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04-15-2008A regular meeting of the Hopkins City Council was held on April 15, 2008, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Youakim, and Halverson. Also, present were staff members Getschow, Genellie, Harkess, Stadler, Elverum, Specken, Bradford, and City Attorney Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:40 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Matthew McNeil, 520 5t" Ave S, requested that the Council consider an ordinance controlling cats. III. OATH OF OFFICE 1 . Liz Dorn, Charter Commission; Jannina Aristy, Charter Commission The City Clerk administered the oath of office to Liz Dorn and Jannina Aristy, new members of the Charter Commission. IV. REPORTS -COMMITTEES/COMMISSIONS 1 . Park Board Doug Datta reported that the Park Board did a final review of the parks and trails in the Comprehensive Plan; that Mr. Stadler is in the process of obtaining costs estimates of playground equipment for the ERP; Mr. Stadler presented the Wilder Study; and the Board reviewed preliminary drawings of proposed field four at Central Park. V. CONSENT AGENDA 1 . Minutes of April 1, 2008 City Council Meeting 2. Minutes of April 1, 2008 City Council Work Session 3. Minutes of April 8, 2008 City Council Work Session 4. Approve Second Reading of Ordinance 2008-998, Regarding Water Systems (CR2008-040 5. Approve Second Reading of Ordinance 2008-997, Regarding Alcohol (Memo) 6. Approve Second Reading of Ordinance 2008-996, Regarding Disposition of Unclaimed or Surplus Property (Memo) 7. HCA Loan (CR2008-043) April 15, 2008 City Council Meeting Minutes Page 1 Mr. Stadler pointed out that the motion for item four should include ordering publication. Mr. Getschow pointed out that item seven, HCA Loan, was unintentionally left off the final agenda. It should be on the agenda and included in the motion. Council Member Halverson moved and Council Member Brausen seconded a motion to approve the Consent Agenda as amended. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. PUBLIC HEARING 1. Approve Conduit Bond Financing for Raspberry Ridge (CR2008-042) Raspberry Ridge is a multifamily housing development consisting of 65 apartments and 36 townhomes. Community Housing Development Corporation, the owner of the project, has applied to the City to issue a multifamily housing revenue note. The proceeds will be used to refund prior bonds, finance approximately $886,000 in additional improvements, and fund a reserve. The project meets the requirements of the City policy regarding taxable/tax exempt financing. The City will not be liable for any payments on the project. The documents have been reviewed by Stefanie Galey, Faegre & Benson. Daniel Sallis, Vice President of Community Housing Development Corporation, and Sara Matala, J. L. Pope Associates, came forward. Ms. Salas gave a history of the project. Ms. Sallis and Ms. Matala answered questions. Mayor Maxwell opened the public hearing at 8:05 p.m. A member of the Cooperative Board came forward to read a letter from the Cooperative Board in support of the Bonding. Council Member Brausen moved and Council Member Youakim seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:09 p.m. Council Member Youakim moved and Council Member Brausen seconded a motion to approve Resolution 2008-028, authorizing the issuance, sale, and delivery of a multifamily housing revenue note (Raspberry Ridge Project), Series 2008, and prescribing the form of and authorizing the execution of related documents. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. NEW BUSINESS April 15, 2008 City Council Meeting Minutes Page 2 1 . Approve Ordinance 2008-999, Regarding Background Investigations for Fire Department Volunteers for First Reading (CR2008-037) The Fire Department has begun to recruit volunteers for the Community Emergency Response Team (CERT) Program. Because the volunteers would be working with City residents in an emergency situation, the State has recommended that the departments conduct a background investigation on them. The easiest way to do this is through the Police Department's connection to the Minnesota BCA. The City's contract with BCA does not allow that unless authorized by ordinance. In response to Council Member Youakim's question, Mr. Genellie responded that the City pays an annual rate for the connection to the BCA. If the backgrounds were done through other means, the City would pay approximately $15 per check. Council Member Brausen moved and Council Member Halverson seconded a motion to approve Ordinance 2008-999 for first reading. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Accept Plans and Order of Bids for the 2008 Street Improvement Projects (CR2008-041) On February 4, 2008, the City Council conducted a public hearing on street and utility improvements on Minnetonka Mills Road and 2nd Street NE. The Council authorized the project to proceed and ordered plans and specifications. Marcus Thomas, Bolten and Menk, reviewed the plans and specifications and the project schedule. The City Council discussed the sidewalks and the difference in bids if the sidewalks and trails were bid as separate items AJ Mitchell, 101 Minnetonka Mills Rd, came forward and stated that he preferred a sidewalk to a trail on the sough side of the street. Council Member Youakim moved and Council Member Halverson seconded a motion to adopt Resolutions 2008-026, Resolution Approving Plans and Specifications, 2008 Street and Utility Improvements -City Project 07-10, and 2008-027, Resolution Relating to Parking Restrictions on Minnetonka Mills Road from 5t" Ave N to 400 Feet East of Herman Terr -City Project 07-10, and Authorizing Advertisement for bids. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Order AUAR Update, Excelsior Crossings (CR2008-039) April 15, 2008 City Council Meeting Minutes Page 3 In 2001, an AUAR was completed for the North Annex property to facilitate the proposed Medics project. The environmental review was necessary because of the size of the project and statutory requirements. In 2006, the AUAR was updated to take into account the Excelsior Crossing project, first analyzing the impact of 691,000 square feet and then again for 740,000 square feet. Opus has informed staff that they are now proposing an increase of 59,000 square feet to a total of 799,000 square feet, triggering another update to the AUAR. It will also take into consideration the change in use of the former retail pad on the east side of the property to a corporate daycare facility. The analysis will primarily concentrate on traffic impacts. RLK Associates, Ltd. completed the original AUAR and subsequent updates and would be in the best position to complete the update. The contract for services will be between the City and RLK. Costs of the update, estimated to be $21,500 will be paid for by Opus. When the draft is completed in May, there will be a public review and comment period. Tom Shaver, representing Opus, presented the new elevations and plans. John Dietrich, RLK Associates, explained the process for updating the AUAR. Council Member Halverson moved and Council Member Youakim seconded a motion to adopt Resolution ordering preparation of an update to the updated Alternative Urban Areawide Review (AUAR) and mitigation plan for the Excelsior Crossing office development. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Approve Liquor Licenses and Tobacco License for A-Du Enterprises, LLC, dba Best Buy Liquors at 808 Mainstreet (CR2008-038) The father-in-law of one of the owners of Best Buy Liquor Warehouse is in the process of purchasing the building next door to their current location. They plan on moving into the new location the end of June with a June 30t" opening date. Because the 30t" of June is the last day of the current license period, they will need a 2007/2008 license for the day. The cost of the license is $200. The motion includes a waiver of that fee. Because the City is in the process of renewing 2007/2008 licenses, the motion will include the renewal of the liquor license and the granting of a tobacco license for the 2008/2009 license year. Roy Nguyen, co-owner of Best Buy Liquor Warehouse came forward to answer questions. April 15, 2008 City Council Meeting Minutes Page 4 Council Member Brausen moved and Council Member Halverson seconded a motion to approve a new off-sale liquor license, renew the same off-sale liquor license for the year 2008/2009 and approve a tobacco license for the year 2008/2009 for A-Du Enterprises, LLC, DBA Best Buy Liquor Warehouse, 808 Mainstreet, Hopkins and waive the fee of $200.00 for the new license. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 5. 2008 First Quarter Financial and Investment Report (Memo) Christine Harkess, Finance Director, gave a presentation of the Financial and Investment Report. No Action was taken. VIII. ADJOURNMENT There being no further business, Council Member Brausen moved and Council Member Youakim seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:08 p.m. Respectfully Submitted, Terry Obermaier, City Clerk ATTEST: Eugene . Ma ell, Mayor April 15, 2008 City Council Meeting Minutes Page 5 COUNCIL MEMBERS