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Agenda HOPKINS CITY COUNCIL FINAL AGENDA . May 18, 2004 7:30 pm THIS FINAL AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF THE CITY COUNCIL MEETING Schedule: 7:30 pm - City Council Meeting Work Session at conclusion of the regular City Council meeting !. CALL TO ORDER II. OPEN AGENDA - PUBLIC COMMENTS/CONCERNS (Public must fill out a Speaker Request Form. Three minute limit for each person) !!h OATH OF OFFICE 1. Five Police Reserve Officers IV. PRESENTATON . 1. Police Department Lifesaving Awards; Reid 2. Hopkins Area Jaycees, Mainstreet Days V. REPORTS - COMMITTEES/COMMISSIONS VI. CONSENT AGENDA 1. Minutes of May 4, 2004 City Council Meeting 2. Minutes of May 11, 2004 City Council Work Session 3. Second Reading, East End Overlay Zoning District; (Memo) - N. Anderson 4. Award bid for 2004 street improvement project; (CR2004-075) - J. Anderson 5. Approve refuse truck purchase; (CR2004-069) - Stadler 6. Approve revision to Equipment Replacement Plan; (CR2004-074) - Stadler 7. Minnesota Metro Public Safety Radio Project contract with Motorola; (CR2004-070) - Ku rtz 8. Minnesota Metro Public Safety Radio Project, Harris Microwave; (CR2004-071)- Kurtz 9. Establish New Internal Service Fund; (CR2004-076) - Yager Vote: Srausen Thompson Rowan Johnson - Maxwell - . QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE - 939-1421 (The Razzle Line is the City of Hopkins voice message system) --- - --- -, - VII. NEW BUSINESS 1. Overpass skate park operational agreement; (CR2004-072) - Strachota . Vote: Srausen Thompson Rowan Johnson Maxwell - - 2. Approve Minnetonka Boulevard water main replacement engineering services agreement; (CR2004-073) - Stadler Vote: Srausen Thompson Rowan Johnson - Maxwell - VIII. ADJOURNMENT . . II . A regular meeting of the Hopkins City Council was held on May 4, 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, J. Anderson, N. Anderson, and City Attorney Jerry Steiner. 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. PRESENT A TION 1. Heritage Festival Committee Jason Gadd, Chair of the Heritage Celebration, announced the fourth annual . Heritage Celebration. They are expanding the Celebration this year and doing it in conjunction with the Hopkins Center for the Arts. The theme of the Celebration is "Uniting People in our Community". A picture presentation was given. 2. American Cancer Society Relay for Life Allie Cronk, American Cancer Society Relay for Life, gave a description of the relay and what it means. Ms. Cronk invited all to attend. 3. Arbor Day, Mayor Maxwell Mayor Maxwell read a proclamation declaring May 15, 2004, as Arbor Day in Hopkins and the month of Mayas Arbor Month. IV. OA TH OF OFFICE 1. Robert Edmonds, Park Board The City Clerk administered the oath of office to Robert Edmonds, Park Board. V. REPORTS - COMMITTEES/COMMISSIONS . There were none. May 4, 2004 City Council Meeting Minutes Page 1 II VI. CONSENT AGENDA . 1. Minutes of April 20, 2004 City Council Meeting 2. Minutes of April 27, 2004 City Council Work Session 3. Minutes of March 30, 2004 City Council Work Session 4. Ratify Prior Month's Disbursements 5. Recommend Appointment to Charter Commission, Karen Jensen (Memo) 6. Recommend Appointment to Charter Commission, Roger Gross (Memo) 7. Approve Final Design/Order Bids, Lift Station No.7 (CR2004-068) Council Member Johnson moved and Council Member Rowan 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. VII. PUBLIC HEARING 1. Assessment Hearing, 2004 Street and Utility Improvements (CR2004-67) The bids that were submitted for the project were opened on March 24, 2004. . Assessments were calculated based on the low bid. The City Council accepted the bids on April 6, 2004. Also, on April 6, 2004, the City Council ordered an assessment hearing. A public hearing notice was published and mailed to all affected property owners. Staff received request for a Senior Citizen deferment from the owner of the property described by the PID number 23-117-22-41-0075. Mayor Maxwell opened the public hearing at 7:53 p.m. No one came forward. Council Member Brausen moved and Council Member Rowan seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 7:53 p.m. Council Member Thompson moved and Council Member Rowan seconded a motion to accept the appeal from 143-20th Ave N and allow the deferment. 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. Council Member Rowan moved and Council Member Brausen seconded a motion to . adopt Resolution 2004-036, Resolution Adopting Assessment Roll 2004 Street and Utility Improvement Project, City Project 03-10. A poll of the vote was as follows: May 4, 2004 City Council Meeting Minutes Page 2 . Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. VIII. NEW BUSINESS 1. Variance, Side Yard Setback at 236 Maple Hill Road (CR2004-66l The applicants, Christina and Gary Code, own a one-story home without a basement. They would like to add a second story for more room. The setback requirements would change for a second story to a twelve-foot side yard setback. The current setbacks are six feet on the north and five feet on the south. The north side is the garage side and is allowed. The south side requirement is a twelve-foot setback for a two-story home. The south property is a driveway that goes to a home on the west side of the applicant. The home that the driveway serves is south of the driveway. In response to Mayor Maxwell's question, the applicants answered that they had discussed the addition with the neighbors and that the neighbors were supportive. . The Zoning and Planning Commission recommended approval. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Resolution 2004-35, Resolution Approving a Side Yard Setback for the Lot at 236 Maple Hill Road. 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. 2. CUP, Locker Room Addition, Hopkins Pavilion (CR2004-65l The Hopkins Hockey Booster Club is proposing to construct a 77-foot by 32-foot addition to the south side of the Pavilion for locker rooms. The Junior Varsity and Varsity teams will use the area for locker rooms and storage. There will also be a toilet and Coach's office. The teams have used the Pavilion as home ice since 1994. The existing locker rooms are small and provide no lockers. In 2001, the City gave permission for a trailer to be used as the teams' locker rooms. The trailer was removed last year for the remodeling project and the teams used the adjacent warming house for their locker rooms. The Zoning and Planning Commission recommended approval. . Greg Clark and Jim Strampe, Hopkins Hockey Boosters' Club, came forward to answer questions. The exterior of the new addition will be the same as the May 4, 2004 City Council Meeting Minutes Page 3 existing exterior. Original soil borings were found and soil conditions look good. . The landscaping will be done by the Booster Club. Steve Stadler answered Mayor Maxwell's question, stating that there are sewer line stubs to the west of the building. The stubs were installed in anticipation of future ad ditions. Council Members and staff discussed the Central Park parking lots. Mr. Stadler stated that they would be resurfaced in house. Part of the lot will be used for a staging area during the construction. Mr. Mielke stated that the approval of the CUP would allow the project to continue forward. At the next meeting, the City Council should expect to see agreements between the City and the School District. Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Resolution 2004-34, approving of a conditional use permit to construct a locker room addition on 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. 3. Zoning Ordinance Amendment, East End Overlay District (CR2004-64) . In 2001, the City Council initiated the East End Study to look at future development in the area. The Study included the area that is east of Hwy 169, west of Blake Rd and north of Excelsior Blvd. The purpose of the overlay is to control future development. Existing land uses will continue under the current zoning ordinances. This is the first step in implementing the East End Study. Re- zonings in the near future will help to prevent undesirable uses in the area. Uses will be tailored to the study. Zoning districts will change. The Zoning and Planning Commission recommended approval. Council Member Brausen moved and Council Member Thompson seconded a motion to adopt Resolution 2004-33, approving Ordinance 2004-921, placing an overlay district on the east end 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. IX. ADJOURNMENT There being no further business, Council Member Johnson moved and Council . Member Rowan seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8: 18 p.m. May 4, 2004 City Council Meeting Minutes Page 4 . Respectfully Submitted, Terry Obermaier, City Clerk COUNCIL MEMBERS ATTEST: . Eugene J. Maxwell, Mayor . May 4, 2004 City Council Meeting Minutes Page 5 ------ -..----- ....-- ---- ... . May 11, 2004 Page 1 MINUTES CITY COUNCIL WORK SESSION - May 11, 2004 A work session of the Hopkins City Council was called to order by Mayor Gene Maxwell at 6:30 p.m. on May 11, 2004, at the City Hall. Council members Brausen, Rowan and Thompson were present. City personnel present were: City Manager Steve Mielke, Police Chief Craig Reid, Police Captain James Liddy, patrol officer Craig Kreiling, Public Works Director Steve Stadler, Utilities Superintendent Mike Lauseng, Doug Anderson ofthe water department and Finance Director Lori Yager. Tazer Usage by Police Department Recently Hopkins Crime Fund Board donated 2 conducted energy weapons - Tazers - to the Police Department. The police wished to inform Council about the new weapons. Officer Kreiling showed several videos on the usage of Tazer. Police Chief Reid stressed that the use of force policies are very specific on when extreme force may be used, and that 99 % of police calls are handled simply by police presence. Only rarely is force more than "empty handed force" involved. Tazer will simply be a non-lethal way to employ force to save lives and/or avoid serious lllJUry. He noted use of force policies are based on United Nations guidelines; the only state . control is control over his post authority. All uses of force are carefully documented; Captain Liddy reviews them every day. Mr. Kreiling said he was one of two officers sent for training. As part of that he was actually shot with Tazer; after the five-second effect wore off he had no ill effects. It poses no danger for people with heart conditions. While the 50,000 volts sounds large, the amperage is very low; no deaths have been caused by its use. Each unit costs $900, and automatically records every usage. Answering Council questions, Captain Liddy said the last time a policeman used a pistol in line of duty was about the late 1970's or early 1980's; the last time a person was actually shot at was in the 1960 r s. Chief Reid said Tazer is in the same class as pepper spray, but pepper spray requires medical washing afterwards, Tazer does not. He added Mr. Kreiling is a member of a specially trained team for high-speed entries. Officers will not be allowed to own their own Tazer guns. Captain Liddy said training would start May 24 and 26 for all police personnel who want it; all officers will be required to train. Commercial Water Meter Replacement Program Mr. Stadler said this was an update from last July. He showed a redrafted city code covering commercial water meters, plus sample letters and registration forms. Mr. Rowan noted the word should be "fine" rather than "fee" in the violation notes. Mr. Brausen asked if the permit fee could be waived to help property owners. Mr. Lauseng said he thought that might work. Mr. Brausen asked if the meter change could be required when properties sell. Ms. Yager said the city finds out only if title companies call or final readings are requested. It was suggested later that property sellers would have to verify the meters were still accurate for sales after 2007. Perhaps . the assessors department could be utilized. Answering further Council questions, Mr. Anderson said he could think of only 2 properties needing $3,000 meters Supervalu and one school. He said some readings have tripled when meters have been replaced to obtain accurate readings. This means the city has been losing a . . . May 11,2004 Page 2 lot of income, besides paying for more sewage disposal. Residential meters have been changed 3 times since 1978; commercial ones have not been changed in that time. The city owns the 1" meters. Mr. Lauseng said Badger meters are required because that is what the remote readers read. Mr. Mielke will have staff check if the company might give property owners a price break due to the volume. Mayor Maxwell noted the code already says owners are to get them checked every ten years; owners have the option to have theirs checked. However, the checking itself is an expense they may not want to incur. General Consensus was to go ahead. Letters should be sent in June explaining what the city wants to do. A first reading of the ordinance should be held at the end of June. Street Restoration Standards Mr. Stadler said if a street is not in the CIP plan for the next five years, replacement standards require a full depth patch the full width of the traffic lane and extending some distance on each side. If the street is in the CIP, then all that is required is the full depth patch with a couple extra feet all around. There is a $750 cap for street replacement costs for single and duplex residences. Answering questions he said the problems on 5th A venue were not caused by street repair but a break in service. A permit for street work has a time frame that varies by conditions; one in winter may allow final patch in May. Mr. Mielke said if the city shares the cost, the city should . have a say in who does the work. Mr. Thompson said the city having final say could be part of the application for reimbursement. Mr. Mielke said this could work as they apply before work is done. General Consensus was to continue work on the program. Hockey Rinks Plan Changes Mr. Stadler said that when actual groundwork was assessed, staffrealized the open skating rink and hockey rink should be switched in position. If the plan stays as laid out, soil removal costs would be $30-60,000 more than estimated. It was planned originally to have contiguous green space for the school. The switch would relieve drainage problems and move the hockey rink farther from the driveway. The Katherine Curren school principal is unhappy to lose the play area green space, but seems understanding of the problem. General discussion followed. General Consensus was that there must be a written sign-off from the school before going ahead with the change. 2005 Budget Objectives Ms. Yager stressed these were simply guideline figures to help Council before looking at specific departments, etc. The debt levy will need to increase 3.5% ($269,000). This will affect each homeowner by an additional $17 provided TIF 1-1 is decertified; if 1-1 is not, the impact would be $95. She is not suggesting an HRA levy. She is proposing the franchise fee stay at $1. Mayor Maxwell asked if some of the money from TIF 1-1 decertification wasn't to be earmarked for parking lots. Mr. Mielke said that is still an option to consider. . It will be July before Ms. Yager has numbers from depa11ments. The CIP can be done before then. _ -..--.- ---. ----. ---.- -- . May 11, 2004 Page 3 Other Mr. Thompson asked about Mr. Rosener. Mr. Brausen said he had talked to him. Mr. Mielke said he had taken out a permit. Mr. Thompson asked about the e-mail from Blake. Mr. Mielke did not receive it. Mr. Rowan will forward a copy to Ms. Johnson. Mr. Rowan asked that a no smoking in public bars or restaurants ordinance be considered. General discussion followed. Mr. Mielke suggested the issue be added to the general conununity survey to be sent. General consensus was to put the issue on a later work session agenda. Mr. Mielke said he received a call from Mr. Barbario of Stages, which is having severe financial issues. He is asking that June and July rent be forgiven. He said that if things get better in future years, he would try to see Hopkins gets repaid, but could not promise that. Salaried employees will be on half pay for six weeks. The contract with Mainstreet School would make the next year profitable, and each year of the school will bring in larger contract payments. He has had one discussion with Mr. Strachota, who suggested perhaps Stages could be contracted with to provide services to take the place of at least part of the rent. Mr. Rowan excused himself from the discussion as he is connected with Stages. General discussion followed. General Consensus was in favor of Mr. Strachota's suggestion and to try to work with Stages. . Mr. Thompson moved adjournment. Mr. Brausen seconded. On a 4-0 vote, the meeting adjourned at 9:50 p.m. Kasey Kester, Secretary COUNCIL MEMBERS: ATTEST: Eugene J. Maxwell, Mayor . -------