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09-21-04A regular meeting of the Hopkins City Council was held on September 21, 2004, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Thompson, Johnson, and Rowan. Also, present were staff members Genellie, Stadler, Kerrigan, Anderson, and City Attorney Jerry Steiner. 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. REPORTS -COMMITTEES/COMMISSIONS 1. Chemical Health Commission Bert Schmitt, chair of the Chemical Health Commission reported that at their meeting they discussed the use of alcohol by teens. Over 1 1,000 students are involved in sports. There is no significant difference in the use of alcohol and tobacco between athletes and non-athletes. The Hopkins School District has already had some drug use suspensions. Reduce the Use program will be looking at the Minnesota survey that will be done in November. A Town Hall Meeting is scheduled for February 15, 2005. Reduce the Use in conjunction with the West Suburban Mental Health Clinic was awarded a 550,000 grant for counseling at risk students. The Commission discussed the web site and asked to make changes to the mission statement and the Commission's goals. IV. CONSENT AGENDA 1. Minutes of September 7, 2004, City Council Meeting 2. Appoint Citizen Representatives to Minnehaha Creek Watershed District Public Advisory Committee (CR2004-158) 3. Approve Winter Use Permit for Regional Trail Segments (CR2004-140) 4. Approve Engineer Services Agreement, Lot 800 Reconstruction (CR2004- 157) 5. Second Reading of Ordinance 2004-931, Amending Section 703 of the City Code, Deferred Assessments (Memo) 6. Approve Wine and Strong~Beer License for Camille's Sidewalk Cafe (CR2004-153) 7. Second Reading of Ordinance 2004-932, Allowing Sculptures in the B- 2 Zoning District (Memo) September 21, 2004 City Council Meeting Minutes Page 1 Mayor Maxwell asked the owner of Camille's Sidewalk Cafe to come forward and introduce himself. Lenny Newman came forward and stated that he has been in the restaurant business for about fifteen years with the past eight years being in the local market. Camille's in a new franchise that serves fresh prepared food such as sandwiches, wraps, and soups. The Mayor welcomed Mr. Newman and Camille's to Hopkins. Steve Stadler commented on item two, appointment of citizen representative to the Minnehaha Creek Watershed District. In March, the Council supported a Minnehaha Creek Watershed District partnership to provide guidance and recommendations on policy development, technical issues and public involvement and create a common vision and implementation for the Minnehaha Creek corridor. The process would include a citizen advisory committee, a technical advisory committee and a policy board. City staff solicited volunteers through a notice in the Highlights. Two residents responded. The two appointees are Yvette Christianson and Suzi Rotering. Mayor Maxwell asked to have item seven removed from the consent agenda to be voted on separately. Council Member Rowan moved and Council Member Thompson seconded a motion to approve items one through six of the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. Council Member Johnson moved and Council Member Thompson seconded a motion to approve item seven of the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, nay. The motion carried. VI. OLD BUSINESS 1. Site Plan Review, Parker Office Building The Nine Mile Cove residents have petitioned for a discretionary Environmental Assessment Worksheet (EAW) for the project. There is also an issue with the City sanitary sewer at that location. Staff recommended a continuance. Jim Kerrigan reviewed the Environmental Quality Boards regulations and is recommending that Nine Mile Cove residents and Jim Parker, the applicant, both submit additional information substantiating the need or the reasons for exemption of the EAW; that the information be received by October 4, 2004, and that a discussion be held at the City Council Work Session on October 12, 2004; and that September 21, 2004 City Council Meeting Minutes Page 2 the item be continued to the October 19th meeting for a decision on ordering the EAW. Mr. Kerrigan stated that there needs to be evidence that the project has the potential for significant environmental damage. No action can be taken until October 19th. At that time, the Council will determine if there is enough evidence to require the EAW. The Council, staff and City Attorney discussed the process. Bruce Aamoth, 855 Nine Mile Cove, came forward and asked if there has been any statement done. Staff responded that there has not. Jerry Steiner, City Attorney, stated that the law did not require one on a project this size. Jim Parker, applicant, came forward. Mr. Parker stated that he has not attempted to rush the process and that he felt that he has done several things to make him a good neighbor. The costs of an assessment and impact statement are very high. There are no indications that an impact statement is necessary. He felt that what is being requested is a pretty heavy requirement for the size of the project and for the very small amount of flood plain that would be affected. His project would have less encroachment into wetlands than the Nine Mile Cove Project had. Council Member Thompson moved and Council Member Johnson seconded a motion to adopt Resolution 2004-77. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. CUP Parker Office Building (CR2004-143) See above. 3. Approve Construction Cooperative Agreement, Hopkins Crossroad/Minnetonka Blvd Intersection Project (CR2004-159) This item was first considered on September 7, 2004. The item was continued because the Council wanted language included in the agreement regarding the conditions upon which the final design plans were approved. The conditions were included in the resolution approving the final design plans but are not included in the cooperative agreement. Hennepin County has requested that the agreement not be revised, but that the City accept a letter from the County Engineer committing the County to the Hopkins' conditions of approval. The proposed construction cooperative agreement sets the cost participation and maintenance responsibility between the three parties, Hennepin County and the Cities of Hopkins and Minnetonka. . Council Member Rowan moved and Council Member Brausen seconded a motion to authorize the Mayor and City Manager to sign Hennepin County Agreement #PW 19- September 21, 2004 City Council Meeting Minutes Page 3 01-04, an agreement setting conditions of city cost participation and maintenance regarding the Hopkins Crossroads/Minnetonka Boulevard intersection improvement projects. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. NEW BUSINESS 1. Approve Blake School Settlement (CR2004-142) When Excelsior Blvd. was reconstructed, the County took a little less than an acre of property from the Blake School. As compensation for the County property taking and to avoid condemnation proceedings, the Blake School has requested title to the 105-foot strip of City-owned property along the south end of the school. The City has agreed to the property transfer provided all public uses of the land are protected by perpetual easements in favor of the City. A notice of the proposed land transfer and the September 13th public meeting was mailed to all area Hopkins residents. Staff has not received any objections to the property transfer. The City Attorney reviewed the sales agreement with the Council. The City would be responsible for 50% of the Blake property taking in conjunction with the Excelsior Blvd. project. This transfer will cost the City the City Attorney's fee for time spent and the time spent by staff. The action requires afour-fifths vote by the Council. The City will be transferring title, but retaining current easements. All that is there currently will remain. Blake School will have the ability to move the trail. The City will retain a conservation easement. The City will not transfer the property until the taking issue with Hennepin County is settled. The Blake School is waiving any claims against the City for any contamination. The City will have no liability for any contamination. Council Members and the City Attorney discussed the language of Exhibit B. Council Members felt that an expansion of the campus could change the look and feel of the trail under the current language. Margaret Jadin, Director of Business and Finance at Blake School, came forward and stated that at this time, the school has no intention of using the property to the south. They have the opportunity of acquiring the land and they are taking advantage of that opportunity. There are no expansion plans. Council Members further discussed the possibility that the trail could be moved and the natural condition could be lost. ' September 21, 2004 City Council Meeting Minutes Page 4 Council Members discussed the insurance requirements for the property. City Attorney Jerry Steiner stated that with the easements, the City would still be liable and needed to continue insurance coverage. The Council discussed making changes to the agreement. They instructed the City Attorney to add language that would require that the existing landscape be duplicated if the trail is moved or shifted. The changes that were requested were to state that the exceptions to the conservation easement in the event of expansion to the south would be limited to the area corresponding to extending the east/west lines where the expansion occurs across the trail and only what is necessary for the expansion; and in the event of relocation of the trail, they could be required to restore any vegetation or trees that were damaged as a result of the relocation. Bob Anthony, 301 Griffit Street, said that he lives across the street from the trail. He is an Edina resident, but would still would have liked to have been notified of the public meeting. He would not like to see the land transferred. Karen Lundholm, 309 Arthur Street, stated that she too is an Edina resident and also would have liked to have been notified. Ms. Lundholm asked if there is a limit as to how far the trail could be moved. Jerry Steiner answered that not in feet or distance. Ms. Lundholm said that the land to the south, in Edina is approximately 220 feet that could be expanded into and wanted to know how far south the trail could be moved. Staff responded that it could only be moved as far a necessary. Council Member Johnson moved and Council Member Brausen seconded a motion to approve a purchase agreement between the City of Hopkins and The Blake School transferring title to certain City-owned real property described therein subject to the modifications that were discussed. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Approve City Manager Position Profile (CR2004-156) Jim Brimeyer has met with City Council members, staff, boards and commission members, and other individuals to solicit information about the type of person the City should hire as a City Manager. The profile also contains information about the community and organization. Jim Brimeyer, search consultant, reviewed the profile with the Council. Council Members discussed the profile and requested several changes. Council Members discussed the schedule for the process. The Candidates will tour the facilities on Friday, December 10`h in the afternoon. September 21, 2004 City Council Meeting Minutes Page 5 Council Member Brausen moved and Council Member Rowan seconded a motion to approve the City Manager Position Profile as amended. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Moratorium on Auto Sales Lots (CR2004-154) The moratorium will allow staff to review the current regulations for auto sales lots for possible new regulations. Currently auto sales lots are allowed in the B-3 zoning district with a conditional use permit. There have been concerns in the past and recently regarding the number of auto sale lots and the conditions regulating the lots. Council Members discussed the term of the moratorium. Staff answered that one year is typical. If a new ordinance was passed prior to the end of that term, the moratorium would not last the full year. Ms. Anderson stated that new legislation makes it more difficult to extend moratoriums. Jerry Steiner, City Attorney, requested that the word "new" be removed in several areas to clarify that the ordinance is addressing any type of auto lot, not just new vehicle lots. Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Ordinance 2004-933, placing an interim ordinance regulating automobile sales and/or lease lots within the B-3 zoning district for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Moratorium on Sculptures in B-2 Zoning District (CR2004-155) City staff was directed to prepare an interim ordinance placing a moratorium on new sculptures and decorative landscaping in the B-2 zoning district. The moratorium will be in effect for one year or until a new ordinance is passed. Council Member Brausen stated that some of the people that served on the Design Standards Task Force are interested in helping with this ordinance. Council Member Brausen moved and Council Member Thompson seconded a motion to adopt Ordinance 2004-934, placing an interim ordinance regulating sculptures and decorative landscaping in the B-2 zoning district for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; September 21, 2004 City Council Meeting Minutes Page 6 Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 5. Approve 2004/2005 Police Officers Contract (CR2004-152) The contract calls fora 2.25% wage increase effective January 1, 2004, a .75% wage increase effective June 27, 2004, and a 2.0% wage increase effective January 1, 2005. The City's contribution for insurance will be 555.00 for all categories except single. There will be no increase for employees with single coverage. Council Member Johnson moved and Council Member Rowan seconded a motion to approve the 2004/2005 Contract for the Police Officer's Union. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. ADJOURNMENT There being no further business, Council Member Thompson moved and Council Member Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:35 p.m. Respe tfully S fitted, TerrN rmaier, City Clerk ATTEST: Euge e J axwell, Mayor September 21, 2004 City Council Meeting Minutes Page 7 COUNCIL MEMBERS