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Agenda HOPKINS CITY COUNCIL FINAL AGENDA e October 19, 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 City Council meeting I. CALL TO ORDER II. OPEN AGENDA - PUBLIC COMMENTS/CONCERNS (Public must fill out a Speaker Request Form. Three minute limit for each person) III. REPORTS 1. Human Rights Commission 2. Chemical Health Commission IV. CONSENT AGENDA 1. Minutes of October 5, 2004 City Council Meeting 2. Minutes of October 12, 2004 City Council Work Session . 3. Approve snow storage site lease, SuperValu; (CR2004-172) - Stadler 4. Approve easement and construction permit; CSAH73/5 Intersection improvement project; (CR2004-170) - Stadler Vote: Brausen Thompson _ Rowan _ Johnson _ Maxwell V. OLD BUSINESS 1. EAW Office project, Advance Development, LLC; (CR2004-173) - Kerrigan Vote: Brausen Thompson Rowan - Johnson Maxwell - VI. NEW BUSINESS 1. Ordinance extending Moratorium for transient merchant licenses; (CR2004-169) - Genellie Vote: Brausen Thompson _ Rowan _ Johnson _ Maxwell _ 2. Quarterly financial report; Harkess Vote: Brausen Thompson Rowan Johnson Maxwell - . VII. ADJOURNMENT QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE - 939-1421 (The Razzle Line is the City of Hopkins voice message system) . A regular meeting of the Hopkins City Council was held on October 5, 2004, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Thompson, and Johnson. Also, present were staff members Genellie, Stadler, Kerrigan, Anderson, and City Attorney Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:36 p.m. II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS There were none. III. REPORTS - COMMITTEES/COMMISSIONS 1. Zoning and Planning Jannina Aristy reported that the Commission held a meeting on September 21 st; all were present. The Commission reviewed the Chapel View addition and the CUP for . the Goodwill drive-through. The Commission had concerns about the Goodwill lease and emphasized that both the tenant and landlord should work to improve the landscaping of the site. The Commission recommended both items. IV. OA TH OF OFFICE The oath of office was administered to Elizabeth Dorn, Park Board. v. CONSENT AGENDA 1. Minutes of September 21, 2004 City Council Meeting 2. Minutes of September 28, 2004 City Council Work Session 3. Ratify Prior Month's Disbursements 4. Second Reading, Moratorium on Auto Sales (Memo) 5. Second Reading, Moratorium on Sculptures in B-2 Zoning District (Memo) 6. Appointment of Election Judges for 2004 General Election (CR2004-165) 7. Approve Wine and Strong Beer License for Serenity Cafe, 811 Mainstreet (CR2004-166) 8. Hopkins Pavilion Roof Repair (CR2004-162) Council Member Johnson 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 Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. PUBLIC HEARING 1 . 2004 Miscellaneous Assessments (CR2004-161) The miscellaneous assessments are comprised of delinquent utility bills, citations, and invoices. Mr. Stadler reviewed the appeal process. All notices were posted and mailed. Prior to the meeting, four appeals were submitted. Mayor Maxwell opened the public hearing at 7:43 p.m. Jan Johnson came forward. Ms. Johnson then explained that she received several citations on two properties, 709 1 ph Ave S # 6 and 810 9th Ave S #4. Ms. Johnson further explained she only knew about the citations because she was required to appear in Hennepin County Court for misdemeanor charges on a warrant that was initiated by the City. She pled guilty on a reduced charge of petty misdemeanor and the assessments were waived. Jerry Steiner, City Attorney explained that there were two separate issues. The Hennepin County Court assessment was a court assessment and that assessment was waived. She stated that the 11 th Ave property . was sold contract by for deed in 2003. The 9th Ave property has been vacant. She didn't believe that the rental license was needed. Staff responded that Ms. Johnson had informed the City that she had sold the property on a contract for deed, that the contract had not been filed, and that staff requested a copy of the contract several times and did not receive a copy. Other than the one call stating that the one property was sold, Ms. Johnson had not communicated with the City about any of the citations. Ms. Johnson further stated that she thought the amount of $ 2200 was a bit steep for not complying with a $20 license requirement. Staff stated that the fines were compounded because the citations were ignored. Mr. Genellie, City Manager, stated that there was an issue last year as well as this year. The fines are for failure to abide by the ordinance, irrespective of the original fee, and while the fine might seem exorbitant, it is not based on the fee. The City Council has the power to amend the fine. The City Council discussed the issue with the City Attorney with the Attorney stating that Ms. Johnson should show proof of the sale and proof of the vacancies. The City Council discussed a fair reduction in the fee considering the cost of the process. Mayor Maxwell moved and Council Member Thompson seconded a motion to reduce the assessment to $750 if Ms. Johnson submits a copy of the contract for deed and proof that the other unit was vacant to the City Attorney by 4:30 p.m. on Tuesday, . October 12, 2004. If Ms. Johnson does not submit the requested documents by that time, the assessment will remain at $2200. A poll of the vote was as follows: . __n __ ._ . Council Member Brausen, aye; Council Member Thompson, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. Council Member Thompson moved and Council Member Johnson seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:20 p.m. The Council discussed the appeal for 1 Hawthorne Rd. This appeal contained request to spread the assessment over four or five years because the resident found it a hardship to pay for the assessment in one year. Mr. Stadler responded that the policy would have to be changed. The City hired the work done and has paid the bill for the work. This action would put the City in the position of being the lender. Council Member Thompson moved and Council Member Brausen seconded a motion to deny the appeal. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. The Council discussed an appeal for 406 14th Ave N. City Attorney Jerry Steiner explained that the owner of the property filed bankruptcy and that all of the charges were due before the bankruptcy was filed. The utility bill and invoice for the tree . removal were discharged in that bankruptcy. No action needs to be taken. Council Member Thompson moved and Council Member Brausen seconded a motion to adopt Resolution 2004-078, Resolution for Adoption of the Amended Assessment Roll, 2004 Miscellaneous Assessments. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Revenue Bond Hearing for Hopkins Mainstreet School for the Arts (Memo) This item was continued from the September 7th City Council meeting to October 5, 2004. Staff has been informed that the applicant does not wish to proceed with the sale of this bond. The City Council does not need to take action on this item. No action was taken. VII. NEW BUSINESS 1. Site Plan Review, Chapel View (CR2004-163) Chapel View is proposing to construct an addition to the south side of their building . located at 615 Minnetonka Mills Rd. The addition would be located west of the existing driveway to the underground garages. The addition would be for a 24-room, . two-story addition. The number of residents will be reduced from '28 to 124. A second phase will be to remodel the existing nursing facility. There will be a ground floor with the addition that will be used for physical and occupational therapy. There will be an entrance to the ground floor from Minnetonka Mills Road. The proposed use complies with the Zoning Ordinances and the Comprehensive Plan. The Zoning and Planning Commission recommended approval. Nancy Anderson reviewed the site plan. Kathy Copp, representing Chapel View, came forward. Ms. Copp stated that the Center was built in 1971. There will be fewer beds than there currently are. The needs of the clients are changed. Clients are there for a shorter term, usually under 30 days. The clients are requesting more privacy. Fifty percent of the care center will be private rooms with private baths. Ms. Copp answered several questions concerning the exterior, parking, safety issues, and lighting. They have held two neighborhood meetings. The neighborhood has been supportive. They hope to break ground in the spring. . Council Member Brausen moved and Council Member Johnson seconded a motion to adopt Resolution 2004-79, approving the construction of an addition to the existing building at 615 Minnetonka Mills Rd. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. CUP Goodwill Drive-Through (CR2004-164) Goodwill is proposing to move from their current location to the former site of Rainbow Foods. Goodwill is proposing to use 60,000 square feet, 45,000 square feet will be warehouse and 15,000 square feet will be used as retail space. Goodwill will be constructing a 24-foot by 30-foot enclosed drop-off area on the west side of the building. This area will allow vehicles to be protected when dropping off donations. The Industrial district allows 25 percent to be used for retail. A traffic study was conducted for the drive-through. The use complies with the Zoning Ordinance and Comprehensive Plan. The Zoning and Planning Commission recommended approval. Michel Wirth-Davis, President of Goodwill, Easter Seal, came forward and introduced himself. Others with him were Debbie Ferry, Vice President of Goodwill, Easter Seal; David Schultz, the architect; and Sandy Barin, representing the lessor. . . The Council discussed the ownership of the building and the lease agreement. They also discussed the drive-through and the stacking that would result. They also discussed the traffic that future tenants could bring to the site. It was determined that the traffic study was done for the drive-through only. The members of the Council and staff concurred that they would be more comfortable with the project if the traffic study included future lessees. Without knowing what other businesses would be going into the building, Council Members and staff felt that it was difficult to know what the impact might be. The applicants agreed to continue the item to November 2, 2004 and to commission a traffic study that would address the "worst case scenario". Council Member Johnson moved and Council Member Thompson seconded a motion to continue the item to the November 2, 2004 meeting. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Approve Amendment to 2005-2009 CIP (CR2004-168l The City Council adopted the 2005-2009 Capital Improvements Plan (CIP). Since the time that the plan was adopted, it has become apparent that it would be prudent to . postpone the proposed 2005 street improvements. This is due to the potential impact of the upcoming Shady Oak Road reconstruction and the continuing investigation into eliminating sanitary sewer lift station number one and the possibility of installing a new sanitary sewer gravity line in 2nd St N between 21 st Ave Nand Shady Oak Road, Staff has proposed moving up the proposed 2007 street improvements to next year, 2005. Staff is proposing several other changes to proposed future year projects. Mr. Stad ler reviewed the proposed changes. In response to Council Members question, Mr. Stadler said that the changes will change the cash flow somewhat, but in the long term, will have no effect on the total cost of the projects. Council Member Thompson moved and Council Member Brausen seconded a motion to approve the staff-proposed amendment to the 2005-2009 Capital Improvement Plan. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Johnson, aye; Mayor MaxwelL aye. The motion carried unanimously. 4. Order Feasibility Report, 2005 Street Improvement Project (CR2004-167) The amended 2005-2009 CIP includes 2005 street improvements for Madison Ave N, Madison Cir, Monroe Ave N, Jackson Ave N, Van Buren Ave N, Shadyside Cir, and . Sunnyside La. The first step is ordering a feasibility report. Staff has selected Bolton and Menk to undertake survey work, geotechnical evaluation and the preliminary . engineering report. The cost of these services is $43,200. Final design and construction oversight services will be negotiated separately after the feasibility report phase and Council's ordering of the improvement project. Council Member Johnson requested that staff notify the residents and explain the changes. The residents of the neighborhood are not expecting this assessment for another two years. Mr. Stadler agreed to do so. Council Member Brausen moved and Council Member Johnson seconded a motion to adopt Resolution 2004-81, Resolution Ordering the Preparation of a Feasibility Report for Year 2005 Street Improvements. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, 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 9:45 p.m. Respectfully Submitted, . Terry Obermaier, City Clerk COUNCIL MEMBERS ATTEST: Eugene J. Maxwell, Mayor . . October 12,2004 Page 1 MINUTES CITY COUNCIL WORK SESSION - October 12,2004 A work session of the Hopkins City Council was called to order by Mayor Gene Maxwell at 6:35 p.m. on October 12,2004, at the City Hall. Council members Brausen, Jolmson, Rowan and Thompson were present. City personnel present were: Acting City Manager Jim Genellie; City Planner Nancy Anderson; Public Works Director Steve Stadler; Economic Development Director Jim Kerrigan; City Attorney Jeremy Steiner; and Finance Director Christine Harkess. Also present was Chris Meehan of Wenck Associates, Inc. Discussion of EA W, Parker Project Mr. Kenigan said an EA W petition in regard to the proposed office development at 2nd Ave. S. had been discussed at the September 21 Council meeting. At that meeting a deadline of October . 4 was set for information from interested parties. Wenck Associates were hired as consultants by Hopkins. He later added they are consultants for Mimlehaha Watershed District so they are very familiar with such issues. Mr. Meehan said he had looked at all of the infonnation submitted. The envirOlm1ental issues raised by the EA W petition include the flood plain fill, wetland disturbance and stornl water issues. He said that there are impacts but they're not to the point where they're significant impacts that would require an EA W. He felt an EA W was not necessary. The issues that have been raised will be addressed by the Nine Mile Creek Watershed District. The normal process would be for the City Council to do their preliminary CUP approval contingent on approval by the Watershed District. Attorney Steiner agreed that nothing that had been submitted would require an EA W. Mr. Kerrigan noted that all issues in the Liesch Associates letter are Watershed issues. He later added that in one sense Hopkins already has done a "mini-EA W" as two consultants were used and two Watershed Districts will deal with the mitigation of the issues. Ms. Johnson asked about the Leisch reference to the 1990 declaration. Mr. Meehan said that different methods were used in 1987 and 1990 to determine fill; this would be addressed in the Watershed approval. Answering Mayor Maxwell's questions, Mr. Meehan said Valley Park did transfer fill credits, but the issue is to meet impact requirements now. The difference in flood plain elevation was apparently due to a miscalculation; the elevation is 878. Mayor Maxwell asked what other issues could be raised. Mr. Stadler said MNDOT wouldn't let a sewer nm down their right of way; he has not seen a proposal for the sewer line. General Consensus was for Attorney Wynn Curtiss to draft a resolution supporting Wenck . Associates, Inc.' s findings for the next Council meeting. Council wants Mr. Meehan at the Council meeting. Mr. Steiner said the only appeal process from either party would be through the District ---- ---.-.--------- . October 12,2004 Page 2 Court. When it will come before the Watershed would depend on Mr. Parker as he "has a lot of hoops to jump through." Mr. Kerrigan said an EA W would have put the process on hold; without the EA W a site plan review would be done by the Council on November 2. Then it would go to the Watershed District, assuming the Council approved it. Rainbow Food Site Mr. Kerrigan updated the Council on the Rainbow Food site. He talked to Brad Hoyt; they got a quote for the traffic study of $2600. He called about the drive-through; Mr. Kerrigan told him to put any proposal in writing. Later in the day an attorney called asking for staff reports, which were sent. He told him the CUP was required because of the drive through outside the building. Mr. Brausen said he was concerned because there was no plan for how they were filling the 350,000 sq. ft. Mr. Kerrigan commented 25% retail space is conforn1ing; outside storage requires a CUP. Mayor Maxwell said there seems to be more building issues than land use; zoning is a land use issue. Ms. Anderson said she has seen nothing from Rainbow. Mr. Kerrigan said Rainbow couldn't meet the Nov. 2 deadline, as the traffic study could not be done by then; Mayor Maxwell said he could see traffic issues. Ms. Johnson asked when the Goodwill lease ends; Ms. Anderson said she . thought at the end of the year. City Property Transfer to Blake School Attorney Steiner said on September 21 Council had approved a purchase agreement with Blake School that would transfer a strip of land to them. Blake School wants a change in that agreement so that if, in the future, they purchase additional property abutting the present purchase, they would have the present exception to the conservation easement apply to that property also. He added any expansion would still allow only the one permitted north-south access drive. Mr. Thompson asked if Blake School could ask for changes in use of future property. Mr. Steiner said there is nothing that would say they could get more. Mr. Genellie said his concern would be the expansion ofthe playing fields as they are allowed as present exceptions in the agreement. Mr. Rowan said his concern is protecting the trail in natural surroundings. Mr. Thompson agreed. Mr. GeneIlie suggested a compromise might be to agree to Blake School's request with the addition of a definition of the buffer area for the trail. Ms. Johnson agreed the buffer area would be key. General Consensus was to agree to the expansion if a buffer and trail area of 50 feet (10' trail and 20' each side) was included. 2005 Budget, Enterprise and Special Revenue Funds . The following fund budgets are basically unchanged: Para-Transit, Homes Rehabilitation, Section 8, Cable Fund, TIF 2-9, TIF 2-10, TIF 2-11. State Chemical Assessment may get a $50,000 grant. Word should be received in the next .-...-- . October 12,2004 Page 3 couple weeks. Then its budget will be done. She needs more information on the Livable Community Grant before finishing the Economic Development budget. Mr. Brausen mentioned Steve Stahmer's salary was partly assigned to that; Ms. Harkess will check. Answering Mr. Brausen, she said the $61,000 transfer to HCA would continue. The present loan services contractor for housing rehabilitation loans does not want to keep on. They do not think Hopkins is a bad customer but find there is too much work for the amounts. Ms. Harkess will check with Ms. Yager on TIF 1-1. Ms. Harkess recommended a $10 parking fee increase for the leased ramp spaces. Mr. Maxwell noted some lots also have parking fees. Ms. Harkess will do more research. She noted Connie in the Police Dept. wants to know the level of enforcement wanted; this would affect the budget. At present there are 2 part-time people at 25 hours per week each. She has seen no enforcement in the ramp. Mr. Genellie agreed that permit holders need to park on the correct level. Ms. Johnson noted she has not received complaints on enforcement. The Depot has big budget changes, but figures are not certain yet. She estimates staffing costs to drop almost 27%. Mr. GenelIie said staff is discussing ideas, such as having the school take over Depot staff. . TIF 2-7 and 2-8 have been decertified. There will be no more revenue coming in. There was discussion on how remaining funds could be used. Ms. Harkess said there are many technicalities involved; the funds must be used in their own TIP area or else returned to the County. It was suggested this might include the major sewer project planned in the future. Ms. Harkess will look into this further. The HCA salary increase was due to 75% ofMr. Strachota's salary being allocated here. Ms. Harkess needs to do further checking on the CIP to finish the Equipment Replacement fund budget. She also may need to adjust allocation of charges. This will come back to Council. She noted Water and Sanitary Sewer budgets have operated at a loss the last couple years. She found figures indicated a 2005 increase for water fees to $1.40 (a 20~ increase) was scheduled; this would be a $151,000 increase in revenue and more than cover the shortfall for that. She noted depreciation and interest on bonds makes the deficit. The last increase was 1 O~ in 200 1. Mr. Brausen noted this is a cost the individual can control by the amount of water he uses. He feels that at a future date possible future costs for equipment, infrastructure, etc. need to be assessed. General Consensus was the proposed increase should take effect. Any future increases should depend on how the new water meters affect income. . . October l2, 2004 Page 4 Regarding the Sanitary Sewer fund, Ms. Harkess noted there was a decrease of25~ in 2000. A 50~ increase is proposed for 2006. Mr. Stadler said the lease payment for new facilities starts this year. Lift Station #7 will cost about $350,000. General Consensus was to leave the charge increase until 2006. For the Refuse fund, Mr. Stadler will look into what the least increase to cover costs would be. General Consensus was an increase is needed and staff should work on how much it needs to be. Ms. Harkess said the Stann Sewer fund is doing welL An increase is scheduled for 2006 but may be able to be put off for a year. Mr. Stadler says he needs to look at Excelsior Blvd. Phase n. Mr. Genellie said the increase was scheduled due to a large 2007 outlay; this is where he hopes the TIF excess funds might be used. Expenses for the Pavilion are about the same, but rental income is dramatically up. This is due to the School District program. Mayor Maxwell asked iflocker room rent was included in that figure; Mr. Genellie will check. Ms. Harkess said the Skate Park needs a policy decision by the Council. Mr. Genellie noted the organization running it this summer was involved in skating and it went well. General Consensus was to leave this for now and have Mr. Strachota look into options before Council . decides. Mayor Maxwell asked for a budget schedule. There is one more work session in October and three in November; at least three will deal with budget. Some major concerns are the general fund in more detail, capital acquisitions for 2005, use ofreserves vs. debt levy. Mayor Maxwell asked about the single audit report. Ms. Harkess said there were no big problems. The main issue is that HRA agency has laxer guidelines than the single audit does. She will be having a policy that says a double-check must be made that all HRA submissions are actually sent through. This year sometimes a submission did not go through; HRA did not call on it as their regulations were still met. But the single audit process found that a problem. She feels there will be no problems next year. Other Ms. Johnson asked that a thank you letter be sent to those who helped with the open house. Mayor Maxwell asked that RSVPs be done for the reserve banquet, the banquet on the 2 ih, and the breakfast on the 21 st. He said that Blake Antiques had sent four checks for $1 ,000; two for the police department and two for the fire department. They wanted no public acknowledgment, but Captain Liddy will . stop by and thank them for the police department, and someone from the fire department will also. Mr. Genellie said Barb McIntosh wants reappointment to Chemical Health. General Consensus was to accept that unless it is against the policy. . October 12,2004 Page 5 A purchase agreement for the Interlachen property has been received. Discussion followed. General Consensus was that the possibility of selling this land needs to be made public; at least all neighbors should be notified so they can submit offers if they desire. The person submitting the purchase agreement should be notified of this. Ms. Johnson moved adjournment. Mr. Thompson seconded. On a 5-0 vote, the meeting adjourned at 9: 15 p.m. Kasey Kester, Secretary COUNCIL MEMBERS: . ATTEST: Eugene J. Maxwell, Mayor .