01-21-03A regular meeting of the Hopkins City Council was held on January 21, 2003, in
the Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Brausen, Jensen, Johnson, and
Rowan. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, J.
Anderson, N. Anderson, 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
There were none.
III. PRESENTATION
Ron Hedberg presented a Distinguished Budget Award and Certificate of
Achievement in Financial Reporting. Lori Yager, Financial Director, accepted the
award. The awards represent significant achievement by the City of Hopkins. It
reflects the commitment of the governing body and staff to meeting the highest
principles of governmental budgeting and financial reporting.
IV. REPORTS -COMMITTEES/COMMISSIONS
There were none.
V. CONSENT AGENDA
1 . Minutes of January 7, 2003, City Council Meeting
2. Minutes of January 14, 2003, City Council Work Session
3. Second Reading Moratorium, Ordinance on Currency Exchange
Businesses (Memo)
4. Second Reading Moratorium, Wireless Telecom Facilities (Memo)
5~ Authorize Final Payment Central Park Storm Sewer Project (CR2003-01 5)
Council Member Brausen moved and Council Member Jensen 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 Rowan, aye; Council
Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
VI. OLD BUSINESS
1 . Setback Variance, 254 - 20`h Ave N -Phone Equipment (CR2003-006)
Nancy Anderson presented the background on this issue. Nothing has changed
since the December meeting. Larry Coleman, Qwest Wireless, spoke in favor of
January 21, 2003 City Council Meeting Minutes Page 1
granting the variance. Without the variance, the equipment would block the
resident's sidewalk. He also asked to be kept informed about the moratorium.
Council Member Jensen asked if the variance met the requirements for a hardship.
Jerre Miller, City Attorney, said that it did as stated in the staff report. Council
Member Johnson asked whether the granting of this variance would set a
precedent if the City wanted to prevent this type of installation in a future
ordinance. Jerre Miller answered that it would not.
Mr. Coleman stated that if the variance is not granted, Qwest would seek to place
the equipment in the right-of-way, Mr. Mielke said that while this permit is issued
by the Public Works Director, staff would seek Council input and approval on any
conditions.
Council Member Johnson moved and Council Member Brausen seconded a motion
to adopt Resolution 2003-1 1 1 denying the variance. A poll of the vote was as
follows: Council Member Brausen, aye; Council Member Jensen, aye; Council
Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The
motion carried unanimously.
VII. NEW BUSINESS
1 . Approve Final Design and Order Bids, 5th Ave Reconstruction (CR2003-
013)
At the August 20' 2002, City Council meeting, a public hearing was held
concerning street and utility improvements on 5th Ave from 3rd St S to State Hwy 7
and 2"d St N from 5th Ave N to 6th Ave N. The City Council allowed the project to
proceed with the preparation of plans and specifications. Balton & Menk has
prepared final plans for approval.
Steve Stadler and Marcus Thomas reviewed the final plan of improvements for Stn
Ave. The section between 3rd St S and Excelsior Blvd will be reconstructed due to
grade changes brought about by the railroad crossing reconstruction.
The section between 15t St N and 2nd St N was originally proposed to be thirty-six
feet. The State Aid Office has reviewed the plan and notified the City on January
17th that this block must be thirty-eight feet wide in order to keep parking on both
sides. The proposal is now to narrow the boulevard on both sides by one foot.
The cost of the widening and curb replacement will not be assessed, but rather will
be paid by state aid dollars.
Council Member Rowan asked whether this decision was arbitrary and, if not, was
this decision unexpected? Mr. Stadler answered that thirty-eight feet is standard,
however staff hoped that because this block was not a complete reconstruct, state
aid would allow the narrower street. Mr. Stadler pointed out that the proposed
width will be identical to the section of 5th Ave between 2nd St N and Minnetonka
Mills Rd.
January 21, 2003 City Council Meeting Minutes Page 2
Council Member Johnson asked whether the neighborhood could be informed. Mr.
Stadler replied that there will be continuing communication with the neighborhood,
but that a letter will be sent out shortly detailing the final design. Council Member
Brausen asked why, if bump outs have a traffic calming effect, are they only
proposed on the north side of the 2"d St N intersection? Mr. Stadler answered that
this is the main pedestrian crossing for 5th Ave; and that while there is some traffic
calming effect when using bump outs, there are also maintenance and drainage
considerations that argue against using them.
Third Street South, to Excelsior Blvd. will be phased, in order to keep traffic lanes
open. Only Southbound traffic will be allowed during this reconstruction. When
the Mainstreet to 2"d Ave N is reconstructed, 5t" Ave will be closed with traffic
routing along Minnetonka Mills, Washington, and Mainstreet.
Corey Lepper, 137 - 5th Ave N, expressed concerns about widening the road.
Residents should be given the opportunity to talk about the widening of the road.
He also said that the stop sign issue has not been addressed. Mr. Lepper said that
parking should be encouraged with striping.
Mr. Stadler said that staff had looked at the stop sign that was requested. Stop
signs may cause noise and accelerated traffic in areas away from the stop signs.
Stop signs were not recommended.
He also emphasized that language is in the resolution that creates a plan and
history of why the project was designed.
Council Member Brausen moved and Council Member Rowan seconded a motion to
adopt Resolution 2003-005, Resolution Approving Plans and Specifications, 2003
Street and Utility Improvements, City Project 02-10, and Authorizing
Advertisement for bids with the addition of a new Section E that would
acknowledge the receipt of a petition from residents requesting a stop sign and
state why a stop was not recommended. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Jensen, aye; Council Member
Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion
carried unanimously.
2. Approve Change Order for Excelsior Boulevard Engineering Services
(CR2003-01 6)
In June 2001 City Council approved an engineering services agreement with Bolton
& Menk for Excelsior Blvd at a cost of $265,770. The City Council also approved
an agreement to design the streetscape/landscape for Excelsior Blvd. The cost of
the landscape/streetscape design service was $36,700. During the course of
completing the intersection design, staff requested additional services. They
included the work needed for real estate acquisition, expanded water system
design and new design work required after the Medica SuperValu North Annex
January 21, 2003 City Council Meeting Minutes Page 3
redevelopment plan was cancelled. Bolton and Menk is requesting X55,513 in fees
beyond the $71,047 that staff is recommending the City pay. Staff believed that
the additional $55,513 is the result of Hennepin County actions during the design
and would like the opportunity to negotiate with the County for payment of that
amount. The overall project costs are still $500,000 under budget.
Council Member Johnson moved and Council Member Brausen seconded a motion
to approve engineering services change order in the amount of $71,047 for
additional engineering services performed by Bolton &Menk, Inc. related to the
Excelsior Boulevard Reconstruction, Phase II improvement project. A poll of the
vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye;
Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye.
The motion carried unanimously.
3. Fourth Quarter Financial Report
Lori Yager, Director of Finance, presented a financial review of the 2002 fourth
quarter. A comprehensive end of year report will be presented at a later date.
No action was taken.
4. First Reading, Junk Car Ordinance (CR2003-010)
Section 1325.01 is being amended to clarify the definition of "Junk Car". The
proposed language expands the definition.
Section 1325.03 sets the time that various vehicles, including junk cars can be
parked on public or private property. A two-hour time limit is difficult to enforce.
The time limit is being extended to twenty-four hours.
Council Member Rowan asked a question about cars on blocks. Would a vehicle
that was otherwise not a junk car be considered a junk vehicle just because it was
on blocks. Mr. Genellie said that the new ordinance as proposed would make any
car up on blocks a junk vehicle unless the vehicle was in an enclosed building or
otherwise covered.
Council Member moved Jensen and Council Member Rowan seconded a motion to
adopt Ordinance 2003-893 for first reading. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Jensen, aye; Council Member
Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion
carried unanimously.
5. First Reading, Fireworks Licensing Ordinance (CR2003-01 1)
The new ordinance requires a license to sell fireworks; regulates the amount of
fireworks that can be displayed or stored; allows the sale of fireworks from a
permanent building in a commercial district; requires that a license not be issued to
January 21, 2003 City Council Meeting Minutes Page 4
a location that have residential areas; limits the number of licenses that will be
issued to multiple commercial buildings; requires two code compliant exits in
buildings where fireworks are sold; and requires compliance of the building and fire
codes in buildings where sold. Staff is proposing a fee of 5200.00 per year.
Council Member Rowan moved and Council Member Brausen seconded a motion to
adopt Ordinance 2003-894 for first reading. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Jensen, aye; Council Member
Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion
carried unanimously.
Mayor Maxwell asked if there was other business to be brought to the Council.
Council Members discussed a closed meeting to discuss strategy for labor
negotiations.
Council Member Brausen moved and Council Member Jensen seconded a motion to
approve a closed meeting to discuss strategy for labor negotiations to be held on
Tuesday, February 4, 2003 at 6:30 p.m. in the City Council chambers. A poll of
the vote was as follows: Council Member Brausen, aye; Council Member Jensen,
aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell,
aye. The motion carried unanimously.
VIII. ADJOURNMENT
There being no further business, Council Member Jensen moved and Council
Member Johnson seconded a motion to adjourn the meeting. The meeting was
adjourned by unanimous consent.
Respectively Su fitted,
Terry 0 rmaier, City Clerk
ATTEST:
Eug ne .Maxwell, Mayor
January 21, 2003 City Council Meeting Minutes Page 5
COUNCIL MEMBERS