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Agenda HOPKINS CITY COUNCIL ,FINAL AGENDA . : . ,July 20, 2004 . 7:30 m THIS FINAL AGENDA IS SUBJECT TO CHANGE' . UNTIL THE START OFTHE CITY COUNCIL MEETING Schedule: 6:30 pm - Council/staff Meeting .:. 7:30pm -City Council Meeting . .... . ..... . ',' Work Session atconch..ision of the regular City Council meeting. 1. CALL TO ORDER . " - - , . , , !!. OPEN AGENDA -PUBLIC COMMENTS/CONCERNS (Public must fill out a Speaker Request Form: Three minute limit for e,ach person) III. OATH OF OFFICE Charter Commission, Karen Jensen .. . . .' IV. . REPORTS 1. Depot Coffee' House 2. ChemicalHealthCommissJ()n . . v. ..' .' CONSENTA~ENDA.. ' ',' : . , 1. 'Minutes of JUly 6, 2004 City Council. Meeting ". 2. Minutes of July 13, 2004 City .Council.Work Session '. . 3. Appointmentto Human Rights Commission, Lisa Butts . . . .. 4. Second reading; Ordinance amendingTruth-in~Housing evaluator's requirements; (Memo) . Page ..' . . . .' . . ..' 5. Settlement agreernent, Nine Mile Cove deVelopment; (CR2004-112) -Stadler . 6. Award contract Minnetonka Boulevard water main replacement; (CR2004-113) ;. ., Stadler 7. Approve Municipal Recycllng:grant agreement; (CR2004~114) - Cleve Vote: Brausen Thompson ': Rowan J.ohnson . Maxwell - VI. ,NEW BUSINESS 1. Approve final. plans, Co Rd 73 and 5 intersection and corridor improvements; (CR2004-110) - Stadler Vote: . Brausen Thompson Rowan Johnson - Maxwell - . . QUESTIONS OR COMMENTS? CALLTHE RAZZLE LINE. - .939-1421 (The Razzle Line is the City of Hopkins voice message system) ,";' ,2. First reading amendments to Sections 710,and 715 of City Code; (CR2004-111) - Stadler . Vote: Brausen Thompson Rowan . Johnson Maxwell 3. Facilitiesprojectupdclte; (Memo) Stadler Vote: Brausen Thompson Johnson Maxwell VII. ADJOURNMENT . . . i , ,I ~ . A r~gu.larmeeting of the Hopki.ns Ci~Y Council was held on .)uly~6, 2004, in the , Council Chambers of the Hopkins City Hall. , -.... ' Present were Mayor Maxwell and Council MernbersBrausen; Thompson, Johnson, and, ,Rowan~ Also; pres, ent were staff members GenelHe,Stadler"Anderson, Olson, "," - ,and City A ttorneyJerry Steiner. .,'" I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:35, p.m. II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS There were none III. PRESENTATION 1. Raspberry Festival Buttons Dale Specken and Jim Thompson, Co.,executiveOirectors of tt)e Raspberry Festival" , , gave raspberry 'buttons to the Council Members and ,staff. Dale Speckenreviewed . some of the events that'would',takePlaceduring the Festival this year. The Festival , . wilt run from July 8th through July1.8th. IV~ REPORTS - COMMITTEES/COMMISSIONS ,,1. Zonin!;) and Planning Commission' Mary Hatcher reported fortheZoning and Planning Commission. The Commission met on June 29th. They held public hearings on the CUP for., the Dairy Queen Grill and ChilI and the Oakridge Country 'Club; They discussed traffic issues for the Dairy Queen. The Commission recommended approval of both CUPs. The Commission reviewed the, Site Plan Review Ordinance and had no further comments on it. They . reviewed front-yard set backs of 30 feet for Interlachen and 25 feet in town. They agreed that the current set backs are appropriate. V. ' CONSENT AGENDA 1. Minutes of June 1 5, 2004 City Council Meeting 2. Minutes of June 22,2004 City CounciLWork Session 3; Minutes of June 29, 2004 City Council ,Work Session , 4. Ratify Prior Month's Disbursements . 5; Miscellaneous License Applications , 6. Appointment to Chemical Health Commission - BobCavan (Memo) July 6, 2004 City Council Meeting Minutes Page 1 . \,1 7. Approve Sub-recipient Agreement with Luther Companies-Met Council Grant , (CR2004-104 8. Approve Contract, Met Council Tax Base Revitalization Account (CR2004- 105) 9. Renew CUP for Metro Water (Memo) 1 O.Resolution Approving Hennepin County Mutual Aid Agreement (CR2004- 102) 11 .Schedule a closed meeting to discuss labor negotiations (memo) Council Member Brausen moved and Council Member Thompson 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. Hopkins Pavilion Addition Revised Agreements (CR2004-1 09) The revisions clarify the responsibilities and procedures for dealing with the discovery of contamination in the process of building the addition. Section 31 was added to state that the City has the right to direct stoppage or terminate the improvement if . hazardous substances are found and that the City is responsible for clean-up. Section 18 was added to clarify the procedures to be used if hazardoUs materials are found. Staff stated that they have reviewed the soil borings from the area and do not feel that they will run into contaminated materials. Council Member Brausen moved and Council Member Johnson seconded a motion to approve revisions to the Ground Lease Agreement and Construction Disbursing Agreement with Hopkins Youth Hockey Association for the construction of an addition to the Hopkins Pavilion. 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. First Reading, Ordinance Amending Truth-in-Housing Evaluator's Requirements (CR2004-1 03) A statewide test for housing evaluators does not exist. The City of Hopkins accepts evaluators who have shown competency by passing tests given by either the City of Minneapolis or the City of St. Paul and maintaining their educational requirements. . The wait to take the test in the two cities is at times two or more years. Staff has received requests from several evaluators to accept the evaluators that have passed July 6, 2004 City Council Meeting Minutes Page 2 , ~, . BIOOmington's.'test. . Ordinance 2004.:.926 would allow those evaluators to.do . evaluations in Hopkins. , , , The ordinance that is currently in effectrequired the evaluators tohave:a license from another city. It does not require them to maintain licensure. Ordinance 2004-926 would require them to maintain their license in the other cities. Council Member Thompson asked how staff would follow-up ondiscoveringrevoked' licenses. Mr. Genellie said that he. would bring thatir'lformati()n tothe Council with the second reading. Council Member Rowan mov'edandCouncil Member Brausenseconded a motion to adopt. Ordinance 2004--926~ which amends. City Ordinance Section, 407.05, changing the requirements of Trut~-in':'Housing evaluators. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye:'Coyhcil Member Rowan, aye;.Council MemberJohnson,aye;..Mayor.Maxwell, aye. The.motion carried unanimously. 2. CUP for Oakridge Cou'ntry Club (GR2004-1 08) . . , . . ...OakridgeCpuntry Club, is proposing to remove. the existing clubhouse and construct a' . . new one.;!henewc1ubhoLi~e .willbe constru~ted inapproxi~atelythe ~ame location as the eXisting. The Club wllI..also cprrect drainage problems In.the parking lot. A new pool, basketball court and playground will also be constructed. The Zoning and Planning Commission recommended approval. . , Steve Wolford, AnkenyKell Architects~ reviewed the plans andelevations~nd. answered questions. Mr..Wolfordstated thattheywould be removing the ." .' nonconforming use, correct drainage by installing three catch basins and enlarging ,', I" ponds, and increase safety by removing the cart barn.. . , '. . - . , A discussion of HV AC, total square footage of 44,000 square feet, driveway , parking lot, landscaping, log house, and start date of September pt.. . Council Member Thompson moved and Council Member Brausen seconded a motion to adopt Resolution 2004-50, approving a conditional use permit to construct a new clubhouse for Oakridge Country Club at 700 Oakridge Rd~ A poll of the vote was as. fpllows: . Council Member Brausen,"aye; Council Member Thompson, aye; Council' Member Rowan, aye; Council Member Johnson, aye; Mayor MaxWell, aye. The motion carried unanimously. ..... July 6, 2004. City Council Meeting Minutes Page 3 '.' ,. -, > . " 3. CUP for Dairy Queen (CR2004-107) . Dairy Queen is proposing a Grill and Chill Dairy Queen at the site of the former Wendys at 510 Blake Rd. The proposed building will have 78 seats, a drive-thru, and an outdoor seating area. The existing building will be removed. The Zoning and Planning Commission recommended approval. Jim Benshoof, Benshoof and associates came forward to discuss the traffic report and existing traffic problems as well as the possible solution for the problems. The existing traffic issues need to be resolved to the satisfaction of staff before permits can be issued. John Donnly, Frauenshuh Companies, came forward. Frauenshuh Companies will be the owners of the Dairy Queen Grill and Chill. . Mr. Donnly stated that the traffic problem is for very short durations and not every day. Nick Sperides, architect for the project reviewed the plans and elevations and answered questions. A discussion of the drive through, landscaping, HV AC, hours of operation, and start and open dates followed. . Council and staff discussed the traffic issues. Council Member Thompson suggested a continuance of the item. Council Member Rowan stated that staff could deal with the issues. The CUP will not be issued until staff is assured that the traffic issues are fixed. Council Member Johnson moved and Council Member Rowan seconded a motion to adopt Resolution 2004-49, approving the conditional use permit to constrUct a Dairy Queen Grill and Chill at 510 Blake Rd. 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. Order Public Hearing on Charter AmendmentJor Board of Equalization (CR2004-1 06) The Charter Commission met on April 27, 2004 and on June 22, 2004, and voted to recommend adoption of Ordinance 2004-925. For budget reasons, the Council has recently decided to transfer the Board of Equalization to the County. Currently, the Charter states, "The Council shall constitute the Board of Equalization." New language would change that to JlUnless the City Council provides otherwise as . permitted bylaw, the Council shall constitute the Board of Equalization". Mr. Genellie reviewed the process for changing the charter. July 6, 2004 City Council Meeting Minutes Page 4 .. ~ . . Council Member Rowan moved and Council Member Brausen seconded a motion to approve Resolution 2004-044, accepting Ordinance 2004-925, ordering its publication and setting a public hearing for August 4, 2004. A poll of the vote was as follows: Council Member Brausen, aye; Council MemberThompson, 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 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, Terry Obermaier, City Clerk . COUNCIL MEMBERS ATTEST: Eugene J. Maxwell, Mayor . July 6, 2004 City Council Meeting Minutes Page 5 ...). .' ...."", 1 , July 13,2004 Page 1 . i ' . MINUTES . .... CITY COUNCIL WORKSESStON-July 13,2004 ' . A work session of the Hopkins City Council was called to order, by Mayor Gene Maxwell at.6:30 p. m.on July 13, .2004, at the City Hall. Council members Brausi:m, Jollnson,Rowan and Thompson were present. City persoooel present were: Acting City Manager. Jim Genellie; . Recreation DireCtor David Johnson; Economic Development Director Jim Kerrigan; and Finance .'Director Lori Yager. .' Pre-Budget '. Recreation: Mr.' Johnson said. the joint recreation services arefun~ed33%'by Hopkins and 67 % . byMinnetonka~ The partnership works well as Hopkins has betterflelds and Minnetonka has. ". betterindoof facilities. These'programsserve 34,000 people annually. Scholarships are available to those who carniot afford the programs from.a fund with a present balance of$12,000. This fund has worked.well,and has not been abused by participants. Mayor Maxwell suggested that the bylaws' be amended so thatthisfun4canno~ be usedfor any other purpose. Mr. Johnson said there is ~meeting of the Joint Recreation Coriunission this week and he will suggest that. Mr. i . .. J ohnsonsaid the, Hopkins direct services are non..,revenue .producing' except for charges for field . . trips. Thisinc1udes the summer playground program and outdoor skating rinks. His proposed total budgetis$204,900;ofwhich$149,500 is for joint recreation. This isa 3.45% increase fiomlast year andis 'almost totally due to salaries and benefits which went up about 9 %. The Hopkins direct services cost is basically the same. Answering questions, he said Public Works puts up the ice. skating rinks. Having them open 4 days last year worked well. Shady Oak income basically covers . its operating costs: About $4,000 is budgeted each year. for capital projects. ...... ,'. Economic DevelopinentMr. Kerrigan said the loss of 1, full-time person and ,an upcoming maternity leave are putting an extra load on his personneL Soon there will be only Nancy Anderson and himself to run all the prpgrams for several months. A new city manager ,finance director and assistant engineer impact his department as they depend on information from these . people ona regular basis. This is made more. difficult by the upcoming projects, etc. Section 8 . has increased to 400 units . Shannon Smith is working 8.:10 hours per week, which is paid by that program. The city willrteed to look closely at the recommended upgrading of public housing on '20th Avenue as the needs assessment he just received is $895,000 for the 10 units. There was a brief general disqussion about looking into .options such as, demolishing these units and. spreading 10 units throughout Hopkins. This would need to be worked out with HUD: Dow Towers, now that it is no longer only for the elderly, is problematic. Much of his department's budget is coveredlJY federal funding and special funds, so the impact on the general fund is not large. Allswering Mr .13rausen, he said Shannon's job description is Ilot a problem at present; if she keeps doing Section 8 that may need 'to be changed. The large increase in Section 8 units is because Hopkins has affordable rent compared to other areas. St. Pauland some other cities are getting cutbacks in Section 8 funds; Hopkins' funds are funneled through the Met.Council and . have not been affected so far. Answering Mayor Maxwell he said he had not heard about sending. .. .proposed letters to Ramstad about funding. for the services that Vail.Place will be providing to the HRA. Responding toMs. Johnson, he noted Minnesota Finance had a good article on the Hopkins House project. That project should' be before. the Council in August. . ,."~"', _.~.- "k , July 13, 2004 t Page 2 Redevelopment project& underway or projected include North Annex, Luther's projects, East End, identified multi-family properties and Shady Oak Road. He feels there will be redevelopment in the last area after road work is completed. He announced that Super Valu and Opus will appear before Council at the July 27 work session with a proposal for the North Annex property. It would be for a phased development, starting at 110,000 sq. ft. office space; the proposed user has 4-5 operations outside Hopkins and wants to consolidate them. They are proposing 550 parking spaces. Community Services Mr. Genellie said assessing was transferred to Hennepin County in 2004 and seems to be working well; this eliminated 2 positions. The only problem occurs when the assessment clerk is gone so cross training is taking place with the inspections secretary and receptionist. Inspections is largely self-funded. The state is 1ll3.king an issue of large revenues from inspections; this is a concern as the income varies greatly depending if development is being done or not. He mentioned the TreeTrust is overseeing a program where recipients of welfare are being required to work a minimum of hours; this is being looked into as a soutce offree labor for the city for such things as records management. F\ ERP and CIP Final Review ERP Finance Director Yager said the ERP is the same as that presented at the last work session. The 4 % increase impacts the levy minimally. She will ask the Police Department about . the trackster. She noted that if the city found it absolutely necessary to reduce a levy, it would be able to use notes to fund this plan, but she recommends not doing so ifat all possible. CIP She noted some changes in this plan. Mr. Stadler has moved some road projects back. Lift Station #1 has been moved to 2006 to allow time to see if a linkage with Minnetonka lines might eliminate this item. Historical'Society roof replacement ;md City Hall work and outside landscaping stayed the same. Deadline forchanges.is August 6 because of the levy limit deadline. Discussion followed. General Consensus was that the work on City Hall and outside landscaping should be pushed back to 2006 to allow more study ~ The safety issue repairs on the railings, etc. should be financed through maintenance monies. The park issues for Burnes, Valley and Oakes Parks were discussed. General Consensus was that the playground equipment for Burnes Park should be kept in the current budget. The major items relating to hockey rinks and parking issues should be pushed back to 2006 to allow time for more study. The $65,000 for Valley Park could be put back in 2005 in the Park Board can . justify it as it is all Park Dedication funds. In relation to road work, Ms. Yager reminded them there is still a $4-6 million bill coming up from the County for Excelsior Blvd. work. Mr. Thompson was concerned that some of the concrete alley work would result in double assessments for some residents and asked this be looked at. Ms. Johnson noted the residential street jobs for 2007 should have Monroe Ave. North (not South). Ms. Yager feels a bond is not needed for road work until 2007 or 2008. She recommended that the Capital Improvement Fund. should be built up with excess funds from the general fund. I She said that even though TIF 1-1 was decertified, the levy needs to be raised to cover the new facilities. Mr. Thompson asked that Council.be provided with figures as to what the levy increase would have had to be if the decertification had not happened. - -_.._~ ,-~ ~ 1 ~ I July 13, 2094 Page 3 : .' .,-;' .' ,.' . Mr. Brausen asked jf Parkfunas cauld be. used for the Hopkins Center for. the Arts for carpet replacement. Mayar Maxwellaskedhaw Hapkins House would help the Park ,fund. Ms. Yager said if there are 24 units, itwauldbe $12,000.. ....... Ms~ Yager then spoke about the.new facilities. Because of the way the bonds were issued there will beat least$500,00d extra in the fire/publicwarksbond. This WQuld be available to . make the 2005 payment on the band issues. Otherwise, there would ,neoo to be a levy far that payment. . ' Hawever, the palice facility is ..runnmg over budget. She recammendsa levy far capital improvements far the palicedepartment, which wauld be offset by nat m~eding to levy far the debt payment. Thus each wauldoffsettheather. This is the yeart() accomplish this as there are no levy limits this year. She reminded the Cauncil the preliminary levy mustbe setby September 5. Steve Stadler should get hard figures befare then so that Council can be sure what extra will be left in the fire/public warks cantingency fund to figure this leyy situatiaIl()ut. The extra cantingency and the' average of the palice building should beeyen.' ." The franchise. fee seems to. be ,working well. She received .no. complaints. Mr; Brausen. mentioned he did get one.' Ms~ Yager~ said she would check on a sunset clause for the franchise' fees. . She briefly surmnarizedrate increases for utilities and refuse. There was a question as to. ... why the city pays the same far refuse ifpaundage is down. ,She will check on that: Answering Mayar Maxwell she said if the new cOmmerc~al meters result in higher fees, then the raise in2009 .'wauld.natbe needed ar cauld be adjusted. Mr. Stadlerwillbediscussing this at the next meeting. She nated the proposed rate increases far water and refuse need to. be approved either October or Navember toa11aw proper notice: . . '.... ' . Mr. Thompson asked what amount should be kept all hand to keep the city in good financial shape. She recamniended a reserveofSO%bfthe annual budget. Anything under 40% really affects bonding'. Mr. Genellieasked if the extra general fund money could be used far the . police facility. She'said it could, which would keep the levydawn.... t, . . Search Consultants . .' Mr. Genelliesaid thesearch cansultants wauld appear at5:30p:m.August 4. He hastald them they have. IS minutes each. The appaintment is scheduled to be made. at the August 4 City Cauncil meeting: IfCaullcil members have questions. before then, he will try to. get answers for' them. Mayor Maxwell asked that Mr. Genellie makeacomparison of casts for the Council. There was brief discussian about the staff survey the Councill1ad done. General Consensus was each Council member shauld have copies of that befare the meeting and that further discussion shauld take place at the next two meetings. . Other .. . Ms. Jahnsan noted she needs her packet for the 27th by 5:00 p.m. onthe 23rd.She added Raspberry Festival events are proceeding well. Mr. Brausen said Pat Sanders called. Mr. Genellie saidN~ncy has talked to City Attarney . Steiner. There is no. reason to deny the.deck permit due to the RV situatian. Ms.' Sanders said she was waiting for callbacks from cauncil members and that she doesn't know where the property lines are. She has a deadline of the end of the month anthe RVissue; Mr. Brausen natedthat the Minneapolis Metro West paper had a gaod article on combined . ~'''.i " July 13, 2004 , Page 4 police of Excelsior, Orono and Long Lake which would have good points to make if that issue comes up for Hopkins. He noted the recycle containers are going into place. He asked about the situation of someone resigning in the police department. Mr. Genellie said he is preparing an update on that. Elizabeth White is the PSO in line to be the next police officer, which will be a problem as she also works in dispatch. Mayor Maxwell asked about a letter received on water meters and there was brief . discussion. Mr. Brausen moved adjournment. Mr. Thompson seconded. On a 5-0 vote, the meeting adjourned at 9:25 p.m. Kasey Kester, Secretary COUNCIL MEMBERS: . ATTEST: Eugene J. Maxwell, Mayor .