07-02-02A regular meeting of the Hopkins City Council was held on July 2, 2002, in the
Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Brausen, Jensen, and Johnson.
Council Member Rowan was absent. Also, present were staff members Mielke,
Genellie, Stadler, Yager, Reid, Beckering, and City Attorney Jerre Miller.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:30 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
Tricia Carlson and Jack Buss, 305/307 12th Ave N, brought up concerns about dog
urine odors that come from the neighbor's property. Ordinances address feces but
not urine odor. They requested that the issue be addressed in the animal and/or
nuisance ordinances.
Mayor Maxwell responded that Staff would research the problem and possibly bring
the item to a work session.
Steve Gardner, Plymouth, raised concerns about the mature trees that will be cut
down for the Regency development. Mr. Gardner also asked when the middle of
the night train whistles would be stopped.
III. OATH OF OFFICE
Chief Reid introduced Patrick Michael Kenyon as the new Police Officer. Chief
Reid said that Police Officers gain their authority through the oath of office. After
Officer Kenyon was sworn, his wife, Alana pinned his badge.
IV. REPORTS -COMMITTEES/COMMISSIONS
1. Zoning and Planning Commission
Mary Hatcher reported that the Zoning and Planning Commission held their regular
meeting on June 25th. The Commission looked at plans for Metro Water Condition
to build on two vacant lots. The lots will need to be combined before a building
can be built on it. The Commission recommended approval of the final plat. The
applicant: wiil also need a Conditional Use Permit. The Commission discussed a
concern about the turning radius in the back of the building. Trucks will have to
back into the building and there is concern that there will not be enough room to
turn into the building. The Commission added the condition that a traffic
consultant reviews the plans before the item is taken to the City Council. The
July 2, 2002, City Council Meeting Minutes Page 1
Commission would recommend approval if the traffic Consultant finds no problems
with the turning radius. If problems with the turning radius were evident, the
Commission would recommend denial of the CUP.
The Commission also reviewed the rezoning of the B-1 area along highway 169 to
Business Park. The two businesses that are currently in that area will be left as B-
1.
V. CONSENT AGENDA
1 . Minutes of June 18, 2002 City Council Meeting
2. Minutes of June 25, 2002 City Council Work Session
3. Ratify Prior Month's Disbursements
4. Approve City Contribution to LMC-NPDES Phase II Implementation
(CR2002-1 12)
5. Award 2002 Seal Coat Project (CR2002-1 1 1)
Council Member Johnson 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 Johnson,
aye; Mayor Maxwell, aye. The motion carried unanimously.
VI. PUBLIC HEARING
1. ~/lodification of Redevelopment Plan for Redevelopment Project #1
(CR2002-1 10)
The City/HRA is proposing a construction project to address space needs of the
Police Department, Fire Department and Public Works Department at the Public
Works site, Pavilion site, and the parking lot between the Public Works building and
Katherine Curren School. The project will be funded through an HRA-issued lease
revenue bond. The financing requires that the property on which the
redevelopment is being done is located within a redevelopment project area.
Presently, Redevelopment Area No. 1 includes a large portion of the City, but does
not include the property on which the Community Facilities Project will be
undertaken. This action would modify the existing Project Area No. 1 to include
those areas.
Lori Yager, Finance Director, gave a presentation of the project and reviewed the
proposed financing of the project. Craig Reid, Police Chief, reviewed the space
study that identified the need for the new facilities. Steve Stadler, Public Works
Director presented a site plan of the project.
July 2, 2002, City Council Meeting Minutes Page 2
Steve Mielke, City Manager, indicated that a representative from the School District
was in attendance. Mr. Mielke said that the City has been working closely with the
School District and that the District has been supportive of the project. The
District has offered funds to help with construction costs.
Don Beckering, Fire Chief, stated that the issues for the Fire Department are safety
and OSHA compliance. The building is not vented for diesel fuel. Fumes from
diesel fuel are corrosive and a health risk.
Mayor Maxwell opened the public hearing at 8:17 p.m.
Ed Silberg, 460 5th Ave N, said that he is a member of a couple of groups of tennis
players that utilize the eight tennis courts that will be taken down. The courts are
lighted and are used four to five nights a week. They would like to see the courts
rebuilt with lights.
Mayor Maxwell suggested that the request be brought to the Park Board and to the
Hopkins Minnetonka Recreation Board.
Council Member Brausen moved and Council Member Jensen seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at
8:23 p.m.
The consensus of the Council is that the facilities are needed. The current facilities
that will be replaced were built in the late 1930's. Hopkins has changed and
grown since that time. Standards have changed. The current facilities do not meet
standards. The City has out grown them.
Council Member Johnson moved and Council Member Brausen seconded a motion
to adopt Resolution 2002-64, approving modification of redevelopment plan for
Redevelopment Project No. 1 . A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor
Maxwell, aye. The motion carried unanimously.
VII. NEW BUSINESS
1 . Approve Construction Cooperative Agreement, Excelsior Blvd
Reconstruction (CR2002-116)
Final construction cost estimates for Excelsior Blvd are completed. Hennepin
County has prepared a construction agreement for City consideration. The
agreement allocates costs of construction items and real estate acquisition
between the City of Hopkins and Hennepin County. The City must approve the
agreement before the County can award the project. Mr. Stadler reviewed the
July 2, 2002, City Council Meeting Minutes Page 3
major cost items. Mr. Stadler said that there is one area in which agreement has
not been reached. There are some areas of remnant parcels that the County
believes have real value. The County would like to deed the land to Hopkins and
be reimbursed for one-half of the cost. Some parcels will be deeded to Blake
School as mitigation. Mr. Stadler said that the plans have been in place all along to
use the land as a buffer area between the street and the residential neighborhood.
This is beneficial to both the City and the County, and that the County should not
be reimbursed unless the land is actually used for other purposes. Mr. Stadler said
that restrictions should be placed on the four parcels adjacent to Blake School that
the County would offer the school. The restrictions would be in place to prevent
any future school use that is incompatible with the adjacent residential-zoned area
or contrary to the Excelsior Boulevard landscaping/streetscaping theme.
Bruce Polaczyk, Hennepin County, answered that this has been a very difficult
project and that the City and County have worked very well together. The one
disagreement is the remnant parcels. The County feels an obligation to their
taxpayers to recover the cost of the land because it has real value. This is the way
they have drafted their contracts with other jurisdictions in this situation.
Guy Nowlan and Brad Moe, Hennepin County, agreed with Mr. Polaczyk.
Council questioned Hennepin County representatives, asking if resolution is not
reached tonight on these issues, could the County still go forward with bidding the
project. Mr. Polaczyk answered that the County would. All felt confident that the
issues could be resolved.
Council Member Brausen moved and Council Member Jensen seconded a motion to
approve proposed construction cooperative agreement no. PW 19-27-02, with
exceptions as described by staff, between the City of Hopkins and Hennepin
County for construction and maintenance related to Excelsior Blvd Improvements,
Phase II. A poll of the vote was as follows: Council Member Brausen, aye; Council
Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The
motion carried unanimously.
2. Approve Easement Purchases, Excelsior Blvd Phase II Project (CR2002-
118)
In January 2002, the City Council authorized acquisition of required right of way
and easements for the Excelsior Blvd, Phase II project. Compensation has been
determined based on County and City Assessor data. These acquisitions are
required for the construction of the new Excelsior Blvd/Milwaukee St/Jackson Ave
intersection. Evergreen Land services will negotiate the settlements. If agreement
cannot be reached, the property would have to be acquired through the
condemnation process. Hennepin County will complete all other acquisitions for
July 2, 2002, City Council Meeting Minutes Page 4
the project. Mr. Stadler reviewed the properties. Not all acquisitions are on this
list. They will be brought to a later meeting. Matt Storm, Evergreen Land
Services, came forward to answer questions.
Council Member Jensen moved and Council Member Johnson seconded a motion
to approve compensation amounts, as presented by staff, for acquisition of
temporary and permanent easements required for the Excelsior Boulevard
Reconstruction, Phase II project. A poll of the vote was as follows: Council
Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson,
aye; Mayor Maxwell, aye. The motion carried unanimously.
3. Approve Engineering Services Change Order, Lake Street Bridge Project
(CR2002-1 17)
In 1999, the City Council approved a $91,500 engineering services agreement with
SRF Consulting Group for design and construction services regarding Lake Street
Bridge. Staff has negotiated an agreement with SRF to compensate them for
construction services provided to the City that were beyond the scope of their
original fee proposal. The additional costs were due to project scope change during
design development, one-year project delay, sanitary sewer forcemain break, and
substantial revisions to utility replacement work during construction.
Staff is working with the City Attorney to collect cost of delay from Qwest. They
are also pursuing action against the contractor's insurance for the sanitary sewer
break.
Council Member Johnson moved and Council Member Brausen seconded a motion
to approve additional engineering services fees in the amount of $35,362 for
construction services provided by SRF Consulting Group on the Lake Street Bridge
reconstruction project. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor
Maxwell, aye. The motion carried unanimously.
4. Approve 2002 Dispatcher°s Contract (CR2002-76)
The contract calls fora 2% wage increase, effective January 1, 2002 and a 3%
wage increase effective on June 30, 2002. Benefits are increased to match those
of the Police Officers. The proposed settlement is approximately $2,500 more
than was budgeted. The higher wage increase was necessary to keep Hopkins
competitive with other cities that have dispatchers.
Council Member Brausen moved and Council Member Jensen seconded a motion to
approve the 2002 Contract for the Dispatcher's Union. A poll of the vote was as
July 2, 2002, City Council Meeting Minutes Page 5
follows: Council Member Brausen, aye; Council Member Jensen, aye; Council
Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
VIII. ADJOURNMENT
There being no further business, Council Member Brausen moved and Council
Member Johnson seconded a motion to adjourn the meeting. The meeting was
adjourned by unanimous consent at 9:38 p.m.
Respectively Subm
erry Of~~`naier, City Clerk
ATTEST:
Euge ~e'J. axwell, Mayor `
July 2, 2002, City Council Meeting Minutes Page 6