03-16-04A regular meeting of the Hopkins City Council was held on March 16, 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 Mielke, Genellie, Stadler, Kerrigan,
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
There were none.
III. PRESENTATION
1. Metro Council Environmental Cleanup Grant, Mary Hill Smith
Mary Hill Smith presented a certificate of a grant of 5423,000 to the City for clean-up
of the former Knox site. Ms. Smith stated that over the years, the Metropolitan
Council has granted approximately 52,800,000 to the City of Hopkins for cleanup.
Ms. Smith introduced Robin Caufmann, a staff member of Metropolitan Council who
accompanied her to present the grant.
Mayor Maxwell thanked the Metropolitan Council.
2. Caring Youth Awards
Council Member Johnson announced that the Caring Youth awards were being
presented at Golden Valley City Hall at the same time that this meeting was being
held. The Caring Youth awards is a partnership between the Cities of Hopkins,
Minnetonka, Golden Valley, and the Hopkins and Minnetonka School Districts. The
organizations take turns hosting the event. Last year, the awards were presented at
Hopkins City Hall.
Sixteen awards were presented this year, three to Hopkins Students. Cole Anderson
was nominated by Gethsemane Lutheran Church; Tina Nagel was nominated by The
Church of St. Joseph; and Michael Wolf was nominated by Augustana Chapel View.
March 16, 2004 City Council Meeting Minutes Page 1
IV. REPORTS -COMMITTEES/COMMISSIONS
1. Human Rights Commission
Herb Gibbs reported that the Commission just finished the Human Rights Essay
Contest. They had 64 responses. The topic was "Brown vs. Board of Education.
The Commission is gearing up for the annual Heritage Celebration. This year the
Celebration will be separate from Mainstreet Days and Raspberry Festival. The
Heritage Celebration will be held between 1 1 th and 12th Aves on Mainstreet on June
Stn
Mr. Genellie added that members of the Heritage Celebration Committee will appear
before the Council in May with a presentation.
2. Chemical Health Commission
Bert Schmidt reported that they Depot Board had held a dance that netted enough to
cover the cost of patrols and gave them a profit.
The high school will participate in the Seatbelt Challenge in March and April.
The Minnesota Student Survey for 6th, 9th, and 12th graders started the last week in
February. Results will be out in October and ready to be presented at a town
meeting.
Chris Ochocki presented information about Teens Alone.
The Board reviewed the results of the alcohol compliance checks.
V. CONSENT AGENDA
1. Minutes of March 3, 2004 City Council Meeting
2. Minutes of July 1, 2003 City Council Work Session
3. Security System Contract, Facilities Project (CR2004-48)
4. Second Reading for Lots Less than forty Feet Wide (Memo)
5. Application for 3.2 Beer License, Hopkins Best Steak House (CR2004-045)
Council Member Rowan asked how much of the electrical costs were moved from the
Security System Contract and what the total amount of the electrical was. Mr.
Stadler responded that he would have to go through the figures to obtain that
amount. The electrical were absorbed by other budgets. Staff will put together a
memo detailing those costs.
March 16, 2004 City Council Meeting Minutes Page 2
Council Member Rowan 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 Thompson, aye; Council Member Rowan, aye; Council
Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
VI. OLD BUSINESS
1. Second Reading of Ordinance Amending Section 350, Issuance of Citations
(Memo)
The ordinance has not changed since the first reading. Mr. Genellie presented
Administrative Policy 7-F, showing the employee positions that have authority to
issue citations. The web site will detail the process and have links to both the
ordinance and policy.
Council Member Johnson moved and Council Member Rowan seconded a motion to
approve Ordinance 2004-917 for second reading and order published. A poll of the
vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye;
Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye.
The motion carried unanimously.
VII. NEW BUSINESS
1. Request to Purchase City Property, Paul Swanson (CR2004-049)
The City owns a parcel of land along the south side of Interlachen Park. Similar
parcels were declared surplus and sold to a variety of individuals. The City retains
ownership of the subject parcel. There are utilities.. under the parcel, therefore the
City has an interest in maintaining ownership or an easement for the maintenance of
these utilities.
In the 1960's, the City received a petition from Mr. A. M. Kessinich and Mr. L. 0.
Swanson to dispose of the subject parcel as well as a small parcel immediately east
of the subject parcel, The Council did declare both parcels to be surplus and
authorized the sale of the parcels; however, the subject parcel was not purchased at
that time.
The parcel directly to the west was owned by Greta Kessinich and is currently in
probate. It is assumed that the receiver of the Kessinich parcel will also have an
interest in the subject parcel in that this parcel may provide the only access to the
Kessinich parcel.
Once the parcel is declared surplus property and a value is established, the Council
will need to determine the best method of selling the property..
March 16, 2004 City Council Meeting Minutes Page 3
Council Members discussed notification of all interested parties. Council Member
• Thompson said that he knows several parties that are interested in purchasing the
adjacent lot and would have an interest in the subject parcel.
In response to questions asked, Jerry Steiner, City Attorney stated that there is no
requirement to go through a bidding process. The price can be negotiated.
The general consensus was that staff should wait until the adjacent parcel is out of
probate and is purchased, then get an appraisal of the property. The future owner of
the adjacent property would have a high interest in purchasing the subject parcel. It
would not be in the best interest of the City to land-lock the adjacent property.
Paul Swanson came forward, Mr. Swanson stated that they would be interest in
even a portion of the property. They are interested in a buffer between their property
and any development on the adjacent parcel.
Staff will keep Mr. Swanson informed of the process.
Council Member Rowan moved and Council Member Brausen seconded a motion to
direct staff to monitor the proceedings on Parcel A and when a property owner is
identified, come back to the Council with information on how parcel A can become a
buildable lot, possibly through a negotiated sale and look at alternatives for dividing
the parcel so that a minimum can be kept for parcel A and the remainder is discussed
with Mr. Swanson. A poll of the vote was as follows: Council Member Brausen, aye;
Council Member Thompson, aye; Council Member Johnson, aye; Council Member
Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously.
2. Resolution of Support, Minnehaha Creek Watershed District Planning
Program (CR2004-047)
The watershed district would like to embark on a process to revise its watershed
management plan that includes participation by city staffs, elected officials and the
general public from throughout the district. The public process would include a public
advisory committee, a technical advisory committee and a policy board to oversee
committee work and approve a final recommendation. The City of Hopkins would
appoint two citizens to attend about twelve public advisory committee meetings over
the next two years, select an elected official to sit on the policy board and provide a
staff member for the technical advisory committee. The process would produce a
revision for the watershed management plan. The potential creek improvements
would be considered for inclusion in an Army Corps of Engineers feasibility study and
potential federal funding assistance.
Michael Wyatt, Minnehaha Creek Watershed District Planner, presented the proposed
program to the City Council.
March 16, 2004 City Council Meeting Minutes Page 4
After the presentation, Mr. Wyatt answered questions. Funding for the plan will
come from the Army Corps of Engineers and the Watershed District. There will be no
cost to the City. The process will begin in June or July of this year and continue for
approximately three years. The high water level for Lake Minnetonka is determined
by the DNR, the Watershed District will be limited in the amount of flow it can allow
from Gray's Bay Dam. The group will be a visionary group as opposed to a regulatory
group.
Council Member Brausen moved and Council Member Johnson seconded a motion to
support the process and directed staff to monitor and report back when a final
resolution is prepared. A poll of the vote was as follows: Council Member Brausen,
aye; Council Member Thompson, aye; Council Member Johnson, aye; Council Member
Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously.
3. Facilities Project Update (Memo)
Dave Chase, Kraus-Anderson Construction Company appeared with Steve Stadler,
Director of Public Works to give the City Council an update on the facilities project.
The exterior door security system should be operational next week. Work on the
sunscreen architectural feature along the south side of the Public Works building
should begin in April.
Interior finish work is underway in the new fire station. The Fire Department should
be moving into the new facility in mid April.
There is a balance of 5844,679.00 in the contingency fund.
Mr. Stadler reviewed the elements of the security system contract. An agreement on
that contract will come to the Council at a future date.
No action was taken.
4. First Reading Ordinance 2004-918, Ordinance Amending Section 1200.46,
Subd. 4.b. -Hours of Operation
Last year the City Council approved an ordinance that allows bars and restaurants to
extend the legal closing time for one hour to 2:00 a.m. The Ordinance contained a
sunset clause for June 30, 2004. The new ordinance will allow the 2:00 a.m.
closings to continue, but will not change the days that bars and restaurants will
remain open until 2:00 a.m.
March 16, 2004 City Council Meeting Minutes Page 5
Chief Reid came forward and spoke in favor of the ordinance. Council Member
Rowan asked if personnel management has worked. Chief Reid answered that they
are doing their scheduling around the late closing.
Mayor Maxwell directed staff to notify license holders before the second reading.
Council Member Brausen moved and Council Member Thompson seconded a motion
to adopt Ordinance 2004-918, Ordinance Amending Section 1200.46 of the Hopkins
City Code for first reading. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Thompson, 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 Brausen moved and Council Member
Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 9:20 p.m.
Respectfully Submitted
errs Onaier, City C
ATTEST:
Eugene . M well, Mayor
C
March 16, 2004 City Council Meeting Minutes Page 6
COUNCIL MEMBERS