the parking lot at Beth
Shalom Synagogue was altered to accommodate the grade change in the alley, but
that Beth Shalom was not happy with the alteration. The lot was regraded to be
closer to the grade of the alley. Also, an apron coming off the alley needed to be
reconstructed, because the grade was too severe.
Council Member Johnson moved and Council Member Jensen seconded a motion to
approve Change Order 2 as it pertains to contract work on the 2"d St. N storm sewer
project, Project 98-16. 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. Set Public Hearing, Acquisition of Time Warner Cable by AOL Time Warner
(CR2000-32)
Jim Genellie said that in January, America Online, Inc. (AOL) and Time Warner, Inc.
(TW) announced a merger in which both TW and AOL will become wholly-owned
subsidiaries of a new holding company called AOL Time Warner, Inc. Hopkins is
served by KBL Cable Systems of the Southwest, Inc., a subsidiary of TW. The
proposed merger requires approval under our franchise agreement and Minnesota
State Law. Mr. Genellie said that the public hearing is not required, but may be a
time for getting information about cable service in Hopkins and how it will be
affected.
March 6, 2000 City Council Meeting Minutes Page 5
Council Member Hesch moved and Council Member Jensen seconded a motion to
order a public hearing on April 4, 2000 to consider the proposed transfer of control of
KBL Cable Systems of the Southwest by virtue of the proposed merger between Time
Warner, Inc. and America Online, Inc. to determine whether the proposed transfer of
control may have an adverse affect on cable television subscribers. 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
There being no further business, Council Member Jensen moved and Council Member
Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 9:14 p.m.
ATTEST:
G
Eugene J. axwell, Mayor
March 6, 2000 City Council Meeting Minutes Page 6
COUNCIL MEMBERS